U.S. Attorney Reminds Skilled Nursing Facilities Not to Refuse Treatment to People with with Substance Use Disorder

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont announced that United States Attorney Nikolas P. Kerest sent a letter to all skilled nursing facilities in Vermont warning that refusing to provide care for persons with opioid use disorder (OUD) violates the Americans with Disabilities Act (ADA) and that the U.S. Attorney’s Office will enforce these federal civil rights protections.

The ADA, which prohibits discrimination based on disability, protects individuals with OUD. Across the country, the Department of Justice has entered into numerous settlement agreements with skilled nursing facilities for refusing to admit individuals who are prescribed medications for opioid use disorder, including buprenorphine (Suboxone), vivitrol and methadone. Skilled nursing facilities are required to conduct an individualized assessment of each applicant’s admissibility and may not simply prohibit all individuals taking medications for OUD. Courts may impose civil penalties for ADA violations, which could be as high as $111,614 for a first violation, and potentially double that amount for subsequent violations. 

“No person should be forced to choose between receiving the skilled nursing care they require and taking their prescribed medications to support their recovery,” said U.S. Attorney Kerest. “People living with OUD deserve to access healthcare without facing illegal barriers.” 

The Civil Rights Program of the U.S. Attorney’s Office enforces federal civil rights protections in Vermont. Assistant United States Attorney Julia “Jules” Torti serves as the Civil Rights Coordinator for civil matters, and Assistant United States Attorney Zachary Stendig serves as the Office’s Criminal Civil Rights Coordinator. For more information on the Office’s civil rights efforts, or to file a complaint, please visit https://www.justice.gov/usao-vt/civil-rights-program.