Court Cases
As part of its response to the opioid crisis, United States Attorney Rachael S. Rollins sent a letter to all skilled nursing facilities in Massachusetts 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 aggressively enforce these protections.
The ADA, which prohibits discrimination based on disability, protects individuals with OUD. Since 2018, the U.S. Attorney’s Office has entered into 10 settlement agreements with entities owning a total of 51 skilled nursing facilities for refusing to admit individuals prescribed medications for opioid use disorder (MOUD), including buprenorphine (Suboxone), vivitrol and methadone. To ensure compliance with the nondiscrimination provisions of the ADA, skilled nursing facilities must evaluate each applicant individually to determine suitability for admission, rather than enacting a blanket policy denying admissions to all persons treated with MOUD.
The Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Northern District of Iowa announced a settlement agreement with the Cedar Rapids Community School District in Cedar Rapids, Iowa, to address the discriminatory use of seclusion and restraint against students with disabilities.
The department’s investigation found that the school district inappropriately and repeatedly secluded and restrained students with disabilities as early as kindergarten in violation of Title II of the Americans with Disabilities Act (ADA). The department concluded that instead of meeting the needs of students with disabilities that affect their behavior, the school district subdued them through unnecessary restraints and improper confinement alone in small seclusion rooms, sometimes multiple times in one day and often for excessive periods of time. As a result of these practices, some students lost hundreds of hours of instructional time. The investigation also found that the school district did not end seclusion where students showed signs of crisis or trauma, or when there was no longer any threat of harm. Under the settlement agreement, the Cedar Rapids Community School District has voluntarily agreed to end the use of seclusion, reform its restraint practices, and improve its staff training on anticipating, appropriately addressing, and de-escalating students’ disability-related behavior through appropriate behavioral interventions.
The Department of Justice announced that the Housing Authority of New Orleans (HANO) and seven private developers have agreed to pay $250,000 to settle claims that they violated the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) by failing to design and construct eight multifamily residential properties and associated places of public accommodation so that they are accessible to persons with disabilities. As part of the settlement, the defendants also agreed to make extensive retrofits to remove accessibility barriers at the properties.
