Landmark NC Nursing Home Settlement Expands Rights for People with Substance Use Disorder

A recent settlement in North Carolina is making waves in the healthcare and legal communities, establishing a precedent that could expand nursing home access for people with substance use disorder (SUD). Two Triangle-area nursing homes—Sunnybrook Rehabilitation Center in Raleigh and Treyburn Rehabilitation Center in Durham—agreed to a Disability Rights NC lawsuit after denying admission to a man based on his current or past drug use.

This landmark settlement requires the nursing homes to adopt an anti-discrimination policy for people actively using drugs or receiving medication-assisted therapy, such as methadone or suboxone. Beyond policy changes, the agreement also mandates staff training, enforcement protocols, monitoring of admission denials, and a $55,000 payout.

The Case That Sparked Change

The lawsuit was filed jointly by Disability Rights NC and the Legal Action Center under the Americans with Disabilities Act (ADA). The plaintiff, a man with multiple health conditions including diabetes, was repeatedly hospitalized and needed skilled nursing care after each stay. Despite available beds at Sunnybrook and Treyburn, he was denied admission when he disclosed his relationship with drugs.

The consequences were severe: extended hospital stays, repeated hospitalizations, and even a coma before his third hospital stay. The denial of nursing home care underscores the challenges that individuals with SUD face, even when they require legitimate, ongoing medical attention.

“I just want to be able to get the care that everyone else gets,” the man said. All he wanted was “to be treated with dignity. I was sick and needed help after being in the hospital, but the nursing homes said no. It was really hard for me, and it didn’t feel fair. I’m very glad this case is settled and that the nursing homes are changing their rules. Now, other people like me won’t have to go through what I did.”

Why This Settlement Matters

Experts say this is the first case of its kind in the country, according to Disability Rights NC. It highlights that substance use disorder is a recognized disability, and that people actively using drugs or in recovery cannot be denied health care.

“The rights of people who have substance use disorder are very poorly understood,” said Holly Stiles, assistant legal director at Disability Rights NC. “People in active (drug) use or with any history of use are still entitled to health care. If you are in recovery, then you’re a person with a disability, and you’re entitled to protections — you can’t be discriminated against by public and private entities.”

Substance use is prevalent among older populations, the typical residents of nursing homes. Yet discrimination against people with SUD remains widespread, often based on unfounded fears of disruptive or dangerous behavior.

Positive Outcomes and Broader Implications

Following the settlement, the man at the center of the lawsuit is now “thriving” in a nursing home. He is an active, well-liked member of the residence committee, demonstrating that stereotypes about people who use drugs are often untrue.

“This case proves that it isn’t just people receiving treatment for addiction that have a right to health care, but those who are actually engaged in current drug use,” said Sarah Harrington, attorney at Disability Rights NC. “That population is so used to being treated as less-than. We hope this case gives them hope.”

Advocates are optimistic that other facilities in North Carolina—and beyond—will adopt similar anti-discrimination policies, ensuring broader access to necessary health care.

KBD Attorneys’ Perspective

At Ketterer, Browne & Davani (KBD Attorneys), we understand the unique legal challenges that vulnerable populations face, including those with disabilities or substance use disorders. Cases like this highlight the importance of legal protections against discrimination in health care, especially when access to medical care can be a matter of life or death.

Our firm has experience advocating for patients’ rights and holding institutions accountable when discrimination or neglect occurs. We also provide resources and guidance for families navigating complex health care disputes, including issues related to nursing home access, patient rights, and disability law.

Moving Forward

For individuals with substance use disorders, this settlement marks an important step toward equitable treatment in health care. It reinforces that admission denials based on SUD are not only unfair—they can be illegal under the ADA.

If you or a loved one face discrimination in health care or nursing home admission, it’s essential to know your rights and seek legal guidance. KBD Attorneys can help evaluate cases, ensure compliance with disability protections, and pursue justice for patients who have been wrongfully denied care.

Conatact us today for help.

Source: carolinapublicpress.org