PHILADELPHIA, PA — The Department of Justice (DOJ) hosted a virtual training this week to educate Pennsylvania’s correctional facilities on their obligations under the Americans with Disabilities Act (ADA) to provide medications for opioid use disorder (OUD). The training aimed to ensure that state and local prisons comply with federal laws by offering treatment options like methadone, buprenorphine, and naltrexone to inmates.
Over 100 participants, including wardens, security professionals, and medical staff, attended the July 23, 2024, training. The event sought to address questions and clarify the responsibilities of correctional facilities under the ADA when it comes to treating OUD.
This training follows several federal enforcement actions. In November 2023, the U.S. Attorney’s Office for the Western District of Pennsylvania resolved an ADA matter with Allegheny County Jail for failing to provide inmates with medication for OUD. In December 2023, the Eastern District of Pennsylvania filed a Statement of Interest in a matter against a Delaware County correctional facility to clarify the obligations of state and local jails under the ADA. Additionally, in January 2024, the DOJ partnered with Pennsylvania’s judicial system to settle allegations that courts were preventing individuals under supervision from taking prescribed OUD medications.
During the webinar, U.S. Attorneys Jacqueline Romero, Gerard Karam, and Eric Olshan emphasized that individuals being treated for OUD are generally considered disabled under the ADA. This means correctional facilities must offer medically appropriate treatment and cannot discontinue an individual’s medication unless a licensed healthcare provider determines it is unnecessary.
“PACE programs allow seniors and people with disabilities to receive all of their essential care while remaining in their communities,” said Chairman Casey. “While the PACE program provides high-quality, comprehensive care, limited opportunities to enroll have made the program unnecessarily difficult to access. My new bill will make it much easier to enroll in the PACE program and give seniors and people with disabilities the flexibility to receive the care they need.”
Ranking Member Braun echoed this sentiment. “Older Americans should be able to receive the care they need in their communities without cumbersome barriers,” he said. “The PACE Anytime Act would increase flexibility for low-income seniors and people with disabilities to enroll in the PACE Program.”
The training also featured insights from Dr. Paul Joudrey of the University of Pittsburgh Medical Center, who discussed the importance of medications in treating OUD. Additionally, Heidi Carroll from the Drug Enforcement Administration and Dr. Patti Juliana from the Substance Abuse and Mental Health Services Administration addressed recent regulatory changes to improve access to methadone in correctional settings.
“Our offices are dedicated to fighting the opioid epidemic with every tool that we have,” said U.S. Attorney Romero. “That includes enforcing the ADA to remove discriminatory barriers to treatment for OUD. This training reminds jails and prisons about their obligations to address the needs of individuals with OUD and comply with the ADA, and provided them with additional tools to use to ensure their facilities comply with the law.”
The DOJ’s initiative aims to not only prosecute those involved in drug trafficking but also ensure that individuals with OUD receive necessary medical treatment while in custody.
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