Seattle – The U.S. Department of Justice and the Mason County Jail reached a settlement this month of allegations the jail violated the Americans with Disability Act (ADA) by refusing to provide inmates with medications for the treatment of opioid use disorder (OUD), announced U.S. Attorney Tessa M. Gorman. Under the terms of the settlement, medical providers at the jail will prescribe and provide all three medications approved by the Food and Drug Administration (FDA) to treat OUD, including methadone, naltrexone, and buprenorphine.
“Substance use disorder is a disabling condition under the Americans with Disabilities Act, and public service providers such as jails and prisons must treat it as such – providing the medical care and prescriptions needed to treat the disorder,” said U.S. Attorney Gorman. “We hope this change in practice at the Mason County Jail means those serving time will emerge from incarceration in a better state to continue a path to recovery.”
According to the settlement agreement, the practices at the Mason County Jail first came to the attention of the Civil Rights Unit at the U.S. Attorney’s Office when an inmate complained that they were unable to continue the OUD medication that had been prescribed at a different correctional facility.
An investigation by the U.S. Attorney’s Office revealed the jail violated the ADA by discontinuing the use of OUD medications for non-medical reasons. The jail also had no way to prescribe methadone to inmates who medically qualified for it. The jail required inmates currently receiving methadone treatment to go through withdrawal and transition to an alternative medication.
The Mason County Jail entered into this settlement, while not admitting it violated the ADA.
Under the terms of the settlement, the jail will provide a draft healthcare policy to the U.S. Attorney’s office that ensures all inmates are evaluated for OUD at intake. The jail agrees not to change or discontinue an inmate’s treatment without the determination by a qualified medical professional that the treatment is no longer medically appropriate. The jail agrees not to withhold health services or use rewards or punishments to encourage or discourage a particular treatment for OUD.
Additionally, the jail will train staff on the ADA and will keep a log of all medication discontinuations and denials. The jail will provide the U.S. Attorney’s Office with any complaints it receives regarding compliance with the ADA.
The jail will have 14 days to respond to any complaints or the U.S. Attorney’s Office can go to court to enforce the agreement.
The agreement and monitoring will last for one year.
The settlement was negotiated by Susan Kas, Civil Rights Coordinator in the Civil Division of the U.S. Attorney’s Office.
