Evergreen Reporter

The U.S. Attorney’s Office in Boston has reminded rest homes in Massachusetts of their obligations under the Americans with Disabilities Act (ADA). This reminder addresses discrimination against individuals with disabilities, including those with opioid use disorder and mobility restrictions.

Rest homes are residential care facilities offering 24-hour supervision and supportive services such as meals, activities, housekeeping, and medication administration to residents. They serve as an option for older adults and persons with disabilities seeking community-based supportive care. Approximately 60 facilities in Massachusetts hold licenses as rest homes.

According to the ADA, these facilities cannot refuse admission to individuals with opioid use disorder (OUD) who take medications like buprenorphine (Suboxone) and methadone for treatment. Compliance requires that each applicant be evaluated individually rather than applying a blanket policy that denies admission based on OUD treatment. Similarly, the ADA prohibits denying entry to people using mobility aids such as walkers or wheelchairs unless specific devices pose legitimate safety concerns.

“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,” stated 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 of the U.S. Attorney’s Office has reached 10 settlement agreements with Massachusetts entities operating skilled nursing facilities for refusing admissions based on prescribed medications for OUD. The office plans to continue enforcement actions against non-compliant rest homes and other residential facilities in Massachusetts. Courts may impose civil penalties up to $92,383 for first-time ADA violations, potentially doubling for subsequent infractions.

Established in 2015, the Civil Rights Unit aims to enhance federal civil rights enforcement efforts. More information about their initiatives can be found at www.justice.gov/usao-ma/civil-rights.