On June 13, 2024, a district court for the Southern District of West Virginia made the first ever ruling clarifying that under Title II of the Americans with Disabilities Act (ADA), an individual who is eligible for health services or drug rehabilitation care cannot be denied such medical care because of any current illegal drug use.
Taylor v. Wexford Health Sources, Inc. et al. was filed on behalf of Joey Taylor in July 2023 for the denial of medication to treat his Opioid Use Disorder while detained at the Central Regional Jail in West Virginia last year. The Amended Complaint alleges that the West Virginia Division of Rehabilitation and Corrections violated his rights under the ADA and Rehabilitation Act, and that private health care contractor Wexford Health Sources Inc., was deliberately indifferent to his medical needs when denying him these medications.
Opioid Use Disorder is a disability protected under federal civil rights laws. This opinion explicitly recognizes that Mr. Taylor is protected under the ADA’s section 12210(c), which states, “an individual shall not be denied health services, or services provided in connection with drug rehabilitation, on the basis of the current illegal use of drugs if the individual is otherwise entitled to such services.” The district court wrote that “it would be entirely illogical to refuse to treat opioid use disorder in patients who use opioids” and “health services and drug rehabilitation services, which would include the MOUD [medication for opioid use disorder] Mr. Taylor sought, cannot be denied based on current illegal drug use.”
The opinion also found the public has a First Amendment right of access to Wexford’s medical guidelines, specifically those covering the treatment of Opioid Use Disorder, as well as statistics tracking MOUD denials to incarcerated patients, and the state prison system’s Request for Proposal for contractors to provide medical services. These records were unsealed by the court because “Wexford provides care to inmates in taxpayer-funded facilities after contracting with governmental agencies.”
The case is set for a jury trial on July 15, 2024, following the district court’s denial of all motions for summary judgment. The Plaintiff is represented by Kaplan & Grady and Mountain State Justice.
