U.S. Attorney's Office Settles Disability Discrimination Complaint with Skilled Nursing Facility

BOSTON – The U.S. Attorney’s Office and the U.S. Department of Health and Human Services’ Office for Civil Rights reached an agreement today with North End Rehabilitation and Healthcare Center (North End), a skilled nursing facility in Boston, to resolve allegations that the facility denied admission to individuals being treated with medications for Opioid Use Disorder (OUD) in violation of the Americans with Disabilities Act (ADA). 

“Patients suffering from opioid use disorder are too often faced with the agonizing decision between accessing life-saving medication to treat their addiction, or accessing other critical health care. Patients’ health and rehabilitation are negatively impacted when nursing facilities deny admissions simply because someone is engaged in recovery,” said Acting United States Attorney Joshua S. Levy. “We thank North End Rehabilitation for its cooperation and its commitment in working with us to ensure access to addiction treatment for those who may also need long term care.”

“It is against the law to deny an individual placement in a facility because they are undergoing treatment for an opioid use disorder.  This kind of action is not only illegal but leads to further stigma and is contra to efforts to support recovery which is critical,” said Melanie Fontes Rainer, Director of the U.S. Department of Health and Human Services, Office for Civil Rights. “Today’s announcement supports this Administration’s national strategy to prevent, treat, and provide long term recovery supports for individuals with behavioral health needs or substance use disorders, as well as the HHS Roadmap for Behavioral Health Integration, which implements the National Strategy by promoting equity in access to affordable, high quality, culturally appropriate care.”

Following a review, several instances were found between December 2020 and April 2022 where patients were denied admissions because they were taking Suboxone or methadone to treat their OUD. Individuals receiving treatment for OUD are generally considered disabled under federal civil rights laws, which prohibits private healthcare providers from discriminating on the basis of disability. 

Under the terms of the agreement, North End will, among other things, adopt a non-discrimination policy, revise its admissions policy and provide training to admissions staff. North End will also pay the United States a $111,614 civil penalty. All but $10,000 will be forgiven if North End complies with the terms of the agreement for a two-year period. 

Since May 2018, the U.S. Attorney’s Office has settled with 13 healthcare providers to resolve ADA violations related to OUD treatment. These agreements have addressed compliance at 53 skilled nursing facilities. 

Acting U.S. Attorney Levy and HHS OCR Director Fontes Rainer made the announcement today. Assistant U.S. Attorney Gregory Dorchak of the Office’s Civil Rights Unit handled the matter.