FOR IMMEDIATE RELEASE – OCTOBER 8, 2025
Contact:
- Arianne Keegan, Director of Communications, Legal Action Center, communications@lac.org, (212) 243-1313
- Holly Stiles, Assistant Legal Director for Litigation, Disability Rights NC, stiles@disabilityrightsnc.org, (919) 856-2195
Raleigh, NC and New York, NY – A settlement has been reached in a case brought on behalf of North Carolina resident, John Doe*, against Sunnybrook Rehabilitation Center, L.L.C. and Treyburn Rehabilitation Center, L.L.C., for excluding him from their skilled nursing facilities. Mr. Doe’s complaint, filed jointly by Disability Rights North Carolina and the NYC-based Legal Action Center, alleged they denied him admission because of his substance use disorder (SUD) and recent drug use, in violation of the Americans with Disabilities Act, Rehabilitation Act of 1973, Patient Protection and Affordable Care Act, and North Carolina Unfair and Deceptive Practices Act.
These disability rights laws explicitly prohibit the denial of health services based on SUD and current drug use. US Department of Justice guidance and settlement agreements and several court cases make clear that people who use drugs or have an SUD should not be turned away from emergency rooms when seeking treatment or denied medications for opioid use disorder (MOUD) when appropriate. But this case is believed to be the first in the country to raise the issue of whether skilled nursing facilities can automatically deny admission to people with ongoing SUD.
According to the complaint, Mr. Doe had several serious physical health conditions that resulted in multiple hospitalizations in Raleigh and Durham over a two-year period beginning in 2023. After each hospitalization, he needed follow-up care at a nursing home near his family and medical providers; however, Sunnybrook and Treyburn both refused to admit him upon learning of his substance use. Consequently, Mr. Doe spent months trying to cobble together the care he needed as best he could, but was ultimately unable to do so. His health declined, and he landed back in the hospital as a result.
Mr. Doe brought the lawsuit seeking admissions to Sunnybrook and Treyburn, their adoption of new policies to end automatic admission denials based on SUD or recent use, and monetary compensation for the expenses he incurred and his pain and suffering.
“I just want to be able to get the care that everyone else gets. I want 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.”
The settlement requires Sunnybrook and Treyburn to pay $55,000 to resolve the case and to develop and implement a Substance Use Disorder Non-Discrimination Policy prohibiting blanket denials of admission to individuals solely on the basis of SUD or recent use. Instead, providers should consider each admission individually and apply reasonable judgment and objective evidence in making admissions decisions. The facilities also must assess whether they can provide the care an individual needs, with or without a reasonable accommodation. The policy must extend to people currently engaging in the illegal use of drugs as well as people taking SUD treatment medications such as MOUD.
The settlement also requires Sunnybrook and Treyburn to:
- Implement a grievance policy for alleged violations of the SUD Non-Discrimination policy;
- Train their staff on non-discrimination requirements under the Americans with Disabilities Act;
- Maintain a log of any admission denials made in accordance with the SUD Non-Discrimination Policy and provide the log to Mr. Doe’s counsel for one year; and
- Evaluate any future application for admission made by Mr. Doe under the new SUD Non-Discrimination Policy.
“Unfortunately, SUD-based discrimination in healthcare is far too common, and people who use or used drugs frequently do not receive care for serious, sometimes life-threatening, needs,” said Rebekah Joab, Deputy Director of Litigation and Legal Services at the Legal Action Center. “We believe this is the first case to challenge the denial of skilled nursing facility admission to people with ongoing SUD, and we are encouraged by Sunnybrook’s and Treyburn’s implementation of policy and practice changes to stop such discrimination moving forward. We urge skilled nursing facilities around the country to implement similar non-discrimination policies to avoid illegal discrimination that results in adverse health outcomes for so many.”
Sara Harrington, an attorney at Disability Rights NC, agreed. “We applaud Sunnybrook and Treyburn for making important changes to admission policies that will help protect the rights of vulnerable patients with substance use disorder to get the care they need,” said Harrington. “We’d also like to applaud the bravery of Mr. Doe and his family for pursuing this case. Without them, these changes would not have been possible. We must do everything we can to eliminate stigma and expand people’s access to care – policies like the ones adopted by Sunnybrook and Treyburn are sorely needed steps in the right direction.”
Mr. Doe was represented by Rebekah Joab and Sally Friedman of the Legal Action Center, and Holly Stiles, Christopher Hodgson, and Sara Harrington of Disability Rights North Carolina.
*Mr. Doe is identified by pseudonym to protect him from the stigma, discrimination, emotional distress, and hardship that could result from publicly disclosing his identity and SUD.
About Legal Action Center
The Legal Action Center (LAC) uses legal and policy strategies to fight discrimination, build health equity, and restore opportunity for people with arrest and conviction records, substance use disorders, and HIV or AIDS. Learn more about LAC at www.lac.org.
About Disability Rights North Carolina
Disability Rights North Carolina is the federally mandated protection and advocacy (P&A) system in North Carolina, dedicated to advancing the rights of all people with disabilities, of all ages, statewide. DRNC is an independent, 501(c)(3) nonprofit organization and a member of the National Disability Rights Network. Learn more about Disability Rights North Carolina at disabilityrightsnc.org.
