Brookline Nursing Facility To Settle Disabilities Act Violations

BROOKLINE, MA — CareOne at Brookline is one of four skilled nursing facilities whose companies have agreed to resolve allegations that their Massachusetts-based care centers denied admission to prospective residents because they were on prescribed meds for Opioid Use Disorder (OUD).

According to U.S. Attorney Nathaniel R. Mendell, CareOne Realty, Hebrew Senior Life, Sheehan Health Group, and Wingate Healthcare allegedly violated the Americans with Disabilities Act (ADA), the Rehabilitation Act, and the Patient Protection and Affordable Care Act by denying admission to individuals because they were being treated with buprenorphine or methadone, medications used to treat OUD.

Although the patients who were denied care in these cases were seeking admission for health issues unrelated to their dependency, individuals who are on OUD meds are generally considered disabled under federal civil rights laws.

“Compliance with the ADA is mandatory, and the ADA protects people with recognized disabilities, such as Opioid Use Disorder,” said Mendell in a statement. “Vindicating the right to treatment afforded by the ADA is important to my office – it is an effective way to prevent discrimination against disabled people and ensure fair access to treatment for those in recovery.”

Under the terms of the settlement agreement, the four companies will adopt a non-discrimination policy, provide training on the ADA and OUD to employees, and pay civil penalties totaling $55,000, of which $35,000 will be suspended and forgiven if the facilities comply with the other terms.

Since 2018, the U.S. Attorney’s Office has settled with eight healthcare providers to resolve ADA violations related to OUD treatment.