Massachusetts Skilled Nursing Operator Settles With DOJ Over Opioid Admission Denial Allegations

The federal government this week announced a settlement with a Massachusetts operator over allegations that the company discriminated against residents with opioid use disorder (OUD).

Next Step Healthcare, which operates 21 SNFs in the state, allegedly denied admission to 548 patients who were prescribed medications for OUD, according to a statement issued by U.S. Attorney’s Office for the District of Massachusetts.

As part of its agreement with the government, Next Step will pay a civil penalty of $92,383; $10,000 of the total amount will be paid now, while the remainder may be forgiven if Next Step complies with the terms of the agreement.

Advertisement

Namely, to adopt a nondiscrimination policy regarding the provision of services to those with disabilities, including patients being treated for substance abuse disorder and individuals on medications for opioid use disorder.

Individuals receiving such treatment are considered disabled under the Americans with Disabilities Act (ADA), which prohibits private health care providers from discriminating on the basis of disability.

These patients sought care at Next Step for health issues unrelated to their addiction, but also required medication to treat their opioid abuse disorder.

Advertisement

“We appreciate Next Step’s cooperation in modifying its policies and practices to come into compliance with the ADA, and we strongly encourage other skilled nursing facilities to proactively do the same,” U.S. Attorney Rachael Rollins said in a statement.

Next Step did not respond Skilled Nursing News’ request for additional comment.

The case in Massachusetts falls in line with recent updates to the Centers for Medicare & Medicaid Services (CMS) rules of participation in June – the agency aims to further address the rights and available services for residents with mental health needs using its behavioral health strategy.

At a higher level, CMS is making a push to elevate clinical practices in an effort to improve quality of care at nursing homes.

Drug addiction is considered a mental illness, according to the National Institute on Drug Abuse; addiction changes the brain in fundamental ways, changing priorities and disrupting a person’s hierarchy of needs and desires.

This is the U.S. Attorney’s Office’s 10th settlement agreement with a SNF operator, according to the state’s DOJ. The office has entered into 16 settlement agreements and six letters of resolution to ensure ADA compliance related to opioid use disorder treatment.

“The District of Massachusetts is leading the country in this type of important work and will continue to uphold the ADA and support people with substance use disorders,” the statement read.

Assistant U.S. Attorneys Michelle Leung, Gregory Dorchak and Annapurna Balakrishna of Rollins’ Civil Division handled the case.

Companies featured in this article: