Philly Leader

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, the 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, the three offices partnered to host this educational program.

During the webinar, United States Attorneys Jacqueline Romero, Gerard Karam, and Eric Olshan emphasized that individuals with OUD or being treated with medication for OUD are generally considered disabled and protected by the ADA. Under these 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 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, correctional facilities must provide individual assessments and not categorically deny access to FDA-approved medications that offer life-saving treatment for addiction.

In addition to legal guidance, Dr. Paul Joudrey from University of Pittsburgh Medical Center discussed scientific aspects and importance of all three medications in treating OUD. Heidi Carroll from Drug Enforcement Administration's Philadelphia Division and Dr. Patti Juliana from SAMHSA addressed regulatory changes aimed at improving access to methadone in correctional facilities. Dr. Bruce Herdman from Philadelphia Department of Prisons and Anthony Cantillo from Maine Department of Corrections shared their experiences implementing programs for treating OUD in correctional settings.

“Our offices are dedicated to fighting the opioid epidemic with every tool that we have,” said U.S. Attorney Romero of Eastern District of Pennsylvania. “That includes enforcing ADA provisions removing discriminatory barriers against treatment.”

U.S. Attorney Karam added: “As we continue prosecuting those trafficking drugs like heroin and fentanyl, our mission requires ensuring individuals with OUD have continued access to medically prescribed treatment.”

“Each district has been hit hard by opioid epidemic,” noted U.S. Attorney Olshan from Western District of Pennsylvania.“We rigorously enforce ADA ensuring effective treatments are available.”

The training was coordinated by Assistant United States Attorneys Lauren DeBruicker (Eastern), Michael Butler (Middle), Adam Fischer (Western), civil rights coordinators respectively.

For more information about Justice Department’s work addressing discrimination against individuals with opioid use disorder visit www.ada.gov/topics/opioid-use-disorder or call toll-free ADA Information Line at 1-800-514-0301 (TTY 1-833-610-1264). Public can report possible civil rights violations at civilrights.justice.gov/report or contact local U.S.Attorney's Office:

Eastern District: call 215-861-8555 or email USAPAE.civilrights@usdoj.gov

Middle District: call 717-614-4911 or email usapam.civil.rights@usdoj.gov

Western District: call 412-894-7343 or email USAPAW.CivilRights@usdoj.gov