In a move applauded by advocates for the rights of incarcerated individuals, Mason County Jail has agreed to an important settlement with the U.S. Department of Justice regarding the treatment of opioid use disorder (OUD) among inmates. The settlement, as detailed by the U.S. Attorney’s Office, addressed allegations that the jail was not in compliance with the Americans with Disabilities Act (ADA) by failing to provide necessary medications for inmates with OUD. U.S. Attorney Tessa M. Gorman emphasized the importance of this agreement, announcing, "Substance use disorder is a disabling condition under the Americans with Disabilities Act, and public service providers such as jails and prisons must treat it as such – providing the medical care and prescriptions needed to treat the disorder."
The issues at Mason County Jail were brought to light following an inmate complaint alleging they were unable to continue their prescribed OUD medication. An investigation by the U.S. Attorney’s Office exposed that the jail had no means to prescribe methadone for inmates who needed it and had been ceasing the use of OUD medications for non-medical reasons. In response to the findings, while not admitting any wrongdoing, the jail has promised to revise its approach, offering all three FDA-approved OUD medications, which include methadone, naltrexone, and buprenorphine.
As part of the settlement terms, Mason County Jail will draft a new healthcare policy that will be reviewed by the U.S. Attorney’s Office. This policy mandates that all inmates be assessed for OUD upon intake. The jail is now required to refrain from altering or discontinuing treatment unless determined medically inappropriate by a qualified medical professional. Furthermore, the facility is prohibited from denying health services or manipulating treatment preferences through incentives or penalties.
Moreover, staff at Mason County Jail will undergo training related to the ADA and maintain records of all decisions to discontinue or deny medications. These logs, along with any ADA compliance complaints, must be provided to the U.S. Attorney's Office. Should the jail fail to respond to complaints within 14 days, the U.S. Attorney's Office may take the issue to court. The entire agreement and its incorporated monitoring efforts will span one calendar year, offering a structured period for institutional change and accountability.
Susan Kas, who served as the Civil Rights Coordinator in the Civil Division of the U.S. Attorney’s Office led the negotiations for this settlement. The outcome of these talks is seen as a step forward for the protection of disability rights within the correctional system, ensuring that those struggling with OUD receive consistent and humane treatment while incarcerated, directly impacting their potential for recovery post-release. This settlement aligns with broader efforts to address and respect the healthcare needs of individuals with substance use disorders within the penal system.
