Justice Department issues guidance on protections for people with opioid use disorder under the Americans with Disabilities Act

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Behavioral Health e-Memo

#22-02

05/04/2022

Justice Department issues guidance on protections for people with opioid use disorder under the Americans with Disabilities Act


On April 5, 2022, the U.S. Department of Justice Civil Rights Division published guidance “intended to help people with OUD who are in treatment or recovery understand their rights under federal law and to provide guidance to entities covered by the ADA about how to comply with the law.”

Specifically, the DOJ document titled ”The Americans with Disabilities Act and the Opioid Crisis: Combating Discrimination Against People in Treatment or Recovery,” outlines cases of discrimination against individuals with an opioid use disorder (OUD) receiving medication assisted therapy (MAT). The publication explains that, as long as they are not currently involved in the use of illegal drugs, an individual in recovery or treatment from OUD has a disability under the ADA. The document also provides information on how to file a complaint for those who have been the victim of disability discrimination.

The DOJ press release and guidance publication can both be found on the Department of Justice website.

Complaints about a state or local government’s programs, services or activities relating to the provision of health care and social services can also be filed with the federal Department of Health and Human Services Office for Civil Rights (HHS OCR). Information about filing an HHS OCR complaint is available at hhs.gov/civil-rights/filing-a-complaint, by email at OCRMail@hhs.gov, by phone at 1-800-368-1019 or at 1-800-537-7697 (TTY).


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