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On Tuesday, Dec. 29, Alliance Health and Human Services - which operates 8 skilled rehab and nursing facilities in Massachusetts - resolved allegations that it had violated the Americans with Disabilities Act (ADA) by turning away patients because they were being treated for Opioid Use Disorder (OUD) with methadone or buprenorphine, said the U.S. Attorney’s Office, Massachusetts.
People being treated for OUD are generally considered to be disabled under the federal definition. Under the ADA, private healthcare providers cannot discriminate on the basis of disability, the U.S. Attorney’s Office said.
The people who were turned away by Alliance facilities, went there seeking medical attention to conditions unrelated to their addictions, though, admitting the patients would require Alliance to continue their OUD treatments, as well.
Under the terms of the agreement, Alliance will, among other things, adopt a non-discrimination policy, provide staff ADA and OUD training, pay a civil penalty of $50,000 - $40,000 of which will be forgiven if Alliance materially complies with the terms of the agreement, the U.S. Attorney’s Office said.
Alliance isn’t the first network with nursing homes in Massachusetts to get sued by the U.S. Attorney’s Office over discrimination: In 2019, a settlement was reached with Athena Health Care Systems and in 2018 the state reached a settlement with Chartwell House.
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