The opioid crisis has shown America the worst of deaths, suicides, and hospitalizations. But there’s a bigger challenge that needs to be addressed-discrimination against people recovering from Opioid Use Disorder (OUD).
People suffering from OUD and currently under MAT (Medication-Assisted Treatment) seldom find respite in their community, let alone find employment or hope to lead a normal life.
Yes, there are strict laws in place, but given the social stigma, rules are flouted every minute. The majority of discrimination incidents stem from a lack of knowledge about MAT and OUD recovery. Besides, people undergoing MAT lack the necessary tools and resources to educate people.
This article offers vital information to understand the basics of MAT for Opioid Use Disorder, patient rights and limitations. Keep reading!
Table of Contents
How Does Medication-Assisted Treatment Work for Opioid Use Disorder?
Medication-assisted treatment (MAT) for opioid addiction uses a combination of drugs to treat cases of short and long-term addiction. It covers common opioids like heroin, codeine, and morphine, as well as synthetic versions, including oxycodone and hydrocodone.
MAT primarily blocks the euphoric impact of opioids. In doing so, it normalizes the brain chemistry and relieves patients of any physiological cravings. All OUD patients receiving MAT are also prescribed counseling and behavioral therapy to expedite recovery.
Currently, three potent medicines are approved by the FDA to treat OUD, namely, Methadone, Buprenorphine and Naltrexone. While Methadone and Buprenorphine lowers cravings and prevent withdrawal symptoms, Naltrexone blocks the direct effect of opioids (helpful in case of an overdose).
Understanding Patient Rights in OUD
For starters, one must know any discrimination against people suffering from OUD and undergoing medication-assisted treatment is illegal. The Federal Civil Rights Law protects all patients as they qualify as “individuals with disabilities.”
This is in accordance with four major statutes, namely the Americans with Disabilities Act (ADA), the Rehabilitation Act of 1973, the Fair Housing Act (FHA), and the Workforce Investment Act (WIA).
Most OUD patients undergoing medication-assisted treatment are protected from discrimination under the ADA when they qualify for the following:
- An individual is in OUD recovery and is not taking any illegal drugs.
- An individual is being treated in a drug rehab or similar facility.
- An individual taking FDA-approved drugs like Methadone prescribed by a licensed medical worker.
- An individual in OUD recovery who requires certain services to sustain.
Here’s a closer look at some of the vital patient rights that apply to anyone undergoing medication-assisted treatment for OUD recovery.
The Right to Confidentiality
Confidentiality is the cornerstone of healthcare, and more so for addiction treatment. Critical patient data is protected by law under the HIPAA (Health Insurance Portability and Accountability Act). The right to confidentiality also encourages patients to be open about their problems without fearing discrimination or stigma.
Specifically for addiction recovery, any history of substance use or treatment details cannot be disclosed at any cost to any friend or family member, potential employer or law enforcement. This cannot be done without the explicit consent of the patient. That way, a patient struggling with addiction can safely enter a recovery program as they know their privacy is respected.
The Right To Informed Consent
Another fundamental right in addiction recovery is the right to informed consent. This means patients have the right to know about the nature of the treatment, the potential benefits and risks, and alternatives.
Addiction recovery treatment involves educating a patient about different options, like in-patient and outpatient care, medicinal approaches, behavioral therapies, and counseling. A good case in point is the choice of drugs in medication-assisted treatment for OUD.
Drug therapy is a popular approach in addiction treatment where a combination of drugs is used to prevent relapse, manage withdrawal symptoms, and reduce substance cravings. For instance, a combination of Naloxone and Buprenorphine sold under the brand name Suboxone promises multiple benefits for OUD patients.
- It lowers the risk of overdose compared to other medicines like Methadone.
- It has less of a chance of causing respiratory depression due to the ceiling effect.
- Its effects are long-acting, which means the patient won't have to take a daily dosage, thereby mitigating the chance of relapse.
But, despite such positive outcomes, Suboxone manufacturers couldn't help but attract criticism. Patient families from all over the US moved courts after experiencing unfavorable side effects of the drug.
The infamous Suboxone lawsuit claimed that the manufacturer, Indivior, always knew about the risks of dental decay associated with the film version (mouth dissolving) of the medicine.
Yet they refrained from disclosing the truth to protect their brand monopoly. Given the rising number of cases citing severe tooth decay, a district court decided to convert them into an MDL (Multidistrict litigation) for speedy judgment.
According to TorHoerman Law, any incident of dental decay or oral infection caused by taking Suboxone is a point of concern. Besides physical discomfort, it calls for substantial financial involvement and emotional trauma due to hefty medical expenses. Thus, such cases stand a valid chance to be presented in court for fair compensation.
The Right to Appeal for Treatment Decisions
Addiction recovery treatment is not a one-size-fits-all method. So, it's normal for some patients to disagree with the treatment plans proposed by their healthcare provider. If they feel an alternative works better, they have the right to appeal against those decisions. This is also in line with the International standards for the treatment of drug use disorders laid down by WHO (World Health Organization).
The right to appeal for treatment decisions can be requesting a second opinion, and opting for a different treatment modality. Patients can even challenge a healthcare provider’s decision wherein access to certain medications has been limited.
For example, a patient might feel better at managing OUD symptoms with Methadone. However, if the healthcare provider has limited access to the medicine, the patient has the right to appeal. It also takes into account a health insurance provider’s refusal to cover the medication cost.
The Right to Employment and State and Local Government Programs
The ADA entitles OUD patients to the same job opportunities, pay, benefits and advancement as anyone else. However, one must qualify for certain conditions.
- The individual should be academically and professionally qualified for the position.
- The individual should not be taking any illegal drugs at the moment. (Use of any other medications as a part of your OUD recovery
- program under a licensed medical practitioner is legal).
- The individual must be applying to a company with 15 or more employees, as smaller companies are exempt.
ADA also protects individuals struggling with OUD from any form of unfair treatment across state and local government services. It includes:
- Housing (comprising any recovery home or halfway house )
- In the criminal justice system, allowing individuals sentenced to prison or admitted to a court supervision program to continue their OUD medication
- Access to education needs across schools, colleges, and universities
Knowing Your Rights as an OUD Patient Is the Crux of Successful Treatment
Whether it's the right to informed consent or challenging treatment decisions, it's always good to know what you are entitled to as an OUD patient. That way, one can easily tackle any discrimination or neglect.
Plus, addiction treatment options are evolving every day. So, as a patient, it makes sense to stay abreast of the latest developments. After all, an empowered patient has the power to contribute to an ethical, compassionate, and successful recovery.