MA Skilled Nursing Operator Settles In Disability Discrimination Case

WOBURN, MA - A Woburn-based skilled nursing operator will pay a civil penalty and adopt a non-discrimination policy as part of a settlement following allegations that it illegally turned away patients battling opioid addictions, the U.S. Attorney’s Office for Massachusetts said last week.

Next Step Healthcare, LLC, which runs 21 facilities across the state, will also provide training on disability discrimination and substance use disorder to its admissions personnel under its settlement. The company has locations in Worcester, the Boston area and across the South Shore and Bristol County.

“We appreciate Next Step’s cooperation in modifying its policies and practices to come into compliance with the ADA, and we strongly encourage other skilled nursing facilities to proactively do the same,” U.S. Attorney Rachael Rollins said in a statement.

Next Step advertises short term and long term nursing and rehab care across its facilities.

It drew federal scrutiny when the Department of Justice said it denied admission to 548 prospective patients who were already receiving prescribed medications for opioid use disorder. Though receiving that addiction treatment, patients were all seeking Next Step services for unrelated medical issues, according to the U.S. Attorney’s Office.

These rejections, the U.S. Attorney’s Office said, came despite Americans with Disabilities Act (ADA) anti-discrimination protections which classify opioid use disorder as a disability.

“Nobody would ever choose to have a substance use disorder,” Rollins said last week. “The destruction this disease inflicts on its victims is unconscionable. When people finally find the strength and courage to be open to entering recovery, they should be met with support and understanding, not discrimination and barriers to healthcare.”

Though assessed a $92,383 penalty, Next Step will only pay $10,000 upfront, according to the U.S. Attorney’s Office. The remaining $82,393 will be forgiven if Next Step complies with its agreement.

The U.S. Attorney’s Office noted last week that this was the 16th settlement agreement reached as part of a larger push to enforce ADA compliance with opioid use disorder protections.

“The District of Massachusetts is leading the country in this type of important work and will continue to uphold the ADA and support people with substance use disorders,” the office said in its statement.

Patch has reached out to Next Step for comment on this settlement.