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Genesis HealthCare Agrees to Resolve Allegations of Discrimination Against Individuals with Opioid Use Disorder

Strategic Insights

— 1 min read

The US Department of Health and Human Services (HHS) has reached an agreement with Genesis HealthCare Inc. to resolve allegations that 12 skilled nursing facilities in Rhode Island and Massachusetts operated by the company denied admission to individuals with Opioid Use Disorder (OUD) due to their treatment. This action violates the Americans with Disabilities Act (ADA), the Patient Protection and Affordable Care Act, and the Rehabilitation Act. The investigation began with complaints from individuals who were denied admission to Genesis facilities due to their OUD treatment. Many individuals with OUD have a disability under federal civil rights laws and were seeking admission for conditions unrelated to their dependency. The facilities' refusal to admit individuals with OUD underscores the ongoing struggle to address the opioid crisis in the US.

Key Takeaways:

  • Genesis HealthCare Inc. agreed to adopt a non-discrimination policy and provide training on federal civil rights laws and OUD to admissions personnel at its 12 facilities in Rhode Island and Massachusetts.
  • The company will also pay a civil penalty of $60,000, with $50,000 of the penalty suspended and forgiven if the Genesis-designated facilities comply with the terms of the agreement.
  • Acting Secretary of HHS Xavier Becerra has made advancing the goal of ending the opioid crisis a priority, particularly since the COVID-19 pandemic has exacerbated the crisis.
  • The agreement advances this important goal by ensuring civil rights laws protect healthcare access for individuals in treatment for OUD.
  • The US Attorney's Offices in Rhode Island and Massachusetts commended Genesis's cooperation in modifying its policies for compliance with the ADA and encouraged other skilled nursing facilities to proactively do the same.

Statistics:

  • $60,000: The civil penalty paid by Genesis HealthCare Inc.
  • $50,000: The amount of the penalty that will be suspended and forgiven upon compliance with the agreement's terms.
  • 12: The number of skilled nursing facilities operated by Genesis HealthCare in Rhode Island and Massachusetts involved in the agreement.
  • 1: The number of federal civil rights laws allegedly violated by Genesis HealthCare's practices (Americans with Disabilities Act, Patient Protection and Affordable Care Act, and Rehabilitation Act).

Sources:

  • "US Department of Health and Human Services"
  • "Genesis HealthCare Inc."
  • "Office for Civil Rights (OCR)"
  • "United States Attorney's Offices in the Districts of Rhode Island and Massachusetts"
  • "Acting United States Attorney Richard Myrus"
  • "Acting United States Attorney for the District of Massachusetts Nathaniel R. Mendell"

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