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

Strategic Insights -

The US Department of Health and Human Services (HHS) has reached an agreement with Genesis HealthCare Inc. regarding allegations that the company's skilled nursing facilities in Rhode Island and Massachusetts refused admission to individuals taking FDA-approved medications for Opioid Use Disorder (OUD). The investigation, led by the Office for Civil Rights (OCR) and the US Attorney's Offices in Rhode Island and Massachusetts, found that the facilities denied admission to these individuals, violating federal civil rights laws, including the Americans with Disabilities Act (ADA) and the Patient Protection and Affordable Care Act. As part of the agreement, Genesis HealthCare will adopt a non-discrimination policy, provide training on federal civil rights laws and OUD, and pay a civil penalty of $60,000, with $50,000 suspended and forgiven if the facilities comply with the terms of the agreement.

Key Takeaways:

  • Genesis HealthCare Inc.'s skilled nursing facilities in Rhode Island and Massachusetts denied admission to individuals taking medication for Opioid Use Disorder (OUD), in violation of federal civil rights laws.
  • The facilities will adopt a non-discrimination policy and provide training on federal civil rights laws and OUD to admissions personnel.
  • The company will pay a civil penalty of $60,000, with $50,000 suspended and forgiven if the facilities comply with the terms of the agreement.
  • HHS initiated the investigation after receiving complaints from individuals who were denied admission to Genesis facilities in Rhode Island and Massachusetts because they were being treated with buprenorphine or methadone.
  • The agreement is part of HHS's efforts to address the opioid crisis and ensure that individuals with disabilities, including those with OUD, have access to necessary treatment and healthcare services.

Statistics:

  • 12 skilled nursing facilities in Rhode Island and Massachusetts operated by Genesis HealthCare Inc. were investigated for allegedly denying admission to individuals taking medication for Opioid Use Disorder (OUD).
  • $60,000: the civil penalty Genesis HealthCare will pay, with $50,000 suspended and forgiven if the facilities comply with the terms of the agreement.
  • $50,000: the amount of the civil penalty that will be suspended and forgiven if the facilities comply with the terms of the agreement.

Sources:

  • U.S. Department of Health & Human Services
  • Acting OCR Director Robinsue Frohboese
  • Acting United States Attorney Richard Myrus
  • Acting United States Attorney for the District of Massachusetts Nathaniel R. Mendell
  • HHS OCR Complaints (https://www.hhs.gov/ocr/complaints)
  • Genesis HealthCare Agreed Order (https://www.hhs.gov/civil-rights/for-providers/compliance-enforcement/agreements/genesis-healthcares-designated-nursing-home-facilities-agreement/index.html)