Skilled nursing facilities in North Carolina have recently made headlines for reaching a groundbreaking settlement that prohibits discrimination against individuals with a history of substance use. This landmark agreement could potentially set a precedent for how long-term care facilities across the nation handle admissions for people with addiction issues.
The settlement requires the facilities to implement new antidiscrimination admission policies that prioritize individual assessment rather than automatic denial based on past substance use. This policy extends to individuals using addiction medications such as methadone and buprenorphine, as well as those currently using illegal drugs. While facilities are not required to compromise their own rules regarding substance use among admitted patients, they must now consider each applicant on a case-by-case basis.
Rebekah Joab, an attorney with the Legal Action Center, emphasized that the Americans with Disabilities Act prohibits the denial of health services to individuals based on current drug use. This means that individuals with substance use disorders must be treated equally to everyone else. The lawsuit that led to this settlement was a joint effort between the Legal Action Center and Disability Rights North Carolina, on behalf of an anonymous client known as “John Doe” who was denied admission to Sunnybrook Rehabilitation Center and Treyburn Rehabilitation Center in Raleigh and Durham, North Carolina.
Sara Harrington, an attorney with Disability Rights North Carolina, clarified that the settlement does not compel facilities to admit potentially disruptive patients. Instead, it requires equal treatment of all applicants and eliminates automatic rejection of those with a history of substance use. Harrington emphasized the importance of giving individuals a chance, as demonstrated by the successful placement of their client in a facility where he has thrived as a resident.
The settlement represents a significant step in expanding the application of the Americans with Disabilities Act to protect individuals in recovery, those receiving opioid use disorder medications, and even those currently using illicit drugs. Recent legal developments have increasingly used the ADA to combat discrimination in various healthcare and carceral settings, including a federal judge certifying a class-action lawsuit against the Salvation Army for denying admission to individuals taking addiction medications.
While the North Carolina settlement does not establish new legal doctrine for skilled nursing facilities nationwide, it does set a precedent for future lawsuits in similar cases. It remains to be seen whether the Department of Justice under the current administration will continue efforts to combat discrimination against individuals with addiction. Holly Stiles, assistant legal director for litigation at Disability Rights North Carolina, stressed the importance of interpreting federal law uniformly across the country to ensure that all facilities understand their obligation to have antidiscrimination policies in place.
In conclusion, the North Carolina settlement represents a significant victory for individuals with substance use disorders seeking admission to long-term care facilities. By challenging systemic denials of admission based on past substance use, this settlement paves the way for a more equitable approach to treating individuals with addiction in healthcare settings nationwide.
