ADA Frequently Asked Questions
Category: General
Question: #13
Can a person be denied health services based on illegal drug use?
Answer:
While the ADA does not protect against discrimination based on current illegal drug use, it does protect against discrimination based on a history or record of illegal drug use. It also protects against the denial of health services, including prescribed medication connected to drug rehabilitation, like Suboxone or Methadone, on the basis of current illegal drug use.
The ADA is clear that covered entities may not use current illegal drug use as justification to deny health services, or services provided in connection with drug rehabilitation, if the individual is otherwise entitled to such services. For example, a person in custody at a jail should generally not be denied access to prescribed medication, based on current illegal drug use, that they would otherwise be entitled to receive.
There is an exception for drug rehabilitation or treatment programs which the ADA states may deny participation to people who engage in illegal use of drugs while they are in the program.
Resource(s):
The ADA is clear that covered entities may not use current illegal drug use as justification to deny health services, or services provided in connection with drug rehabilitation, if the individual is otherwise entitled to such services. For example, a person in custody at a jail should generally not be denied access to prescribed medication, based on current illegal drug use, that they would otherwise be entitled to receive.
There is an exception for drug rehabilitation or treatment programs which the ADA states may deny participation to people who engage in illegal use of drugs while they are in the program.
Resource(s):
