Advocacy for patients with opioid use disorder: A primer for physicians and other clinicians on the Americans with Disabilities Act
DOI:
https://doi.org/10.5055/jom.2023.0799Keywords:
opioid use disorder, Americans with Disabilities Act, clinician educationAbstract
Americans with opioid use disorder (OUD) have a disability that is protected under the Americans with Disabilities Act (ADA). Physicians may observe ADA violations when patients are forced to stop taking medications for opioid use disorder (MOUD) as part of an entity’s blanket policy that prohibits MOUD or when patients are denied medical treatment for various illnesses due to having an OUD diagnosis and/or receiving MOUD. Physicians and patients are likely unaware of how to identify potential ADA violations or what to do when they encounter one. This article will explain the ADA and how its protections are applicable to patients with OUD using several case examples. Physicians will learn to recognize possible ADA violations and how to file a report with the Assistant United States Attorney. The article will outline how previous ADA settlements have addressed barriers to MOUD treatment access and highlight the need for more clinicians to serve as advocates to ensure all public entities and accommodations are in compliance with the ADA as it pertains to patients with OUD.
References
Larochelle MR, Bernson D, Land T, et al.: Medication for opioid use disorder after nonfatal opioid overdose and association with mortality: A cohort study. Ann Intern Med. 2018; 169(3): 137-145. DOI: 10.7326/M17-3107. DOI: https://doi.org/10.7326/M17-3107
Evans E, Libo L, Min J, et al.: Mortality among individuals accessing pharmacological treatment for opioid dependence in California, 2006-2010. Addiction. 2015; 110(6): 996-1005. DOI: https://doi.org/10.1111/add.12863
Sordo L, Barrio G, Bravo MJ, et al.: Mortality risk during and after opioid substitution treatment: Systemic review and meta-analysis of cohort studies. BMJ. 2017; 357: J1550. DOI: https://doi.org/10.1136/bmj.j1550
Brown RL, Batty E, Lofwall M, et al.: Opioid use-related stigma and health care decision-making. Psychol Addict Behav. 2023; 37: 222-227. DOI: 10.1037/adb0000830. DOI: https://doi.org/10.1037/adb0000830
Sinkman DH, Dorchak G: Using the Americans with disabilities act to reduce overdose deaths. DOJ J Federal Law Practice. 2022; 70(1): 113-128.
US Department of Justice Civil Rights Division: Introduction to the Americans with Disabilities Act. Available at https://www.ada.gov/topics/intro-to-ada/. Accessed November 16, 2022.
US Department of Justice Civil Rights Division: Americans with Disabilities Act of 1990, As Amended. Available at https://www.ada.gov/law-and-regs/ada/#title-42--the-public-health-and-welfare. Accessed January 13, 2023.
ADA National Network: Information, guidance, and training on the Americans with Disabilities Act. Available at https://adata.org/factsheet/ada-addiction-and-recovery. Accessed November 16, 2022.
The HEALing Communities Study and University of Kentucky J. David Rosenberg College of Law: The legal system and the opioid epidemic: Evidence-based approaches for justice-involved populations. Opioid use disorder and the Americans with Disabilities Act: Eliminating discriminatory barriers to treatment and recovery. Available at https://vimeo.com/735936961/2a76b3d3bd. Accessed October 23, 2022.
US Department of Justice Civil Rights Division: Other disability rights laws. Available at https://www.ada.gov/topics/introto-ada/#other-disability-rights-laws. Accessed January 13, 2023.
US Department of Justice: Offices of the United States Attorneys. Available at https://www.justice.gov/usao/mission. Accessed January 15, 2023.
US Department of Justice Civil Rights Division: The Americans with Disabilities Act and the opioid crisis: Combating discrimination against people in treatment or recovery. Available at https://archive.ada.gov/opioid_guidance.pdf. Accessed December 20, 2022.
The United States Department of Justice: Justice Department issues guidance on protections for people with opioid use disorder under the Americans with Disabilities Act. Available at https://www.justice.gov/opa/pr/justice-department-issues-guidance-protections-people-opioid-use-disorder-under-americans. Accessed November 16, 2022.
National Archives and Records Administration: Code of Federal Regulations. Available at https://www.ecfr.gov/current/title-45/subtitle-A/subchapter-C/part-164/subpart-E/. Accessed January 15, 2023.
South A, Fanucchi L, Lofwall M: Treating opioid use disorder in patients who are incarcerated: Quandaries of a hospitalist. JAMA. 2023; 329(20): 1738-1739. DOI: 10.1001/jama.2023.5904. DOI: https://doi.org/10.1001/jama.2023.5904
The United States Department of Justice: Settlement agreement between the United States of America and Ready to Work, LLC under the Americans with Disabilities Act. Available at https://www.justice.gov/crt/case-document/file/1490111/download. Accessed November 16, 2022.
The United States Department of Justice: Settlement agreement between the United States of America and Ashland Hospital Corporation D/B/a king’s daughter’s medical center. Under the Americans with Disabilities Act. Available at https://www.justice.gov/crt/case-document/file/1547661/download. Accessed December 20, 2022.
Legal Action Center: Cases involving discrimination based on treatment with medication for opioid use disorder (MOUD). June 6, 2022. Available at https://www.lac.org/assets/files/Cases-involving-denial-of-access-to-MOUD.pdf. Accessed November 16, 2022.
US Constitution: Amend. VIII. Available at https://constitutioncenter.org/the-constitution/amendments/amendment-viii. Accessed November 16, 2022.
US Constitution: Amend. XIV. Available at https://constitutioncenter.org/the-constitution/amendments/amendment-xiv. Accessed November 16, 2022.
Binswanger IA, Stern MF, Deyo RA, et al.: Release from prison—A high risk of death for former inmates. N Engl J Med. 2007; 356(2): 157-165. DOI: https://doi.org/10.1056/NEJMsa064115
Justia US Law: New York Laws cor—Correction article 22 miscellaneous provisions 626—Medication assisted treatment in correctional facilities. 2021. Available at https://law.justia.com/codes/new-york/2021/cor/article-22/626/#:~:text=*%20%C2%A7%20626.,from%20an%20authorized%20prescribing%20professional. Accessed November 16, 2022.
The United States Department of Justice: Settlement agreement between the United States and The Massachusetts Parole Board. Available at https://www.justice.gov/crt/case-document/file/1551886/download. Accessed January 10, 2023.
The United States Department of Justice: Settlement agreement between the United States and Massachusetts Trial Court. Available at https://www.justice.gov/usao-ma/press-release/file/1486736/download. Accessed November 16, 2022.
The United States Department of Justice: Settlement agreement between the United States of America and Massachusetts General Hospital under the American with Disabilities Act. Available at https://archive.ada.gov/mass_gen_hosp_sa.html. Accessed November 16, 2022.
Published
How to Cite
Issue
Section
License
Copyright 2005-2024, Weston Medical Publishing, LLC
All Rights Reserved