Philly Leader

SCRANTON, PHILADELPHIA, PITTSBURGH – As part of the Department of Justice’s response to the opioid crisis, the United States Attorneys for the Eastern, Middle, and Western Districts of Pennsylvania hosted a virtual training this week to educate Pennsylvania’s state and local correctional facilities on their obligations under the Americans with Disabilities Act (ADA) to provide inmates with access to medication to treat opioid use disorder (OUD). These medications include methadone, buprenorphine, and naltrexone.

The July 23, 2024 training was open to all prison and jail staff. Over 100 participants, including wardens, security professionals, and medical staff from across the Commonwealth attended.

The training follows recent federal enforcement actions involving the criminal justice system. In November 2023, the U.S. Attorney’s Office for the Western District of Pennsylvania resolved an ADA matter with the Allegheny County Jail for failure to provide inmates medication to treat OUD. In December 2023, the United States Attorney’s Office for the Eastern District of Pennsylvania filed a Statement of Interest in a matter against a Delaware County correctional facility to clarify state and local jails’ obligations under the ADA to provide inmates with access to medication to treat OUD. In January 2024, the United States Attorney’s Offices for the Eastern and Middle Districts of Pennsylvania, in partnership with the Civil Rights Division of the Department of Justice, settled a matter with the Uniform Judicial System of Pennsylvania (UJS) to resolve allegations that UJS courts violated the ADA by preventing individuals under court supervision from taking lawfully prescribed medication to treat OUD. The Department of Justice has also issued public guidance on the ADA’s protections for those with OUD.

Over the course of this enforcement work, U.S. Attorney’s Offices discovered that correctional facilities across the Commonwealth have questions about their obligations under the ADA when it comes to medications for OUD. To answer these questions and think through solutions, three offices partnered to host this educational program.

During the webinar, United States Attorneys Gerard Karam, Jacqueline Romero, and Eric Olshan — senior-most federal law enforcement officials in Pennsylvania — emphasized that individuals with OUD or being treated with medication for OUD are generally considered disabled and protected by the ADA. Under ADA protections, correctional facilities that provide healthcare services must offer treatment with medication for OUD to all individuals in custody for whom such treatment is medically appropriate. Facilities also may not change or discontinue an individual’s medication used to treat OUD except upon a licensed healthcare provider’s determination that treatment is no longer required based on current condition. Most importantly, ADA requires that correctional facilities provide individual assessments and not categorically deny access to FDA-approved OUD medications providing life-saving treatment.

In addition to legal guidance provided during training Dr. Paul Joudrey from University of Pittsburgh Medical Center discussed science behind importance of all three medications in treating OUD; Heidi Carroll Diversion Program Manager Drug Enforcement Administration Philadelphia Division; Dr Patti Juliana Director Division Pharmacologic Therapies Substance Abuse Mental Health Services Administration SAMHSA Center Substance Abuse Treatment addressed recent regulatory changes designed improve access methadone correctional facilities; Dr Bruce Herdman Chief Medical Operations Philadelphia Department Prisons Anthony Cantillo Deputy Commissioner Maine Department Corrections talked experiences implementing programs treating OUD practical lessons learned along way

“As we continue vigorously prosecute those traffic profit drugs like heroin fentanyl our mission fighting epidemic requires ensure individuals continued access medically prescribed treatment” said U.S Attorney Karam Middle District Pennsylvania “This training presented opportunity experts field addiction representatives federal agencies our own civil rights attorneys leaders correctional facilities across Commonwealth come together have questions answered think through solutions initiate local state federal partnership Our partnership forged notion medical treatment inmates dramatically reduce opioid overdose deaths”

“Our offices dedicated fighting opioid epidemic every tool we have” said U.S Attorney Romero Eastern District Pennsylvania “That includes enforcing ADA remove discriminatory barriers treatment This training reminds jails prisons about obligations address needs comply provided additional tools ensure comply law”

“Each districts hit hard opioid epidemic” said U.S Attorney Olshan Western District Pennsylvania “We rigorously enforce ensure effective available those As part work happy offer help learn more must do address needs comply”

Training coordinated Assistant United States Attorneys Michael Butler Lauren DeBruicker Adam Fischer civil rights coordinators respective

For more information about Justice Department's work address discrimination against individuals visit www ada gov topics For more information call toll-free Information Line at 1-800-514-0301 TTY 1-833-610-1264 visit Members public report possible civil rights violations at civilrights justice gov report contacting local U.S Attorney's Office In Eastern call 215-861-8555 email USAPAE civilrights usdoj gov In Middle call 717-614-4911 email usapam right usdoj gov In Western call 412-894-7343 email USAPAW CivilRights usdoj gov

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