Two nursing home chains have resolved allegations that they violated the Americans with Disabilities Act by denying admission to prospective residents with Substance Use Disorder, the US Attorney’s Office in Washington announced Thursday.
One of the two chains also agreed to resolve a second complaint that accused the company of failing to provide a sign-language interpreter for a deaf patient.
Both organizations now must change their policies and training to improve compliance with the 1990 law ensuring access to care for patients with disabilities, Acting US Attorney Tessa M. Gorman said in a press release.
The settlement were reached individually with Avalon Health Care Management, which oversees 14 skilled nursing facilities in six states. Three of those are in Western Washington, where officials said the Avalon Care Center Federal Way, Benson Heights Rehabilitation Center, and Grays Harbor Health and Rehabilitation “engaged in discrimination by denying admission to individuals with a Substance Use Disorder.”
In some cases, patients were denied admission because they were prescribed approved medication for Opioid Use Disorder, the US Attorney’s Office said. Providers across the US have grappled with whether their staff has the training and resources to treat patients on such medication; the Centers for Medicare & Medicaid Services and many state officials have insisted that nursing homes must do so.
Last month, 38 nursing homes in Pennsylvania agreed to stop denying admission to patients being treated for opioid use in a settlement with that state’s attorney general.
As part of its settlement, Avalon will submit a non-discrimination policy to the US Attorney’s office for review. After approval, it must be posted at Avalon facilities and the company will train its employees and contractors on the policy and the medications commonly used to treat SUD.
The second settlement over SUD treatment is with Arcadia Medical Resorts, which operates four facilities in Washington and specializes in short-term and speciality rehab.
Arcadia also agreed to update its policies and not discriminate against persons who have been prescribed medication for opioid use disorder. The chain will undertake new training and keep logs of training and patient admissions. Any new ADA complaints must be forwarded to the US Attorney’s Office.
Both Avalon and Arcadia agreed to a $12,000 penalty, but the government will waive $10,000 of that if each operator can demonstrate compliance.
A message left for a media representative at Avalon’s corporate office was not returned Thursday afternoon. An administrator at an Arcadia location included in the settlement said she would forward a request to comment to the company’s CEO, but no comment was received by deadline.
Also in Thursday’s announcement, the US Attorney’s Office said Avalon Health Care-Federal Way had agreed to pay a patient who is deaf $20,500 in a separate ADA case. While authorities said Avalon failed to provide a patient recovering from back surgery with a qualified sign-language interpreter in 2021, the company disputed “many of the government findings.”
A press release said Avalon settled “to avoid the cost and uncertainty of litigation.” The company will use new training, policies and procedures in place to ensure staff do not violate the ADA and provide appropriate communication devices as needed.
