http://pfr.samhsa.gov/docs/Know_Your_Rights_Brochure_0110.pdf
Below, notice this paragraph regarding Child Welfare:
Child Welfare System - May judges, prosecuting attorneys, and others in the child
welfare system require parents to end their participation in MAT in order to get their children back or to keep their children?
No. Courts and other government agencies may not single out people in MAT
and require them to stop taking legally prescribed medications. Such a
requirement would be no different than telling an insulin-dependent, diabetic
parent that she may not have her children back unless she stops taking insulin
and addresses her diabetes through nutrition and exercise alone. Courts may,
however, require people in MAT to comply with treatment requirements.
Then why does NH DCYF and the court's get away with this miscarriage of justice in the removal of newborn's from their Mother's who are in Methadone Treatment Program's and COURT-ORDERED out of the Treatment Program in order to regain custody of their child?
Is NH special? Are they really "above the Law" as they keep telling us? Why aren't they forced to abide by Government mandates and law's in the KIDNAPPING of our children?
Know Your Rights: Rights for Individuals
on Medication-Assisted Treatment
U.S. Department of Health and Human Services
Substance Abuse and Mental Health Services Administration
Center for Substance Abuse Treatment Acknowledgments
This publication was prepared for the Substance Abuse and Mental Health Services Administration
(SAMHSA) by the Legal Action Center (LAC) for the Partners for Recovery Initiative under Abt
Associates, Inc., under contract number 270-03-9000, with SAMHSA, U.S. Department of Health
and Human Services (HHS). Shannon Taitt, M.P.A. served as the Government Project Officer.
Disclaimer
The views, opinions, and content of this publication are those of the author and do not necessarily
reflect the views, opinions, or policies of SAMHSA or HHS.
This publication provides general guidance on the legal rights of individuals with alcohol and drug
problems. It is not intended to serve as legal advice for any particular case involving or potentially
involving discrimination. If you believe that you have been or are being subjected to illegal
discrimination, you should immediately consult an attorney or seek assistance from the Federal
agency responsible for addressing discrimination complaints or administering the program or benefits
at issue.
Public Domain Notice
All material appearing in this publication is in the public domain and may be reproduced or copied
without permission from SAMHSA/CSAT. Citation of the source is appreciated. However, this
publication may not be reproduced or distributed for a fee without the specific, written authorization
of the Office of Communications, SAMHSA, HHS.
Electronic Access and Copies of Publication
This publication may be downloaded or ordered at http://www.samhsa.gov/shin/. Or, please
call SAMHSA’s Health Information Network at 1-877-SAMHSA-7 (1-877-726-4727) (English a
Español).
nd
Recommended Citation
Attorneys at the Legal Action Center authored, Know Your Rights: Rights for Individuals on MedicationAssisted Treatment. HHS Publication No. (SMA) 09-4449. Rockville, MD: Center for Substance Abuse
Treatment, Substance Abuse and Mental Health Services Administration, 2009.
Originating Office
Office of Program Analysis and Coordination, Center for Substance Abuse Treatment, Substance
Abuse and Mental Health Services Administration, 1 Choke Cherry Road, Rockville, MD 20857 HHS
Publication No. (SMA) 09-4449. ARE YOU IN
RECOVERY FROM
ALCOHOL OR
DRUG PROBLEMS? Know
your
Rights
INTRODUCTION
This brochure explains the Federal laws that prohibit discrimination against
individuals with disabilities and how they protect people receiving MedicationAssisted Treatment for opioid addiction (also known as “MAT”). MAT
includes a medication (e.g., methadone, buprenorphine, oral naltrexone)
approved by the U.S. Food and Drug Administration (FDA) for opioid
addiction detoxification or maintenance treatment.
Individuals in MAT often face discrimination despite laws that plainly prohibit
it. This discrimination is largely due to lack of knowledge about MAT’s value,
effectiveness and safety, and a lack of knowledge about the anti-discrimination
laws that protect people in MAT. Discrimination is also common because
people in MAT frequently do not have the tools necessary to educate
employers, landlords, courts, and others about MAT and relevant legal
protections.
What is the purpose of this brochure? This brochure aims to reduce discrimination
by giving people in MAT (and their advocates) basic information necessary to
exercise their rights or, at a minimum, know where to turn for help. It also
seeks to reduce discrimination by educating those who might discriminate
(e.g., employers, housing providers, and government agencies) about such
laws, as well as about MAT itself.
1Who should read this brochure? People who are in MAT and their families,
friends, and advocates who want to know their rights under Federal antidiscrimination laws. It is also for employers, landlords, health care providers,
government agencies, and others who are required to comply with antidiscrimination laws that protect people with disabilities.
What topics does this brochure cover?
• GENERAL INFORMATION ABOUT MAT
− WHAT IS MAT?
− HOW DO METHADONE AND BUPRENORPHINE WORK?
− DO METHADONE AND BUPRENORPHINE IMPAIR PHYSICAL OR
MENTAL FUNCTIONING?
• FEDERAL NON-DISCRIMINATION LAWS THAT PROTECT
PEOPLE IN MAT
− WHO IS AND IS NOT PROTECTED BY THESE LAWS
− HOW THESE PROTECTIONS WORK IN –
o EMPLOYMENT
o HOUSING – INCLUDING RESIDENCES FOR PEOPLE IN
RECOVERY
o GOVERNMENT ACTIVITIES, BENEFITS AND SERVICES –
INCLUDING THE CHILD WELFARE SYSTEM, PROBATION AND
PAROLE, ZONING, AND THE ISSUANCE OF DRIVERS
LICENSES
o PRIVATE EDUCATIONAL, HEALTH CARE AND OTHER
FACILITIES (ALSO CALLED “PUBLIC ACCOMMODATIONS”)
• HOW PEOPLE IN MAT CAN PROTECT THEIR RIGHTS
UNDER THESE FEDERAL LAWS.
This brochure complements the publication, Are You in Recovery from Alcohol or
Drug Problems? Know Your Rights available on the Partners for Recovery Web
site, http://www.pfr.samhsa.gov. The Know Your Rights brochure focuses broadly on
laws that protect people in recovery from alcohol or drug addiction. This
publication discusses how these laws specifically protect people in MAT.
2GENERAL INFORMATION ABOUT MEDICATIONASSISTED TREATMENT (MAT)
What is Medication-Assisted Treatment?
Medication-Assisted Treatment (MAT) is treatment for opioid addiction that
uses medications such as methadone or buprenorphine to treat addiction to
short-acting opioids, such as heroin, morphine and codeine, as well as
synthetic opioids, including oxycodone, OxyContin®, and hydrocodone.
1
MAT operates to normalize brain chemistry, block the euphoric effects of
opioids, relieve physiological cravings, and normalize body functions without
the negative effects of the short-acting drugs of abuse. Patients who receive
treatment in an Opioid Treatment Program (OTP) are required by Federal
regulations to receive medical, counseling, vocational, educational, and other
assessment and treatment services, in addition to the medication for the opioid
addiction.
2
Methadone, when used in MAT, can only be dispensed (not prescribed) in an
OTP. Buprenorphine can also be dispensed in an OTP. OTPs are any treatment
program certified by the Substance Abuse and Mental Health Services
Administration (SAMHSA) in conformance with Title 42 of the Code of Federal
Regulations (C.F.R.), Part 8, to provide supervised assessment and medicationassisted treatment for patients who are opioid addicted. An OTP can exist in a
number of levels of care and settings, including, but not limited to, intensive
outpatient, residential, and hospital settings.
The Drug Addiction Treatment Act of 2000 permits physicians who meet
certain qualifications to provide office-based treatment for opioid addiction
using buprenorphine. Buprenorphine, like methadone, when taken in stable
doses as part of a medically supervised treatment plan, permits the patient to
1
Though the term “MAT” can also encompass treatment for drug and alcohol
addiction with other medications, this brochure focuses only on the use of
methadone and buprenorphine to treat opioid addiction. This is because
individuals receiving treatment with methadone – and more recently
buprenorphine – face significant stigma due to the stigmatizing nature of the
underlying opioid addiction. This brochure’s discussion of methadone refers
exclusively to methadone used to treat opioid addiction and not to methadone
used to treat pain.
2
The Federal regulation requiring these services can be found at Title 42 of the
Code of Federal Regulations (C.F.R) § 8.12(f).
3lead a normal and productive life without any of the narcotic effects of heroin
or other opioids of abuse. Buprenorphine is generally administered daily, but
sometimes can be administered on alternate days.
How Do Methadone and Buprenorphine Work?
Methadone and buprenorphine, when administered at the appropriate dose,
“occupy” the brain receptor sites affected by heroin and other opioids. As a result,
they suppress withdrawal symptoms, block the euphoric and sedating effects of
opioids, and relieve the craving for opioids that is a major factor in relapse.
3
Methadone and buprenorphine are long-acting opioids and pharmacologically
dissimilar from short-acting opioid such as heroin and oxycodone or hydrocodone.
With stable dosing and in the absence of other medications that may produce
euphoria or sedation, these medications do not cause euphoria or intoxication, thus
allowing a person to lead a normal life. The appropriate dose is determined by a
certified health care professional in conjunction with the patient and is calibrated to
the individual’s medical and physiological needs. Once individuals are stabilized on
the appropriate dose, they may be maintained on that dose for as long as medically
necessary, as is the case with other medications for chronic health conditions.
MAT does not “substitute one drug for another.” This is in contrast to the
extreme highs and lows that result from the waxing and waning in blood levels
of short-acting opioids. Instead, these medications relieve withdrawal
symptoms and physiological cravings and bring about a biochemical balance in
the body. They help people return to physical and psychological stability, and
live their lives just like anyone else.
People unfamiliar with the science of MAT sometimes question why an
individual is taking what is perceived as a high dose of methadone. Dosing,
however, is an individualized medical decision. Most patients require a dose of
60-120 milligrams per day and patients on higher doses are shown to stay in
treatment longer and use less heroin and other drugs than those on lower
doses.
4
Pre-conceived attitudes about dosing that are based on any rationale
other than scientific evidence detract from the potential value of MAT.
3
Methadone is administered as a liquid that a person drinks and buprenorphine is a
“sublingual” tablet that a person places under her tongue.
4
Centers for Disease Control and Prevention (February 2002), Methadone
Maintenance Treatment, IDU/HIV Prevention,
http://www.cdc.gov/idu/facts/Methadone.htm.
4Do Methadone and Buprenorphine Impair Physical or Mental
Functioning?
When provided at the appropriate dose to a person stabilized on methadone
or buprenorphine, these medications have no adverse effects on intelligence,
mental capability, physical functioning, or employability. Research studies
demonstrate that MAT patients are comparable to non-patients in reaction
time and their ability to learn, focus, and make complex judgments. MAT
patients do well in a wide array of work settings, including professional
positions, service occupations, and skilled, technical, and support jobs. MAT
patients are lawyers, engineers, secretaries, truck and taxi drivers, teachers,
computer programmers, and others.
For more information about MAT and driving, read New York State’s Office
of Alcoholism and Substance Abuse’s 1997 publication, “Driving Performance
of Methadone Maintenance Patients,” and Legal Action Center’s 2000
publication, “Methadone Maintenance Treatment: Memorandum on Driving
& Psychomotor Studies and Background Information about Methadone
Treatment.”
Additional information about opioid addiction and MAT is available from a
variety of resources, including:
• SAMHSA Health Information Network (SHIN) of the United States
Substance Abuse and Mental Health Services Administration
(SAMHSA): http://www.samhsa.gov/SHIN
• SAMHSA’s Center for Substance Abuse Treatment (CSAT):
http://www.csat.samhsa.gov
• CSAT’s Division of Pharmacologic Therapies (DPT):
http://www.dpt.samhsa.gov
• CSAT’s Buprenorphine Information Center:
http://www.buprenorphine.samhsa.gov
• National Alliance of Methadone Advocates (NAMA):
http://www.methadone.org
• National Alliance of Advocates for Buprenorphine Treatment
(NAABT): http://www.naabt.org
• American Association for the Treatment of Opioid Dependence, Inc.
(AATOD): http://www.aatod.org
5FEDERAL NON-DISCRIMINATION LAWS PROTECT
PEOPLE IN MAT
It is illegal to discriminate against people because they are in MAT.
Federal civil rights laws protect qualified “individuals with disabilities” from
discrimination in many areas of life. People in recovery from drug addiction –
including those in MAT – generally are protected from discrimination by the
following statues:
• Americans with Disabilities Act (ADA)
• Rehabilitation Act of 1973
• Fair Housing Act (FHA)
• Workforce Investment Act (WIA)
Many States and cities also have non-discrimination laws that protect
individuals with disabilities – including those in MAT. This brochure does not
discuss these laws, but information regarding them is typically available from
the State and city agencies enforcing them.
WHO IS PROTECTED?
The non-discrimination laws mentioned above protect individuals with a
“disability.” Most often, people in MAT are considered individuals with a
“disability.”
Why? Under these Federal laws, an individual with a “disability” is someone
who –
• Has a current “physical or mental impairment” that “substantially
limits” one or more of that person’s “major life activities,” such as
caring for one’s self, working, etc., or
• Has a record of such a substantially limiting impairment, or
• Is regarded as having such an impairment.
Addiction to opioids is an impairment that can and does, for many people,
substantially limit a major life activity. For this reason, many courts have
found that people in MAT have a record of an impairment. The same analysis
6applies to buprenorphine. Many people also regard people in MAT as having a
substantially limiting impairment.
Example: Elias has been in MAT for two years, following a decadelong addiction to heroin. He recently worked for six months in the
sales office of a newspaper, but was fired after telling his supervisor
that he was in MAT. The supervisor said that the newspaper did not
employ people in methadone programs because “we do not want
drug addicts working here.” Elias has not used heroin – or any drugs
illegally – since he began MAT two years ago.
Is Elias protected by Federal anti-discrimination laws?
Yes. Elias is an individual with a “disability” because it is clear that
the employer “regards” him as having a current disability – drug
addiction. He also has a “record” of a disability – addiction to
heroin.
WHO IS NOT PROTECTED?
People who currently engage in the illegal use of drugs are not protected under
these non-discrimination laws. For instance, if Elias – from the previous
example – was using cocaine while in MAT, if his cocaine use was the basis of
the employer’s decision to fire him, he would not be protected by these nondiscrimination laws.
But note that even though Federal anti-discrimination laws generally do not
protect individuals who are currently engaging in the illegal use of drugs, they
do protect such individuals from discrimination by health care providers. For
example, if Elias was using cocaine while in MAT, it would be illegal for a
health care provider to deny him surgery or dental care just because he was an
illegal drug user.
HOW DO THESE PROTECTIONS WORK?
Discrimination means treating someone less favorably than someone else
because he or she has a disability, once had a disability, or is regarded – even
erroneously – as having a disability. MAT treats a chronic disease – addiction
– using legally-prescribed medications. It is discrimination for employers,
landlords, government agencies, and health care and treatment providers to
7treat people less favorably because they are in MAT. It is also discrimination
to treat people in MAT differently than people who are prescribed medication
to treat other disabilities, such as people prescribed insulin for diabetes or
people with high cholesterol who are prescribed cholesterol-lowering
medication.
Treating someone less favorably for reasons other than the person’s disability,
however, is generally not illegal discrimination. For example, it is not illegal
discrimination to deny a person a job, services, or admission to a program
because that person –
• Does not meet essential eligibility requirements.
• Creates a direct threat to health or safety by his/her behavior. Simply
being in MAT does not pose any health or safety threat.
• Violates the rules of a workplace, housing facility, or other program
or commits a crime, including a drug-related crime, when that
misconduct would cause anyone to be disciplined, evicted, or
excluded.
EMPLOYMENT
General rule. Federal law protects people in MAT against job discrimination.
The ADA and the Rehabilitation Act prohibit most employers from firing,
refusing to hire, or discriminating in the terms and conditions of employment
against any qualified job applicant or employee on the basis of a disability.
Many courts have ruled that people in MAT have a disability and are therefore
protected from discrimination by these laws.
Employers are covered by Federal laws as follows:
• The ADA applies to all State and local governmental units, and to
private employers with 15 or more employees.
• The Rehabilitation Act applies to Federal employers and other public
and private employers who receive Federal grants, contracts, or aid.
In general, these covered employers –
• May not deny a job to or fire a person simply because he or she is in
MAT.
8• Must provide “reasonable accommodations” when needed to enable
those with a disability to perform their job duties, unless this would
cause the employer undue hardship.
A “reasonable accommodation” is any change in the work environment or in
the way things are customarily done that enables an individual with a disability
to enjoy equal employment opportunities. Examples include:
• Job restructuring
• Part-time or modified work schedules
• Permitting a leave of absence
• Reassignment to a vacant position
An employer is not required to grant an accommodation that causes “undue
hardship” to the employer, meaning significant difficulty or expense. The
employer may suggest an alternative accommodation to the one proposed by
the employee or job applicant.
Example: Kira works at a hospital from 2:00 p.m. to 10:00 p.m. and has been
receiving MAT for one year. The program requires Kira to pick up the dose
three times a week and is open only from 7:00 a.m. to 2:00 p.m.
Unfortunately, the hospital changed Kira’s shift so that she must work from
7:00 a.m. to 3:00 p.m.
Is she entitled to a “reasonable accommodation” of changing to her former shift?
Yes, unless it would cause the hospital an “undue hardship.” Allowing a
schedule change so that Kira could pick up the dose would be a reasonable
accommodation, and her employer should allow it.
For more information on reasonable accommodations, read Are You in Recovery
from Alcohol or Drug Problems? Know Your Rights.
Medical Inquiries and Examinations and Drug Tests. The ADA and
Rehabilitation Act strictly limit what employers may ask about an applicant’s or
employee’s medical conditions and history. These rules are described in detail
in the brochure, Are You in Recovery from Alcohol or Drug Problems? Know Your
Rights. This brochure will discuss drug tests, however, because they often are
the way employers learn about a job applicant’s or employee’s participation in
MAT.
9Under these Federal laws, a drug test is not considered a “medical
examination.” Drug tests, therefore, can be administered at any time if all
applicants or employees in a job category are required to be tested. Certain
drug tests will detect methadone and buprenorphine, and others will not. If
these medications are detected, employers may require the individual to
provide documentation that s/he is in MAT. Acceptable documentation could
include a letter from the individual’s physician confirming that the applicant
was prescribed the medications as a part of MAT. If an applicant or employee
does not provide such documentation or falsely denies participation in MAT,
however, it is legal for the employer to deny the position or fire the individual.
Medical Leave. The ADA and Rehabilitation Act, as well as the Family and
Medical Leave Act (FMLA), give employees the right to take medical leave –
including for alcohol or drug treatment – in certain circumstances. Please read
the brochure, Are You in Recovery from Alcohol or Drug Problems? Know Your
Rights, for a complete discussion of the provisions. However, it is worth
noting that it would be illegal discrimination for an employer to deny someone
such medical leave solely because the treatment sought during leave was for
MAT.
HOUSING
The Fair Housing Act (FHA) makes it illegal to discriminate in housing and
real estate transactions because of someone’s disability. People in MAT are
protected from housing discrimination under the FHA – just as are people
with other disabilities. For information on how these housing protections
apply to people in recovery generally, read the brochure, Are You in Recovery
from Alcohol or Drug Problems? Know Your Rights.
Housing discrimination related to MAT sometimes arises in the context of
residences for individuals in recovery. Individuals who live or want to live in
halfway houses, recovery homes, or other residences for individuals in
recovery are sometimes excluded because of their participation in MAT. This
is illegal even though this type of discrimination occurs with some frequency.
The FHA applies to residences such as recovery houses because they fall under
the FHA’s definition of “dwelling.” Individuals in MAT are protected by the
FHA. They also are protected by the ADA if the residence receives State or
local government funding, and by the Rehabilitation Act if the residence
10receives Federal financial assistance. Accordingly, these residences may neither
categorically exclude people in MAT nor insist that they abstain from MAT.
Some treatment and recovery residences for individuals in recovery have
policies that make it difficult for individuals in MAT to live there, for example,
policies prohibiting the storage of methadone or buprenorphine at the
residence. Such residences must grant a “reasonable accommodation” for
individuals in MAT, provided the requested accommodation does not require
major financial or administrative commitments that would be considered an
“undue burden.” Examples of reasonable accommodations include:
• Arranging for the individual to take medication at the OTP,
physician’s office, or another off-site location – when consistent with
the individual’s treatment plan.
• Storing an individual’s MAT medication in a lock box in the house
and having the individual be personally responsible for it.
• Arranging to have the housing facility keep MAT medications in a
locked cabinet.
Residences, of course, do not have to accept every individual who applies.
Applicants may be rejected if they refuse to follow non-discriminatory house
rules such as attending mandatory NA or AA meetings or violate rules
prohibiting drinking or illegal drug use.
Example: Julia is receiving MAT for an addiction to OxyContin and
has applied to live in a residence for people in early recovery. She is
denied admission because the residence has a policy of refusing to
admit people in MAT. The residence is operated by a non-profit
organization that runs many such residences.
Is that illegal discrimination?
Yes. Julia is an individual with a “disability” because she is in
recovery from an addiction to OxyContin and is in MAT. Excluding
her because of her participation in MAT is illegal discrimination,
assuming that Julia meets the residence’s other eligibility
requirements.
The anti-discrimination laws that apply to the residence include the
Fair Housing Act and, if the residence receives Federal funding, the
11Rehabilitation Act. If the residence were operated by a local or State
government, it would be governed by the ADA as well.
GOVERNMENT ACTIVITIES, BENEFITS, AND
SERVICES
The ADA and Rehabilitation Act protect a person in MAT from
discrimination by the government in its –
• Services – such as health or social services and education and
training programs
• Benefit programs – like welfare or child care assistance and other
forms of financial assistance, such as student loans
• Activities – like probation and parole, zoning, occupational licensing,
and driver’s licensing
If an individual is “qualified” – meaning the individual meets the eligibility
requirements of the program or activity involved – the individual may not be
denied the opportunity to participate in or be denied benefits from these and
other public services, benefit programs or governmental activities because of a
disability. Additionally, individuals in MAT may not be treated less favorably
than other individuals simply because they are participating in MAT.
_____________________________________________________________________________________
Child Welfare System May judges, prosecuting attorneys, and others in the child
welfare system require parents to end their participation in MAT in order to get their
children back or to keep their children?
No. Courts and other government agencies may not single out people in MAT
and require them to stop taking legally prescribed medications. Such a
requirement would be no different than telling an insulin-dependent, diabetic
parent that she may not have her children back unless she stops taking insulin
and addresses her diabetes through nutrition and exercise alone. Courts may,
however, require people in MAT to comply with treatment requirements.
_____________________________________________________________________________________
Probation and Parole. May a probation or parole officer or court require individuals to
end their participation in MAT as a condition of their compliance with parole or probation?
No. As in the child welfare system, probationers and parolees in MAT may
not be singled out for different treatment solely because of their participation
in MAT.
12Zoning May local governments pass ordinances that prohibit the siting of MAT
programs?
No. Local governments may not use zoning laws to discriminate against MAT
programs, even if there is strong neighborhood opposition to the siting of the
facility. Zoning laws that prohibit MAT programs or restrict their location
generally violate Federal law. Zoning practices that treat MAT programs
differently from other entities also violate Federal law.
Example: A methadone program wants to open a new facility in a
mixed use district. Methadone programs fall under the zoning code’s
definition of a “medical facility,” and that use is permitted in that
district. Community leaders are worried that the program will bring
more crime into the area. They convince local legislators to enact an
ordinance banning the siting of methadone programs in that district.
Is that illegal discrimination?
Yes. The ADA prohibits local governments from enacting laws that
single out methadone programs and treat them differently from other
medical facilities.
Driver’s Licenses. May a department of motor vehicles require an individual charged
with DUI to end his participation in MAT in order to get his license reinstated?
No. Requiring an individual to end his participation in MAT – and perhaps to
attend a drug treatment program that does not use medication – violates
Federal anti-discrimination laws. Note, however, that Federal regulations
pertaining to the issuance of commercial drivers licenses do disqualify
individuals in MAT. Though these rules might appear to conflict with Federal
anti-discrimination laws, they are enforceable because of the rules concerning
conflicting Federal laws.
Despite the protections outlined above, some government entities do
discriminate. For information about what to do when faced with such
discrimination in the child welfare and criminal justice systems, read the
brochure, Educating Courts and Other Government Agencies About Methadone, written
by the Legal Action Center and available on the Legal Action Center’s Web
site, http://lac.org/index.php/lac/130.
13Commercial Drivers Licenses. Regulations implemented by the Federal Highway
Administration of the United States Department of Transportation (DOT)
disqualify individuals from receiving an interstate commercial driver’s license if
they are taking methadone. Consequently, it is not illegal discrimination for DOT
to deny an interstate commercial driver’s license to someone because of their
participation in MAT. The regulations do not address buprenorphine.
Commercial driver’s licenses for intrastate (within one State) driving are
determined by State laws, which may vary.
PRIVATE EDUCATIONAL, HEALTH CARE, AND
OTHER FACILITIES
Many private educational institutions, service providers, and other facilities
must comply with Federal laws protecting people with disabilities from
discrimination – including people in MAT. The ADA’s anti-discrimination
requirements apply to “public accommodations,” which is defined as private
facilities that provide goods or services to the public. They include:
• Schools and universities
• Hospitals, clinics, and health care providers
• Social service agencies, including homeless shelters, day care centers,
and senior centers
Private service providers that receive Federal grants, contracts, or aid must
comply with the same non-discrimination requirements under the
Rehabilitation Act.
Public accommodations (and other private entities covered by the
Rehabilitation Act) must not discriminate in offering or providing their goods
or services against individuals on the basis of their past, current or perceived
disability. This means they must ensure individuals enjoy equal opportunity to
participate and benefit from the facility’s goods and services, and receive
goods or services in the most integrated setting possible.
Example: Susan went to her friend’s primary care doctor because she
had a terrible headache. On the medical history questionnaire, she
wrote that she is in MAT using methadone. The doctor refused to
examine Susan because “we do not treat people on methadone” and
said that she should go to the local health department instead.
14Was that illegal discrimination?
Yes. Health care providers are “public accommodations” under the
ADA and may not refuse to provide health services to individuals
solely because they participate in MAT.
HOW PEOPLE IN MAT CAN PROTECT THEIR
RIGHTS
Can people do anything to protect their rights under these Federal non-discrimination laws?
Yes. People who face discrimination because they are in MAT can challenge
the violation of their rights in one or both of the following ways:
• File a complaint with one of the Federal agencies authorized to
investigate and remedy violations of the disability discrimination laws.
People do not need a lawyer to do this, and it can be faster and easier
than a lawsuit and result in the same remedies. But note: the filing
deadline is typically 180 days after the discriminatory act. Contact
information for the relevant agencies is as follows:
o Employment cases: Equal Employment Opportunity
Commission (EEOC). File a complaint with the nearest field
office, which can be located at http://www.eeoc.gov. Or call
(800) 669-4000 (voice) or (800) 669-6820 (TTY).
o Public Accommodations: United States Department of Justice
(DOJ), (800) 514-0301, http://www.ada.gov.
o Housing: United States Department of Housing and Urban
Development (HUD), (800) 877-0246, http://www.hud.gov.
• In most (but not all) cases, people may also file a lawsuit in Federal or
State court, in addition to or instead of filing an administrative
complaint. Deadlines vary from one to three years.
• Contact the State agency that oversees alcohol and drug treatment
programs. They may know of local resources and be able to provide
information to educate employers, government agencies, and others
who are discriminating. The Directory of the Single State Agencies
15for Substance Abuse Services is accessible through the SAMHSA
Web site, http://www.samhsa.gov/Grants/ssadirectory.pdf.
• Contact the State and/or local agency that enforces State and/or
local anti-discrimination laws. Every State has an agency charged
with enforcing State anti-discrimination laws. Some cities have them
as well. You might be able to locate the agency in your State or city
by asking your local or regional EEOC office (see contact
information above), or your State’s Attorney General’s office. You
can also try an Internet search typing the name of your state or city
and the words “human rights agency.”
What benefit can someone get from filing a complaint or lawsuit? Those
found liable for discrimination may be directed to stop discriminating, enact
new policies, and/or pay money to the individual who suffered discrimination
to compensate for out-of-pocket losses and other harm.
CONCLUSION AND ADDITIONAL RESOURCES
It is illegal to discriminate against people because they are in MAT. Federal
laws prohibit such discrimination in employment, housing, public
accommodations, and government services. A lack of understanding about
MAT – methadone in particular – is often the root cause of such
discrimination. This brochure as well as the resources it references should
help address concerns by employers and others who might otherwise
discriminate.
In the event that discrimination cannot be prevented through education, legal
means are available through complaints with government agencies and lawsuits
in court.
For a copy of the ADA, visit the Department of Justice’s website at
http://www.ada.gov/pubs/ada.htm. For other resources on the information
covered in this brochure, visit SAMHSA’s websites:
http://www.dpt.samhsa.gov and http://buprenorphine.samhsa.gov.
Resources also are available from private, non-profit organizations including
the American Association for the Treatment of Opioid Dependence
(AATOD), http://www.aatod.org; Legal Action Center, http://www.lac.org,
National Alliance of Advocates for Buprenorphine Treatment (NAABT),
http://www.naabt.org; National Alliance of Methadone Advocates (NAMA),
16http://www.methadone.org; and Patient Support & Community Education
Project (PSCEP), http://www.methadone.net/patient_support_project.htm.
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