Dozens of Pennsylvania Nursing Homes Commit To No Longer Bar Admission Based on Opioid Use

With opioid abuse disorders on the rise and impacting millions of Americans, nursing homes have been important partners in drug treatment. And yet, denial of admission to residents with this condition has been an issue in the sector, given that the care of such residents is complex.

Pennsylvania is one state that has decided to take steps to prevent denials based on a resident’s previous history with opioid drug use, with Attorney General Michelle Henry’s office announcing Thursday that several nursing home providers have agreed to comply with state and federal disability laws.

In all, 38 Pennsylvania nursing homes committed to comply with laws that prohibit nursing facilities from turning down such patients, unless they are engaged in illegal drug use, a press release from the attorney general’s office stated.

The office was compelled to initiate the move after receiving a complaint last December from a 76-year-old man diagnosed with Lupus, who developed an opioid addiction from his prescribed morphine use for pain associated with his disease. After a bout with Covid that necessitated hospitalization, surgery, and other medical interventions, the man had been denied admission at multiple skilled nursing facilities (SNFs) due to his opioid use history, despite having a hospital referral.

“Opioid dependency impacts every Pennsylvania community, and those receiving medication that enables recovery should not be discriminated against,” Attorney General Henry said. “[T]hese settlements highlight how people in recovery deserve to be treated with dignity and respect. In fact, the law requires it.”

The Office of Attorney General’s Civil Rights Enforcement Section examined the admission policies of the various SNFs to which the complainant had been referred.

“The Office was able to obtain commitments from them – fashioned as assurances of voluntary compliance, warning letters, or compliance letters – to review and revise their admission policies to conform to the law, and to notify their staff and regular referral sources,” the press release noted.

SNFs in Pennsylvania offering commitments include, Spring Creek Rehabilitation and Nursing Center, 12 facilities affiliated with Priority Healthcare Group, 6 facilities affiliated with Kadima Healthcare Group, 6 facilities affiliated with Senior Health Care Solutions, 11 facilities associated with ProMedica, Londonderry Village and The Middletown Home as well as several more.

Drug addiction is generally covered by the Americans with Disabilities Act (ADA), and non-discrimination protections of the ADA extend to individuals in recovery from opioid use disorder who seek admission to skilled nursing facilities.