October is National Opioid Issue | October | 2018 Substance Abuse Prevention Month

 Over 100 people in the United States die from an opioid related drug overdose every day.

 The Office for Civil Rights released two new fact sheets that address nondiscrimination protections for OCR qualified individuals with opioid use disorders.

DRUG ADDICTION AND NONDISCRIMINATION LAWS: A CHAT WITH OCR DIRECTOR, ROGER SEVERINO focus

J oining the Fight Against the Opioid Crisis

Individuals with an Opioid Use Disorder May be Protected by Nondiscrimination Laws Enforced by the U.S. Department of Health and Human Services, Office for Civil Rights

Q. What is the connection between civil Q. When does an individual with a drug rights protections and the opioid epidemic? addiction “qualify” as an individual with a disability under federal antidiscrimination A. Nondiscrimination laws enforced by OCR laws? prohibit discrimination and require covered entities to provide qualified individuals with A. To be protected by federal disability an opioid use disorder with an equal rights laws, an individual with a disability, opportunity to participate in a program must be a “qualified” individual with a activity, regardless of race, color, national disability. This means that the individual origin, age, disability, exercise of must meet the essential eligibility conscience, religion, or sex. For example, requirements for receipt of services or Q. In 2017, President Trump and HHS covered child welfare agencies may not participation in a covered entity’s declared the opioid crisis a “Public Health delay or deny parent-child visitation or programs, activities, or services. Under Emergency”. How has the Office for Civil reunification services to a parent receiving these laws, qualified individuals with a Rights (OCR) responded to this call to action MAT, if the parent would be or is otherwise disability may not be excluded from to address opioid misuse and addiction? eligible to receive such services. participation in programs and services, be denied the benefit of, or otherwise A. OCR launched a new public education Q. Is an opioid addiction a disability under subjected to discrimination based on the campaign aimed to improve access to federal disability rights laws? disability. evidence-based opioid use disorder treatment and recovery services, including Medication A. Drug addiction, including an addiction to These laws require covered entities to Assisted Treatment (MAT), by clarifying civil opioids, is a disability under Section 504 of reasonably modify rules, policies or rights protections that may apply to persons the Rehabilitation Act, the Americans with practices, provide appropriate auxiliary with opioid use disorders. OCR also released Disabilities Act, and Section 1557 of the aids and services, or remove architectural important guidance explaining when HIPAA Affordable Care Act, when the opioid and communication barriers to ensure permits healthcare providers and other addiction substantially limits a major life equal opportunities for qualified covered entities to share a patient’s health activity. individuals with disabilities. (Cont’d) information with loved ones and others involved in a patient’s care.

(Cont’d) Joining the Fight

Discrimination, bias and stereotypical beliefs about persons with opioid use disorders can lead to unnecessary and unlawful barriers to Medication Assisted Treatment, and may contribute to delays in accessing critical health and

human service programs.

Federal disability rights laws also However, an individual is not to be Ensuring that individuals who protect individuals if they: denied health services, or services primarily speak a language other than

provided in connection with, for English, have meaningful access to example, drug rehabilitation, on the Have successfully completed a critical health and human service basis of that current illegal use of supervised drug rehabilitation programs, like MAT; and drugs if the individual is otherwise program or have otherwise been entitled to such services. Ensuring that opioid use disorder . successfully rehabilitated and are Q. What is a covered entity? treatment programs and other critical not currently engaged in the illegal “Discriminatory barriers health and human services are use of drugs; in health and human A. A covered entity is any entity that accessible, for example, to persons

receives federal financial assistance services programs, Are participating in a supervised with physical or mobility impairments. from the Department of Health and including opioid use drug rehabilitation program and are Human Services or is covered under disorder treatment and currently not engaged in the illegal Q. Will OCR’s public education use of drugs; or Title II of the Americans with campaign be useful to patients or recovery programs, can Disabilities Act as a program, family members and friends of delay and prevent people service, or regulatory activity relating Are erroneously regarded as individuals suffering from opioid use with an opioid use to the provision of health care or disorders? engaging in such use, but are not disorder from getting the engaging in such use. social services. Examples may help and support they include hospitals and health clinics, A. Absolutely. The first goal of the Q. Do federal disability rights laws nursing homes, substance use campaign is to improve access to need.”

protect individuals who are disorder treatment programs, TANF evidence-based opioid treatment, currently engaged in the “illegal and child welfare programs. including MAT, by informing covered DISCLAIMER: This use of drugs? entities about their civil rights guidance document is not a Q. How will OCR’s public education obligations under the law. The second final agency action, does not A. Individuals who currently campaign help covered entities take goal is to educate the public about civil legally bind persons or engage in the “illegal use of drugs” additional steps to ensure compliance rights protections that may apply to entities outside the Federal are specifically excluded from the with federal nondiscrimination laws? persons in recovery from an opioid government, and may be definition of an individual with a addiction. OCR also launched a rescinded or modified at the A. The fact sheets that OCR recently website which serves as a “one stop Department’s discretion. disability when a covered entity released highlight various shop” for information that highlights Noncompliance with any takes an adverse action on the basis of that current use. compliance best practices for covered both our civil rights and HIPAA work voluntary standards (e.g., entities including: in this area. recommended practices) contained in this document will not, in itself, result in any enforcement action.

Contact OCR

For more information about this topic, please visit our website at HHS.GOV/OCR/OPIOIDS

You can call OCR toll-free at: 1-800-368-1019, TDD: 1-800-537-7697 or email us at [email protected]

You can also file a written complaint by mail, fax, e-mail, or via the OCR Complaint Portal found on our website.