BOSTON – The U.S. Attorney’s Office has issued a reminder to rest homes in Massachusetts about their obligations under the Americans with Disabilities Act (ADA) with respect to discrimination against persons with disabilities including opioid disorder and mobility restrictions.
Rest homes are residential care facilities that provide 24-hour supervision and supportive services, such as meals, activities, housekeeping and administration of medications to residents. These facilities provide an option for older adults and persons with disabilities in Massachusetts to receive supportive care in a community setting. There are approximately 60 facilities licensed as rest homes in Massachusetts.
Under the ADA, rest homes cannot refuse to admit persons with opioid use disorder (OUD) because they take medications to treat their OUD, such as buprenorphine (Suboxone) and methadone. To ensure compliance with the nondiscrimination provisions of the ADA, facilities must evaluate each applicant individually to determine suitability for admission, rather than enacting a blanket policy denying admissions to all persons treated with medications for OUD. Also under the ADA, rest homes must not deny admission to people with disabilities who use mobility aids such as walkers, crutches and canes, or manual or power wheelchairs or scooters, unless a particular type of device cannot be accommodated because of a legitimate safety requirement.
“It is against the law to deny someone admission to a facility based on the fact that they require mobility aids or are receiving treatment for opioid use disorder,” said Acting U.S. Attorney Levy. “These patients have the same rights as anyone else to seek out the appropriate residential setting to meet their needs. Nobody should be refused admission to a rest home simply because they are disabled.”
Since 2018, the Civil Rights Unit for the U.S. Attorney’s Office has entered into 10 settlement agreements with Massachusetts entities that operate skilled nursing facilities for refusing to admit individuals prescribed medications for OUD. The U.S. Attorney’s Office will continue to pursue similar enforcement actions against rest homes and other residential facilities in Massachusetts that fail to follow the law. Courts may impose civil penalties for ADA violations, which could be as high as $92,383 for a first violation, and potentially double that amount for subsequent violations.
The Civil Rights Unit of the U.S. Attorney’s Office was established in 2015 with the mission of enhancing federal civil rights enforcement. For more information on the Office’s civil rights efforts, please visit www.justice.gov/usao-ma/civil-rights.
