Contents
- ADA Live! Archives
- Disability Rights Enforcement Agencies
- Opioid Crisis Resources from the U.S. Department of Health and Human Services (HHS)
- Other Opioid Crisis Resources and Guidance
- Publications from ADA National Network
- Substance Use, Employment Rights and the ADA (Title I)
- Court Cases Mentioned in Episode 67 of ADA Live!
- Other Court Cases on Opioid Use
- Information Related to Mental and Behavioral Health, including Opioid Overdose
- Articles and Research on Substance Use and Addiction
ADA Live! Archives
Audio: SoundCloud ADA Live! Episode 68: Opioid Addiction and the ADA with the Department of Justice
Web: soundcloud.com/adalive/episode-68-opioid-addiction-and-the-ada-with-the-department-of-justice
ADA Live! Episode 68: Opioid Addiction and the ADA with the Department of Justice
Web: www.adalive.org/episode68
Audio: SoundCloud ADA Live! Episode 67: Opioid Addiction and the ADA
Web: soundcloud.com/adalive/episode-67-opioid-addiction-and-the-ada
ADA Live! Episode 67: Opioid Addiction and the ADA
Web: www.adalive.org/episode67
Fellowship Hall Drug & Alcohol Recovery Center
5140 Dunstan Road
Greensboro, NC 27405
Main: 336-621-3381
Toll Free: 800-659-3381
Fax: 336-621-7513
Website: www.fellowshiphall.com
Disability Rights Enforcement Agencies
- U.S. Department of Justice (DOJ) – Civil Rights Division
ADA Information and Technical Assistance
950 Pennsylvania Avenue, NW
Civil Rights Division-Disability Rights Section – NYAVE
Washington, DC 20530
1-800-514-0301 (voice)
1-800-514-0383 (tty)
Fax: 202-307-1198
Web: www.justice.gov/crt/disability-rights-section
How to File an ADA Complaint
Web: www.ada.gov/filing_complaint.htm - Housing and Urban Development (HUD) – Fair Housing – Atlanta Regional Office
Five Points Marietta Plaza
40 Marietta Street, 16th floor
Atlanta, GA 30303-2806
800-440-8091 (toll free)
404-331-5136 (voice)
404-730-2654 (tty)
Web: www.hud.gov
How to File a Fair Housing Complaint
Web: www.hud.gov/program_offices/fair_housing_equal_opp/online-complaint - Equal Employment Opportunity Commission (EEOC)
1-800-669-4000 (voice)
1-800-669-6820 (tty)
Web: eeoc.gov
How to File a Charge of Employment Discrimination
Web: www.eeoc.gov/employees/charge.cfm
Opioid Crisis Resources from the U.S. Department of Health and Human Services (HHS)
- Help, Resources and Information National Opioids Crisis
Web: hhs.gov/opioids - 5-Point Strategy to Combat the Opioid Crisis
Web: www.hhs.gov/opioids/about-the-epidemic/hhs-response/index.html - Opioid News Updates
Web: hhs.gov/about/news/opioid-news/index.html - Pain Management Best Practices Inter-Agency Task Force
This task force was established to propose updates to best practices and issue recommendations that address gaps or inconsistencies for managing chronic and acute pain. The U.S. Department of Health and Human Services is overseeing this effort with the U.S. Department of Veterans Affairs and U.S. Department of Defense.
Web: hhs.gov/ash/advisory-committees/pain/index.html - Press Release: Pain Management Task Force Calls for Patient-Centered Approach to Improve Treatment of Pain
Web: hhs.gov/about/news/2018/12/28/pain-management-task-force-calls-patient-centered-approach-improve-treatment-pain.html - Start Your Recovery
Support for overcoming substance misuse.
Link: startyourrecovery.org
Other Opioid Crisis Resources and Guidance
- INROADS – Intersecting Research on Opioid Misuse, Addiction, and Disability Services Project
A joint research program between Brandeis University’s Institute for Behavioral Health and Lurie Institute for Disability Policy thataims to understand how and why people with disabilities misuse opioids, help them access treatment, recover from opioid use disorder, and move toward their individually defined life goals.
Source: The Institute for Behavioral Health (IBH)
Web: heller.brandeis.edu/ibh/research/inroads/index.html - Opioid Use Disorder and People with Disabilities – Fact Sheet – Medication Treatment (PDF)
Medication treatment for opioid use disorders works, is safe, and has minimal side effects, for people with and without disabilities.
Source: The Institute for Behavioral Health (IBH)
Web: heller.brandeis.edu/ibh/pdfs/inroads-mt-pwd-4-1-2019-final.pdf - Peer Support for People with Substance Use Disorder (PDF)
Many key ingredients of peer support in the disability world are the same as those in peer support for substance use, suggesting that individuals with both disabilities and opioid use disorder would benefit.
Source: The Institute for Behavioral Health (IBH)
Link: heller.brandeis.edu/ibh/pdfs/inroads-peersupport-oud-4-1-2019-final.pdf - The Intersection between Traumatic Brain Injury (TBI) and Opioid Use: Recommendations for Substance Use Treatment Providers (PDF)
History of traumatic brain injury is common among clients being treated for opioid use disorder, and standard treatment approaches can be challenging. Adaptations for people with TBI increase the likelihood of successful recovery from opioid use disorder.
Source: The Institute for Behavioral Health (IBH)
Web: heller.brandeis.edu/ibh/pdfs/inroads-tbi-oud-provider-4-1-2019-final.pdf - Centers for Disease Control (CDC) Opioid Portal
National resources and information from the CDC in response to the opioid overdose epidemic.
Source: Centers for Disease Control
Web: www.cdc.gov/opioids/index.html - CDC Opioid Overdose Help and Resources
Source: Centers for Disease Control
Web: www.cdc.gov/drugoverdose/prevention/help.html - Rural Response to the Opioid Crisis
This guide will help you learn about activities underway to address the opioid crisis in rural communities at the national, state, and local levels across the country.
Source: Rural Health Information Hub
Web: www.ruralhealthinfo.org/topics/opioids - Substance Abuse and Mental Health Services Administration (SAMHSA)
A division of the U.S. Department of Health and Human Services, SAMHSA’s mission is to reduce the impact of substance abuse and mental illness on America’s communities. Resources are available in English and Spanish.
Web: https://www.samhsa.gov/
Contact information:
5600 Fishers Lane
Rockville, MD 20857
Phone: 1-877-SAMHSA-7 (1-877-726-4727) - Principles of Community-Based Behavioral Health Services for Justice Involved Individuals: A Research-Based Guide (2019)
This guide provides information and practices that behavioral health providers can implement in their daily practice with patients or clients who are involved in the criminal justice system.
Source: Substance Abuse and Mental Health Services Administration (SAMHSA)
Web: store.samhsa.gov/product/Principles-of-Community-based-Behavioral-Health-Services-for-Justice-involved-Individuals-A-Research-based-Guide/sma19-5097 - Evidence-Based Practices Resource Center,
This website is an online database and resource collection that helps advocates, clinicians, policy-makers, and others in the field with the information and tools they need to incorporate evidence-based practices in mental health and substance use disorders into their communities or clinical settings
Source: Substance Abuse and Mental Health Services Administration (SAMHSA)
Web: www.samhsa.gov/ebp-resource-center - Linking Older Adults with Medication, Alcohol, and Mental Health Resources
This toolkit helps service providers for the aging learn more about mental illness and substance use disorders in older adults, including focus on alcohol and medication use. It provides tools such as a program coordinator’s guide, suggested curricula, and handouts. (PDF download, 115 pages; 2017)
Source: Substance Abuse and Mental Health Services Administration (SAMHSA)
Web: store.samhsa.gov/product/Linking-Older-Adults-With-Medication-Alcohol-and-Mental-Health-Resources/sma03-3824 - Medication-Assisted Treatment (MAT) in the Criminal Justice System: Brief Guidance to the States
This brief provides guidance to state governments on increasing the availability of evidence-based medication-assisted treatment (MAT) in criminal justice (CJ) settings. By including the criminal justice system as a path to treatment, states may see an increase in access to and retention in treatment, and lower rates of overdoses, re-offending, and re-incarcerations. In this brief, states are provided an overview of the issue, the challenges to incorporating MAT, key considerations for establishing MAT in CJ settings, and existing standards/guidelines.
Download Publication: MAT in the Criminal Justice System | pdf PDF 8 pages (2019) –
Source: Substance Abuse and Mental Health Services Administration (SAMHSA)
Web: store.samhsa.gov/file/24609/download?token=vNx_c9mr - National Drug and Alcohol Facts Week
This observance (January 22 – 27) is designed to link teens to facts about drugs and alcohol. Take the Drug and Alcohol IQ Challenge (available in English or Spanish) and check out the Drugs and Alcohol Chat Day on January 24 for an opportunity to get answers from scientists about drugs and drug misuse, including drug effects, how to help friends or family who are abusing drugs, and what causes addiction.
Source: NIH National Institute on Drug Abuse
Web: teens.drugabuse.gov/national-drug-alcohol-facts-week - Webinar Series: Pain Medication Education and Resources [Video]
Each hour of this three-part webinar series discusses a specific question related to pain medication for those living with spinal cord injuries or another form of physical disability. The first webinar is an introduction to pain medications, understanding types of pain caused by living with paralysis, and the corresponding medications. Future sessions cover opioids, opioid addiction, and opioid tapering options. All webinar sessions are archived on the Reeve Foundation’s YouTube channel for viewing. Note: The audio for each video plays at a low volume, so you may want to turn on the captioning with the CC button.
Source: Christopher & Dana Reeve Foundation Paralysis Resource Center (PRC)
Web: www.christopherreeve.org
YouTube Channel: https://www.youtube.com/channel/UCye9WYwFtdsbRc5FTiyoyDw- Part 1 – What Is My Pain Medication?
Web: youtu.be/dLbl0VwRn5k - Part 2 – Understanding Opioids and Opioid Addiction
Web: youtu.be/JIE83voZeRc - Part 3 – What Are Options for Tapering Opioids?
Web: youtu.be/3SYUOwLYN5s
- Part 1 – What Is My Pain Medication?
Publications from ADA National Network
- Legal Brief: Drugs, Alcohol and the ADA (2018)
This legal brief will examine the unique way drug and alcohol use is treated under the ADA, discussing related EEOC regulations and court interpretations. (PDF 22 pages)
Source: Great Lakes ADA Center
Web: www.adagreatlakes.org/Publications/Legal_Briefs/BriefNo33_Drugs_Alcohol_and_the_ADA.pdf - The ADA, Addiction and Recovery(PDF)
The ADA ensures that people with disabilities have the same rights and opportunities as everyone else. This includes people with addiction to alcohol and people in recovery from opioid and substance use disorders.This publication examines the unique way drug and alcohol use is treated under the ADA.
Source:National ADA Center
Web: adata.org/factsheet/ada-addiction-and-recovery - Factsheet: The ADA, Addiction, Recovery, and Employment
Available in regular print, large print and Spanish.
Source: ADA National Network
Link: https://adata.org/factsheet/ada-addiction-recovery-and-employment - Is testing for the illegal use of drugs permissible under the ADA?
Source: ADA National Network Frequently Asked Questions (FAQ)
Web: adata.org/faq/testing-illegal-use-drugs-permissible-under-ada - Are applicants or employees who are currently illegally using drugs protected by the ADA?
Source: ADA National Network Frequently Asked Questions (FAQ)
Web: adata.org/faq/are-applicants-or-employees-who-are-currently-illegally-using-drugs-covered-ada - Are alcoholics protected by the ADA?
Source: ADA National Network Frequently Asked Questions (FAQ)
Web: adata.org/faq-search?keys=alcohol&tid=All&tid_1=All
Substance Use, Employment Rights and the ADA (Title I)
- ADA Fact Sheet: The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Web: www.eeoc.gov/facts/performance-conduct.html - Press Release: EEOC Sues Exxon for Disability Act Violation (June 1995)
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Web: www.eeoc.gov/eeoc/newsroom/release/archive/6-28-95.html - Press Release: Old Dominion Freight Line Sued by EEOC for Disability Discrimination
Trucking Company Should Have Complied with ADA while Assuring Safety, Not Permanently Sideline Driver Who Self-Reported Alcohol Abuse (August 2011)
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Web: www.eeoc.gov/eeoc/newsroom/release/8-16-11d.cfm
Old Dominion Settlement Information: Jury in EEOC Suit Says Old Dominion Freight Line Must Pay Former Driver $119,612 for Disability Bias (January 2015)
Web: www.eeoc.gov/eeoc/newsroom/release/1-16-15.cfm - Questions and Answers: The Americans with Disabilities Act and Hiring Police Officers
See questions 6 through 12 for information on alcohol and drug abuse issues in the hiring process for police officers. (March 1997)
Source: U.S. Department of Justice (DOJ)
Web: www.ada.gov/copsq7a.htm - Webinar: Know Your Rights: Employment Discrimination Against People with Alcohol/Drug Histories
This webinar is part of a 2009 series, Know Your Rights.
Source: Legal Action Center
Web: lac.org/resources/substance-use-resources/employment-education-housing-resources/webinar-know-rights-employment-discrimination-people-alcoholdrug-histories/
Other information on how substance use affects employment, housing rights, criminal justice, and more is available at Substance Use: Employment, Education and Housing Resources [lac.org/resources/substance-use-resources/employment-education-housing-resources] - Employment Rights of People Living with HIV/AIDS, Viral Hepatitis, and/or Substance Use Disorders
This 2018 webinar explains the employment rights of people with HIV, viral hepatitis, and/or substance use disorders, and touches on issues related to health and life insurance. The training focuses on the ADA and New York state laws.
Source: Legal Action Center
Web: lac.org/resources/hivaids-resources/employment-housing-resources/employment-rights-people-hivaids-viral-hepatitis-andor-substance-use-disorders/ - Last Chance Agreements for Employees with Drug and Alcohol Addictions
Although employers are not required to offer last chance agreements under the ADA, these agreements are often used for employees with drug or alcohol addiction who have relapsed and their current use of drugs or alcohol has created the workplace problems.
Source: Job Accommodation Network (JAN)
Web: askjan.org/publications/consultants-corner/Last-Chance-Agreements-for-Employees-with-Drug-and-Alcohol-Addictions.cfm - Resources from the Job Accommodation Network about ADA, Employment Rights and Alcoholism
Source: Job Accommodation Network (JAN)
Web: askjan.org/disabilities/Alcoholism.cfm - Resources from the Job Accommodation Network about ADA, Employment Rights and Drug Addiction
Source: Job Accommodation Network (JAN)
Web: askjan.org/disabilities/Drug-Addiction.cfm - Understanding ADA and the Law for Treatment and Recovery Programs
Learn more about how federal nondiscrimination laws apply to opioid use disorder treatment and recovery services, including Medication Assisted Treatment (MAT):- Fact Sheet 1: Nondiscrimination and Opioid Use Disorder – PDF
Source: U.S. Department of Health and Human Services (HHS)
Web: www.hhs.gov/sites/default/files/fact-sheet-nondiscrimination-and-opioid-use.pdf?language=en - Fact Sheet 2: Drug Addiction and Federal Disability Rights Laws – PDF
Source: U.S. Department of Health and Human Services (HHS)
Web: https://www.hhs.gov/sites/default/files/drug-addiction-aand-federal-disability-rights-laws-fact-sheet.pdf?language=en
- Fact Sheet 1: Nondiscrimination and Opioid Use Disorder – PDF
- Appendix D—Alcohol and Drug Programs and the Americans with Disabilities Act (1998)
This guide was written for owners, administrators, and staff of private alcohol and drug treatment programs to help them understand the process of complying with the ADA and so that your program can become accessible to persons with disabilities. NOTE: This guide does not include revisions made to the ADA regulations after 1998, but it does contain other useful guidance and resources.
Sources: Pacific Research and Training Alliance’s Alcohol and Drug and Disability Technical Assistance Project | National Center for Biotechnology Information, U.S. National Library of Medicine
Web: www.ncbi.nlm.nih.gov/books/NBK64886/
Court Cases Mentioned in ADA Live!
- Press Release: Volvo Group North America to Pay $70,000 to Settle EEOC Disability Discrimination Suit
Employment (Title I) case – EEOC vs Volvo Group (January 2018)
Source: U.S. Equal Employment Opportunity Commission (EEOC)
Web: www.eeoc.gov/eeoc/newsroom/release/1-19-18a.cfm - Settlement Agreement between the United States of America and Charlwell Operating, LLC (May 10, 2018)
The complaint alleges that Charlwell House, which provides skilled nursing services, post-acute medical services, and rehabilitation programs, denied a bed to an individual with opioid use disorder (OUD) because of that individual’s use of Suboxone, which is a form of medication-assisted treatment (MAT) approved by the U.S. Food and Drug Administration for the use of treating OUD.
Source: U.S. Department of Justice (DOJ)
Web: www.ada.gov/charlwell_sa.html - Justice Department Reaches Agreement with Selma Medical Associates to Resolve Disability Discrimination Complaint (January 31, 2019)
The Justice Department reached a settlement agreement with Selma Medical Associates, Inc., a privately owned medical facility located in Winchester, Virginia that provides primary and specialty care. The settlement agreement resolves a complaint that Selma Medical refused to accept a prospective new patient for an appointment because he takes Suboxone, a medication to treat opioid use disorder (OUD). The Justice Department determined that Selma Medical regularly turned away prospective new patients who lawfully take controlled substances to treat their medical conditions. Under the agreement, Selma Medical will not deny services on the basis of disability, including OUD, or apply standards or criteria that screen out individuals with disabilities. The agreement also requires Selma Medical to adopt non-discrimination policies, train staff on its non-discrimination obligations, and report on compliance.
Source: U.S. Department of Justice (DOJ)
Web: www.ada.gov/selma_medical_sa.html - DOJ Considers Opioid Use Disorder an ADA Covered Disability and Pursues Claims Against a Provider for Refusing Medical Services to Opioid Users
Source: The National Law Review
Web: www.natlawreview.com/article/doj-considers-opioid-use-disorder-ada-covered-disability-and-pursues-claims-against
Other Court Cases on Opioid Use
- Court Orders Essex County to Provide Methadone to Inmate (November 27, 2018)
Source: Boston Globe
Web: www.bostonglobe.com/metro/2018/11/27/court-orders-essex-county-provide-methadone-inmate/iz5GxxfwgKPmi5CNWtNrnK/story.html - Settlement Agreement between the United States of America and the State of Louisiana (2018)
To review the formal complaint and other documents from this case, see “Louisiana Use of Nursing Facilities for People with Mental Health Disabilities” on the Justice Department’s Special Litigation Section webpage at https://www.justice.gov/crt/special-litigation-section-cases-and-matters0#disability
Source: U.S. Department of Justice (DOJ)
Web: www.ada.gov/olmstead/documents/louisiana_sa.html - Comprehensive Addiction and Recovery Act (CARA) – Summary
This 2016 law address the full continuum of care from primary prevention to recovery support, including significant changes to expand access to addiction treatment services and overdose reversal medications. It also includes criminal justice and law enforcement-related provisions.
Source: American Society of Addiction Medicine
Web: www.asam.org/advocacy/issues/opioids/summary-of-the-comprehensive-addiction-and-recovery-act
Information Related to Mental and Behavioral Health, including Opioid Overdose
The Office of Civil Rights (OCR), U.S. Department of Health and Human Services (HHS), is providing this guidance addressing Health Insurance Portability and Accountability Act (HIPAA) protections, the obligations of covered health care providers, and the circumstances in which covered providers can share information — as applied to this context. This page can be a one-stop resource for guidance and other materials on how HIPAA applies to mental health and substance use disorder information. It will be updated periodically with additional information.
- Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule – Summary
This is a summary of key elements of the Privacy Rule including who is covered, what information is protected, and how protected health information can be used and disclosed. Because it is an overview, it does not address every detail of each provision.
Source: U.S. Department of Health and Human Services (HHS)
Web: www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html - The Health and Human Services (HHS) Office for Civil Rights (OCR) Responds to the Nation’s Opioid Crisis – Civil Rights and the Opioid Crisis
OCR is launching a new campaign to inform consumers and health officials about civil rights protections regarding evidence-based opioid use disorder treatment and recovery services. Learn about their Public Education campaign with fact sheets, a video, guidance on meeting HIPAA requirements, and more.
Source: U.S. Department of Health and Human Services (HHS)
Web: www.hhs.gov/civil-rights/for-individuals/special-topics/opioids/index.html - Guidance on Responding to an Opioid Overdose – PDF
Source: U.S. Department of Health and Human Services (HHS)
Web: www.hhs.gov/sites/default/files/hipaa-opioid-crisis.pdf?language=en - HIPAA Information for Individuals
Source: U.S. Department of Health and Human Services (HHS)
Web: www.hhs.gov/hipaa/for-individuals/mental-health/index.html - HIPAA Information for Health Professionals
Source: U.S. Department of Health and Human Services (HHS)
Web: www.hhs.gov/hipaa/for-professionals/special-topics/mental-health/index.html - OCR Launches Public Education Campaign About Civil Rights Protections in Response to the National Opioid Crisis
The public education campaign complements the Office of Civil Rights’ 2017 guidance – How HIPAA Allows Doctors to Respond to the Opioid Crisis – PDF – informing doctors on how they can share information to help patients suffering from an opioid crisis.
Source: U.S. Department of Health and Human Services (HHS)
Web: www.hhs.gov/about/news/2018/10/25/ocr-launches-public-education-campaign-about-civil-rights-protections-in-response-to-the-national-opioid-crisis.html
HIPPA Guidance document [www.hhs.gov/sites/default/files/hipaa-opioid-crisis.pdf]
Articles and Research on Substance Use and Addiction
- Drugs, Trucking, the Law and Your Rights (2019)
What rights do drivers have if you’re prescribed opioids or are a recovering drug addict?
Source: American Trucker
Web: www.trucker.com/drivers/drugs-trucking-law-and-your-rights - Opioid Litigation Brings Company Secrets into the Public Eye (2019)
America’s big drugmakers and pharmacy chains are scrambling to respond to hundreds of lawsuits tied to the deadly opioid epidemic.
Source: National Public Radio (NPR)
Web: www.npr.org/sections/health-shots/2019/03/13/702665619/opioid-litigation-brings-company-secrets-into-the-public-eye - When an Employee Has a Substance Abuse Problem, Tread Carefully (2018)
Source: Industry Week
Web: www.industryweek.com/leadership/when-employee-has-substance-abuse-problem-tread-carefully - Navigating the FMLA, the ADA, and Substance Abuse Issues (2013)
Source: Employment Practices Solutions
Web: www.epspros.com/news-resources/whitepapers/2013-prior/navigating-fmla-ada-substance-abuse-issues.html - 2018 Trends Report Topic Spotlight: Opioid Use and Transportation
Source: The National Aging and Disability Transportation Center
Link:www.nadtc.org/resources-publications/2018-trends-report-topic-spotlight-volunteer-transportation-programs-2-2-2/ - The ADA and Workplace Drug Testing: What Are an Employer’s Rights? (2012)
Source: Lexology
Web: www.lexology.com/library/detail.aspx?g=2093f22e-d687-4062-9f33-829f77608cac - Protection for Employees with Drug & Alcohol Problems under the ADA
Source: Promises Treatment Centers
Web: www.promises.com/blog/protection-for-employees-with-drug-alcohol-problems-under-the-ada/ - Pain Treatment Initiative Aims to Reduce Opiates Addiction Among CP Patients (2019)
Contending that the effects of addiction outweigh pain management, the Cerebral Palsy Alliance Research Foundation (CPARF) has launched a medical research initiative to treat chronic pain without opiates.
Source: Cerebral Palsy News Today
Web: cerebralpalsynewstoday.com/2019/01/11/cparf-pain-treatment-initiative-reduce-opiates-addiction/