Rights for Individuals on 

Medication-Assisted Treatment 
Know Your Rights: Rights for Individuals 

on Medication-Assisted Treatment 

U.S. Department of Health and Human Services 

Substance Abuse and Mental Health Services Administration 

Center for Substance Abuse Treatment 
Acknowledgments 

This publication was prepared for the Substance Abuse and Mental Health Services Administration 

(SAMHSA) by the Legal Action Center (LAC) for the Partners for Recovery Initiative under Abt 

Associates, Inc., under contract number 270-03-9000, with SAMHSA, U.S. Department of Health 

and Human Services (HHS). Shannon Taitt, M.P.A. served as the Government Project Officer. 

Disclaimer 

The views, opinions, and content of this publication are those of the author and do not necessarily 

reflect the views, opinions, or policies of SAMHSA or HHS. 

This publication provides general guidance on the legal rights of individuals with alcohol and drug 

problems. It is not intended to serve as legal advice for any particular case involving or potentially 

involving discrimination. If you believe that you have been or are being subjected to illegal 

discrimination, you should immediately consult an attorney or seek assistance from the Federal 

agency responsible for addressing discrimination complaints or administering the program or benefits 

at issue. 

Public Domain Notice 

All material appearing in this publication is in the public domain and may be reproduced or copied 

without permission from SAMHSA/CSAT. Citation of the source is appreciated. However, this 

publication may not be reproduced or distributed for a fee without the specific, written authorization 

of the Office of Communications, SAMHSA, HHS. 

Electronic Access and Copies of Publication 

This publication may be downloaded or ordered at http://www.samhsa.gov/shin/. Or, please 

call SAMHSA’s Health Information Network at 1-877-SAMHSA-7 (1-877-726-4727) (English a

Español). 

nd 

Recommended Citation 

Attorneys at the Legal Action Center authored, Know Your Rights: Rights for Individuals on MedicationAssisted Treatment. HHS Publication No. (SMA) 09-4449. Rockville, MD: Center for Substance Abuse 

Treatment, Substance Abuse and Mental Health Services Administration, 2009. 

Originating Office 

Office of Program Analysis and Coordination, Center for Substance Abuse Treatment, Substance 

Abuse and Mental Health Services Administration, 1 Choke Cherry Road, Rockville, MD 20857 HHS 

Publication No. (SMA) 09-4449. 
ARE YOU IN

RECOVERY FROM 

ALCOHOL OR

DRUG PROBLEMS? Know 

your 

Rights

INTRODUCTION 

This brochure explains the Federal laws that prohibit discrimination against 

individuals with disabilities and how they protect people receiving MedicationAssisted Treatment for opioid addiction (also known as “MAT”). MAT 

includes a medication (e.g., methadone, buprenorphine, oral naltrexone) 

approved by the U.S. Food and Drug Administration (FDA) for opioid 

addiction detoxification or maintenance treatment. 

Individuals in MAT often face discrimination despite laws that plainly prohibit 

it. This discrimination is largely due to lack of knowledge about MAT’s value, 

effectiveness and safety, and a lack of knowledge about the anti-discrimination 

laws that protect people in MAT. Discrimination is also common because 

people in MAT frequently do not have the tools necessary to educate 

employers, landlords, courts, and others about MAT and relevant legal 

protections. 

 

What is the purpose of this brochure? This brochure aims to reduce discrimination 

by giving people in MAT (and their advocates) basic information necessary to 

exercise their rights or, at a minimum, know where to turn for help. It also 

seeks to reduce discrimination by educating those who might discriminate 

(e.g., employers, housing providers, and government agencies) about such 

laws, as well as about MAT itself. 

1
Who should read this brochure? People who are in MAT and their families, 

friends, and advocates who want to know their rights under Federal antidiscrimination laws. It is also for employers, landlords, health care providers, 

government agencies, and others who are required to comply with antidiscrimination laws that protect people with disabilities. 

What topics does this brochure cover? 

• GENERAL INFORMATION ABOUT MAT 

− WHAT IS MAT? 

− HOW DO METHADONE AND BUPRENORPHINE WORK? 

− DO METHADONE AND BUPRENORPHINE IMPAIR PHYSICAL OR 

MENTAL FUNCTIONING? 

• FEDERAL NON-DISCRIMINATION LAWS THAT PROTECT 

PEOPLE IN MAT 

− WHO IS AND IS NOT PROTECTED BY THESE LAWS

− HOW THESE PROTECTIONS WORK IN –

o EMPLOYMENT

o HOUSING – INCLUDING RESIDENCES FOR PEOPLE IN 

RECOVERY

o GOVERNMENT ACTIVITIES, BENEFITS AND SERVICES –

INCLUDING THE CHILD WELFARE SYSTEM, PROBATION AND 

PAROLE, ZONING, AND THE ISSUANCE OF DRIVERS 

LICENSES

o PRIVATE EDUCATIONAL, HEALTH CARE AND OTHER 

FACILITIES (ALSO CALLED “PUBLIC ACCOMMODATIONS”) 

• HOW PEOPLE IN MAT CAN PROTECT THEIR RIGHTS 

UNDER THESE FEDERAL LAWS. 

This brochure complements the publication, Are You in Recovery from Alcohol or 

Drug Problems? Know Your Rights available on the Partners for Recovery Web 

site, http://www.pfr.samhsa.gov. The Know Your Rights brochure focuses broadly on 

laws that protect people in recovery from alcohol or drug addiction. This 

publication discusses how these laws specifically protect people in MAT. 

2
GENERAL INFORMATION ABOUT MEDICATIONASSISTED TREATMENT (MAT) 

What is Medication-Assisted Treatment? 

Medication-Assisted Treatment (MAT) is treatment for opioid addiction that 

uses medications such as methadone or buprenorphine to treat addiction to 

short-acting opioids, such as heroin, morphine and codeine, as well as 

synthetic opioids, including oxycodone, OxyContin®, and hydrocodone.1 

MAT operates to normalize brain chemistry, block the euphoric effects of 

opioids, relieve physiological cravings, and normalize body functions without 

the negative effects of the short-acting drugs of abuse. Patients who receive 

treatment in an Opioid Treatment Program (OTP) are required by Federal 

regulations to receive medical, counseling, vocational, educational, and other 

assessment and treatment services, in addition to the medication for the opioid 

addiction.2

Methadone, when used in MAT, can only be dispensed (not prescribed) in an 

OTP. Buprenorphine can also be dispensed in an OTP. OTPs are any treatment 

program certified by the Substance Abuse and Mental Health Services 

Administration (SAMHSA) in conformance with Title 42 of the Code of Federal 

Regulations (C.F.R.), Part 8, to provide supervised assessment and medicationassisted treatment for patients who are opioid addicted. An OTP can exist in a 

number of levels of care and settings, including, but not limited to, intensive 

outpatient, residential, and hospital settings. 

The Drug Addiction Treatment Act of 2000 permits physicians who meet 

certain qualifications to provide office-based treatment for opioid addiction 

using buprenorphine. Buprenorphine, like methadone, when taken in stable 

doses as part of a medically supervised treatment plan, permits the patient to 

 

1 Though the term “MAT” can also encompass treatment for drug and alcohol 

addiction with other medications, this brochure focuses only on the use of 

methadone and buprenorphine to treat opioid addiction. This is because 

individuals receiving treatment with methadone – and more recently 

buprenorphine – face significant stigma due to the stigmatizing nature of the 

underlying opioid addiction. This brochure’s discussion of methadone refers 

exclusively to methadone used to treat opioid addiction and not to methadone 

used to treat pain. 

2 The Federal regulation requiring these services can be found at Title 42 of the 

Code of Federal Regulations (C.F.R) § 8.12(f).

3
lead a normal and productive life without any of the narcotic effects of heroin 

or other opioids of abuse. Buprenorphine is generally administered daily, but 

sometimes can be administered on alternate days. 

How Do Methadone and Buprenorphine Work? 

Methadone and buprenorphine, when administered at the appropriate dose, 

“occupy” the brain receptor sites affected by heroin and other opioids. As a result, 

they suppress withdrawal symptoms, block the euphoric and sedating effects of 

opioids, and relieve the craving for opioids that is a major factor in relapse.3 

Methadone and buprenorphine are long-acting opioids and pharmacologically 

dissimilar from short-acting opioid such as heroin and oxycodone or hydrocodone. 

With stable dosing and in the absence of other medications that may produce 

euphoria or sedation, these medications do not cause euphoria or intoxication, thus 

allowing a person to lead a normal life. The appropriate dose is determined by a 

certified health care professional in conjunction with the patient and is calibrated to 

the individual’s medical and physiological needs. Once individuals are stabilized on 

the appropriate dose, they may be maintained on that dose for as long as medically 

necessary, as is the case with other medications for chronic health conditions. 

MAT does not “substitute one drug for another.” This is in contrast to the 

extreme highs and lows that result from the waxing and waning in blood levels 

of short-acting opioids. Instead, these medications relieve withdrawal 

symptoms and physiological cravings and bring about a biochemical balance in 

the body. They help people return to physical and psychological stability, and 

live their lives just like anyone else. 

People unfamiliar with the science of MAT sometimes question why an 

individual is taking what is perceived as a high dose of methadone. Dosing, 

however, is an individualized medical decision. Most patients require a dose of 

60-120 milligrams per day and patients on higher doses are shown to stay in 

treatment longer and use less heroin and other drugs than those on lower 

doses.4 Pre-conceived attitudes about dosing that are based on any rationale 

other than scientific evidence detract from the potential value of MAT. 

 

3 Methadone is administered as a liquid that a person drinks and buprenorphine is a 

“sublingual” tablet that a person places under her tongue. 

4 Centers for Disease Control and Prevention (February 2002), Methadone 

Maintenance Treatment, IDU/HIV Prevention, 

http://www.cdc.gov/idu/facts/Methadone.htm. 

4
Do Methadone and Buprenorphine Impair Physical or Mental 

Functioning? 

When provided at the appropriate dose to a person stabilized on methadone 

or buprenorphine, these medications have no adverse effects on intelligence, 

mental capability, physical functioning, or employability. Research studies 

demonstrate that MAT patients are comparable to non-patients in reaction 

time and their ability to learn, focus, and make complex judgments. MAT 

patients do well in a wide array of work settings, including professional 

positions, service occupations, and skilled, technical, and support jobs. MAT 

patients are lawyers, engineers, secretaries, truck and taxi drivers, teachers, 

computer programmers, and others. 

For more information about MAT and driving, read New York State’s Office 

of Alcoholism and Substance Abuse’s 1997 publication, “Driving Performance 

of Methadone Maintenance Patients,” and Legal Action Center’s 2000 

publication, “Methadone Maintenance Treatment: Memorandum on Driving 

& Psychomotor Studies and Background Information about Methadone 

Treatment.” 

Additional information about opioid addiction and MAT is available from a 

variety of resources, including: 

• SAMHSA Health Information Network (SHIN) of the United States 

Substance Abuse and Mental Health Services Administration 

(SAMHSA): http://www.samhsa.gov/SHIN

• SAMHSA’s Center for Substance Abuse Treatment (CSAT): 

http://www.csat.samhsa.gov 

• CSAT’s Division of Pharmacologic Therapies (DPT): 

http://www.dpt.samhsa.gov 

• CSAT’s Buprenorphine Information Center: 

http://www.buprenorphine.samhsa.gov

• National Alliance of Methadone Advocates (NAMA): 

http://www.methadone.org 

• National Alliance of Advocates for Buprenorphine Treatment 

(NAABT): http://www.naabt.org 

• American Association for the Treatment of Opioid Dependence, Inc. 

(AATOD): http://www.aatod.org 

5
FEDERAL NON-DISCRIMINATION LAWS PROTECT 

PEOPLE IN MAT 

It is illegal to discriminate against people because they are in MAT. 

Federal civil rights laws protect qualified “individuals with disabilities” from 

discrimination in many areas of life. People in recovery from drug addiction – 

including those in MAT – generally are protected from discrimination by the 

following statues: 

• Americans with Disabilities Act (ADA) 

• Rehabilitation Act of 1973 

• Fair Housing Act (FHA) 

• Workforce Investment Act (WIA) 

Many States and cities also have non-discrimination laws that protect 

individuals with disabilities – including those in MAT. This brochure does not 

discuss these laws, but information regarding them is typically available from 

the State and city agencies enforcing them. 

WHO IS PROTECTED? 

The non-discrimination laws mentioned above protect individuals with a 

“disability.” Most often, people in MAT are considered individuals with a 

“disability.” 

Why? Under these Federal laws, an individual with a “disability” is someone 

who – 

• Has a current “physical or mental impairment” that “substantially 

limits” one or more of that person’s “major life activities,” such as 

caring for one’s self, working, etc., or 

• Has a record of such a substantially limiting impairment, or 

• Is regarded as having such an impairment. 

Addiction to opioids is an impairment that can and does, for many people, 

substantially limit a major life activity. For this reason, many courts have 

found that people in MAT have a record of an impairment. The same analysis 

6
applies to buprenorphine. Many people also regard people in MAT as having a 

substantially limiting impairment. 

Example: Elias has been in MAT for two years, following a decadelong addiction to heroin. He recently worked for six months in the 

sales office of a newspaper, but was fired after telling his supervisor 

that he was in MAT. The supervisor said that the newspaper did not 

employ people in methadone programs because “we do not want 

drug addicts working here.” Elias has not used heroin – or any drugs 

illegally – since he began MAT two years ago. 

Is Elias protected by Federal anti-discrimination laws? 

Yes. Elias is an individual with a “disability” because it is clear that 

the employer “regards” him as having a current disability – drug 

addiction. He also has a “record” of a disability – addiction to 

heroin. 

WHO IS NOT PROTECTED? 

People who currently engage in the illegal use of drugs are not protected under 

these non-discrimination laws. For instance, if Elias – from the previous 

example – was using cocaine while in MAT, if his cocaine use was the basis of 

the employer’s decision to fire him, he would not be protected by these nondiscrimination laws. 

But note that even though Federal anti-discrimination laws generally do not 

protect individuals who are currently engaging in the illegal use of drugs, they 

do protect such individuals from discrimination by health care providers. For 

example, if Elias was using cocaine while in MAT, it would be illegal for a 

health care provider to deny him surgery or dental care just because he was an 

illegal drug user. 

HOW DO THESE PROTECTIONS WORK? 

Discrimination means treating someone less favorably than someone else 

because he or she has a disability, once had a disability, or is regarded – even 

erroneously – as having a disability. MAT treats a chronic disease – addiction 

– using legally-prescribed medications. It is discrimination for employers, 

landlords, government agencies, and health care and treatment providers to 

7
treat people less favorably because they are in MAT. It is also discrimination 

to treat people in MAT differently than people who are prescribed medication 

to treat other disabilities, such as people prescribed insulin for diabetes or 

people with high cholesterol who are prescribed cholesterol-lowering 

medication. 

Treating someone less favorably for reasons other than the person’s disability, 

however, is generally not illegal discrimination. For example, it is not illegal 

discrimination to deny a person a job, services, or admission to a program 

because that person – 

• Does not meet essential eligibility requirements. 

• Creates a direct threat to health or safety by his/her behavior. Simply 

being in MAT does not pose any health or safety threat. 

• Violates the rules of a workplace, housing facility, or other program 

or commits a crime, including a drug-related crime, when that 

misconduct would cause anyone to be disciplined, evicted, or 

excluded. 

EMPLOYMENT 

General rule. Federal law protects people in MAT against job discrimination. 

The ADA and the Rehabilitation Act prohibit most employers from firing, 

refusing to hire, or discriminating in the terms and conditions of employment 

against any qualified job applicant or employee on the basis of a disability. 

Many courts have ruled that people in MAT have a disability and are therefore 

protected from discrimination by these laws. 

Employers are covered by Federal laws as follows: 

• The ADA applies to all State and local governmental units, and to 

private employers with 15 or more employees. 

• The Rehabilitation Act applies to Federal employers and other public 

and private employers who receive Federal grants, contracts, or aid. 

In general, these covered employers – 

• May not deny a job to or fire a person simply because he or she is in 

MAT. 

8
• Must provide “reasonable accommodations” when needed to enable 

those with a disability to perform their job duties, unless this would 

cause the employer undue hardship. 

A “reasonable accommodation” is any change in the work environment or in 

the way things are customarily done that enables an individual with a disability 

to enjoy equal employment opportunities. Examples include: 

• Job restructuring 

• Part-time or modified work schedules 

• Permitting a leave of absence 

• Reassignment to a vacant position 

An employer is not required to grant an accommodation that causes “undue 

hardship” to the employer, meaning significant difficulty or expense. The 

employer may suggest an alternative accommodation to the one proposed by 

the employee or job applicant. 

Example: Kira works at a hospital from 2:00 p.m. to 10:00 p.m. and has been 

receiving MAT for one year. The program requires Kira to pick up the dose 

three times a week and is open only from 7:00 a.m. to 2:00 p.m. 

Unfortunately, the hospital changed Kira’s shift so that she must work from 

7:00 a.m. to 3:00 p.m. 

Is she entitled to a “reasonable accommodation” of changing to her former shift? 

Yes, unless it would cause the hospital an “undue hardship.” Allowing a 

schedule change so that Kira could pick up the dose would be a reasonable 

accommodation, and her employer should allow it. 

For more information on reasonable accommodations, read Are You in Recovery 

from Alcohol or Drug Problems? Know Your Rights. 

Medical Inquiries and Examinations and Drug Tests. The ADA and 

Rehabilitation Act strictly limit what employers may ask about an applicant’s or 

employee’s medical conditions and history. These rules are described in detail 

in the brochure, Are You in Recovery from Alcohol or Drug Problems? Know Your 

Rights. This brochure will discuss drug tests, however, because they often are 

the way employers learn about a job applicant’s or employee’s participation in 

MAT. 

9
Under these Federal laws, a drug test is not considered a “medical 

examination.” Drug tests, therefore, can be administered at any time if all 

applicants or employees in a job category are required to be tested. Certain 

drug tests will detect methadone and buprenorphine, and others will not. If 

these medications are detected, employers may require the individual to 

provide documentation that s/he is in MAT. Acceptable documentation could 

include a letter from the individual’s physician confirming that the applicant 

was prescribed the medications as a part of MAT. If an applicant or employee 

does not provide such documentation or falsely denies participation in MAT, 

however, it is legal for the employer to deny the position or fire the individual. 

Medical Leave. The ADA and Rehabilitation Act, as well as the Family and 

Medical Leave Act (FMLA), give employees the right to take medical leave – 

including for alcohol or drug treatment – in certain circumstances. Please read 

the brochure, Are You in Recovery from Alcohol or Drug Problems? Know Your 

Rights, for a complete discussion of the provisions. However, it is worth 

noting that it would be illegal discrimination for an employer to deny someone 

such medical leave solely because the treatment sought during leave was for 

MAT. 

HOUSING 

The Fair Housing Act (FHA) makes it illegal to discriminate in housing and 

real estate transactions because of someone’s disability. People in MAT are 

protected from housing discrimination under the FHA – just as are people 

with other disabilities. For information on how these housing protections 

apply to people in recovery generally, read the brochure, Are You in Recovery 

from Alcohol or Drug Problems? Know Your Rights. 

Housing discrimination related to MAT sometimes arises in the context of 

residences for individuals in recovery. Individuals who live or want to live in 

halfway houses, recovery homes, or other residences for individuals in 

recovery are sometimes excluded because of their participation in MAT. This 

is illegal even though this type of discrimination occurs with some frequency. 

The FHA applies to residences such as recovery houses because they fall under 

the FHA’s definition of “dwelling.” Individuals in MAT are protected by the 

FHA. They also are protected by the ADA if the residence receives State or 

local government funding, and by the Rehabilitation Act if the residence 

10
receives Federal financial assistance. Accordingly, these residences may neither 

categorically exclude people in MAT nor insist that they abstain from MAT. 

Some treatment and recovery residences for individuals in recovery have 

policies that make it difficult for individuals in MAT to live there, for example, 

policies prohibiting the storage of methadone or buprenorphine at the 

residence. Such residences must grant a “reasonable accommodation” for 

individuals in MAT, provided the requested accommodation does not require 

major financial or administrative commitments that would be considered an 

“undue burden.” Examples of reasonable accommodations include: 

• Arranging for the individual to take medication at the OTP, 

physician’s office, or another off-site location – when consistent with 

the individual’s treatment plan. 

• Storing an individual’s MAT medication in a lock box in the house 

and having the individual be personally responsible for it. 

• Arranging to have the housing facility keep MAT medications in a 

locked cabinet. 

Residences, of course, do not have to accept every individual who applies. 

Applicants may be rejected if they refuse to follow non-discriminatory house 

rules such as attending mandatory NA or AA meetings or violate rules 

prohibiting drinking or illegal drug use. 

Example: Julia is receiving MAT for an addiction to OxyContin and 

has applied to live in a residence for people in early recovery. She is 

denied admission because the residence has a policy of refusing to 

admit people in MAT. The residence is operated by a non-profit 

organization that runs many such residences. 

Is that illegal discrimination? 

Yes. Julia is an individual with a “disability” because she is in 

recovery from an addiction to OxyContin and is in MAT. Excluding 

her because of her participation in MAT is illegal discrimination, 

assuming that Julia meets the residence’s other eligibility 

requirements. 

The anti-discrimination laws that apply to the residence include the 

Fair Housing Act and, if the residence receives Federal funding, the 

11
Rehabilitation Act. If the residence were operated by a local or State 

government, it would be governed by the ADA as well. 

GOVERNMENT ACTIVITIES, BENEFITS, AND 

SERVICES 

The ADA and Rehabilitation Act protect a person in MAT from 

discrimination by the government in its – 

• Services – such as health or social services and education and 

training programs 

• Benefit programs – like welfare or child care assistance and other 

forms of financial assistance, such as student loans 

• Activities – like probation and parole, zoning, occupational licensing, 

and driver’s licensing 

If an individual is “qualified” – meaning the individual meets the eligibility 

requirements of the program or activity involved – the individual may not be 

denied the opportunity to participate in or be denied benefits from these and 

other public services, benefit programs or governmental activities because of a 

disability. Additionally, individuals in MAT may not be treated less favorably 

than other individuals simply because they are participating in MAT. 

Child Welfare System. May judges, prosecuting attorneys, and others in the child 

welfare system require parents to end their participation in MAT in order to get their 

children back or to keep their children?

No. Courts and other government agencies may not single out people in MAT 

and require them to stop taking legally prescribed medications. Such a 

requirement would be no different than telling an insulin-dependent, diabetic 

parent that she may not have her children back unless she stops taking insulin 

and addresses her diabetes through nutrition and exercise alone. Courts may, 

however, require people in MAT to comply with treatment requirements. 

Probation and Parole. May a probation or parole officer or court require individuals to 

end their participation in MAT as a condition of their compliance with parole or probation?

No. As in the child welfare system, probationers and parolees in MAT may 

not be singled out for different treatment solely because of their participation 

in MAT. 

12
Zoning May local governments pass ordinances that prohibit the siting of MAT 

programs?

No. Local governments may not use zoning laws to discriminate against MAT 

programs, even if there is strong neighborhood opposition to the siting of the 

facility. Zoning laws that prohibit MAT programs or restrict their location 

generally violate Federal law. Zoning practices that treat MAT programs 

differently from other entities also violate Federal law. 

Example: A methadone program wants to open a new facility in a 

mixed use district. Methadone programs fall under the zoning code’s 

definition of a “medical facility,” and that use is permitted in that 

district. Community leaders are worried that the program will bring 

more crime into the area. They convince local legislators to enact an 

ordinance banning the siting of methadone programs in that district. 

Is that illegal discrimination? 

Yes. The ADA prohibits local governments from enacting laws that 

single out methadone programs and treat them differently from other 

medical facilities. 

Driver’s Licenses. May a department of motor vehicles require an individual charged 

with DUI to end his participation in MAT in order to get his license reinstated? 

No. Requiring an individual to end his participation in MAT – and perhaps to 

attend a drug treatment program that does not use medication – violates 

Federal anti-discrimination laws. Note, however, that Federal regulations 

pertaining to the issuance of commercial drivers licenses do disqualify 

individuals in MAT. Though these rules might appear to conflict with Federal 

anti-discrimination laws, they are enforceable because of the rules concerning 

conflicting Federal laws. 

Despite the protections outlined above, some government entities do 

discriminate. For information about what to do when faced with such 

discrimination in the child welfare and criminal justice systems, read the 

brochure, Educating Courts and Other Government Agencies About Methadone, written 

by the Legal Action Center and available on the Legal Action Center’s Web 

site, http://lac.org/index.php/lac/130. 

13
Commercial Drivers Licenses. Regulations implemented by the Federal Highway 

Administration of the United States Department of Transportation (DOT) 

disqualify individuals from receiving an interstate commercial driver’s license if 

they are taking methadone. Consequently, it is not illegal discrimination for DOT 

to deny an interstate commercial driver’s license to someone because of their 

participation in MAT. The regulations do not address buprenorphine. 

Commercial driver’s licenses for intrastate (within one State) driving are 

determined by State laws, which may vary.

PRIVATE EDUCATIONAL, HEALTH CARE, AND 

OTHER FACILITIES 

Many private educational institutions, service providers, and other facilities 

must comply with Federal laws protecting people with disabilities from 

discrimination – including people in MAT. The ADA’s anti-discrimination 

requirements apply to “public accommodations,” which is defined as private 

facilities that provide goods or services to the public. They include: 

• Schools and universities 

• Hospitals, clinics, and health care providers 

• Social service agencies, including homeless shelters, day care centers, 

and senior centers 

Private service providers that receive Federal grants, contracts, or aid must 

comply with the same non-discrimination requirements under the 

Rehabilitation Act. 

Public accommodations (and other private entities covered by the 

Rehabilitation Act) must not discriminate in offering or providing their goods 

or services against individuals on the basis of their past, current or perceived 

disability. This means they must ensure individuals enjoy equal opportunity to 

participate and benefit from the facility’s goods and services, and receive 

goods or services in the most integrated setting possible. 

Example: Susan went to her friend’s primary care doctor because she 

had a terrible headache. On the medical history questionnaire, she 

wrote that she is in MAT using methadone. The doctor refused to 

examine Susan because “we do not treat people on methadone” and 

said that she should go to the local health department instead. 

14
Was that illegal discrimination? 

Yes. Health care providers are “public accommodations” under the 

ADA and may not refuse to provide health services to individuals 

solely because they participate in MAT. 

HOW PEOPLE IN MAT CAN PROTECT THEIR 

RIGHTS 

Can people do anything to protect their rights under these Federal non-discrimination laws? 

Yes. People who face discrimination because they are in MAT can challenge 

the violation of their rights in one or both of the following ways: 

• File a complaint with one of the Federal agencies authorized to 

investigate and remedy violations of the disability discrimination laws. 

People do not need a lawyer to do this, and it can be faster and easier 

than a lawsuit and result in the same remedies. But note: the filing 

deadline is typically 180 days after the discriminatory act. Contact 

information for the relevant agencies is as follows: 

o Employment cases: Equal Employment Opportunity 

Commission (EEOC). File a complaint with the nearest field 

office, which can be located at http://www.eeoc.gov. Or call 

(800) 669-4000 (voice) or (800) 669-6820 (TTY). 

o Public Accommodations: United States Department of Justice 

(DOJ), (800) 514-0301, http://www.ada.gov. 

o Housing: United States Department of Housing and Urban 

Development (HUD), (800) 877-0246, http://www.hud.gov.

• In most (but not all) cases, people may also file a lawsuit in Federal or 

State court, in addition to or instead of filing an administrative 

complaint. Deadlines vary from one to three years. 

• Contact the State agency that oversees alcohol and drug treatment 

programs. They may know of local resources and be able to provide 

information to educate employers, government agencies, and others 

who are discriminating. The Directory of the Single State Agencies 

15
for Substance Abuse Services is accessible through the SAMHSA 

Web site, http://www.samhsa.gov/Grants/ssadirectory.pdf. 

• Contact the State and/or local agency that enforces State and/or 

local anti-discrimination laws. Every State has an agency charged 

with enforcing State anti-discrimination laws. Some cities have them 

as well. You might be able to locate the agency in your State or city 

by asking your local or regional EEOC office (see contact 

information above), or your State’s Attorney General’s office. You 

can also try an Internet search typing the name of your state or city 

and the words “human rights agency.” 

What benefit can someone get from filing a complaint or lawsuit? Those 

found liable for discrimination may be directed to stop discriminating, enact 

new policies, and/or pay money to the individual who suffered discrimination 

to compensate for out-of-pocket losses and other harm. 

CONCLUSION AND ADDITIONAL RESOURCES 

It is illegal to discriminate against people because they are in MAT. Federal 

laws prohibit such discrimination in employment, housing, public 

accommodations, and government services. A lack of understanding about 

MAT – methadone in particular – is often the root cause of such 

discrimination. This brochure as well as the resources it references should 

help address concerns by employers and others who might otherwise 

discriminate. 

In the event that discrimination cannot be prevented through education, legal 

means are available through complaints with government agencies and lawsuits 

in court. 

For a copy of the ADA, visit the Department of Justice’s website at 

http://www.ada.gov/pubs/ada.htm. For other resources on the information 

covered in this brochure, visit SAMHSA’s websites: 

http://www.dpt.samhsa.gov and http://buprenorphine.samhsa.gov. 

Resources also are available from private, non-profit organizations including 

the American Association for the Treatment of Opioid Dependence 

(AATOD), http://www.aatod.org; Legal Action Center, http://www.lac.org, 

National Alliance of Advocates for Buprenorphine Treatment (NAABT), 

http://www.naabt.org; National Alliance of Methadone Advocates (NAMA), 

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http://www.methadone.org; and Patient Support & Community Education 

Project (PSCEP), http://www.methadone.net/patient_support_project.htm. 

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