F3 - Understanding Potential Legal Liability for Hospitals When Emergency Departments Do Not Offer Evidence-Based Substance Use Disorder Services

Thursday, November 3, 2022

10:00 AM – 11:30 AM

Location: Holiday 4-6, Level 2

CE: 1.5

Primary Presenter(s)

Sika Yeboah-Sampong, J.D.

Senior Staff Attorney
Legal Action Center
New York, New York

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Co-Presenter(s)

Ellen M. Weber, J.D.

Senior VP of Health Initiatives
Legal Action Center
Washington, District of Columbia

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Learning Objectives:

At the completion of this activity, participants will:

Identify three services that evidence has shown emergency departments (EDs) can offer to patients with substance use-related conditions to improve their substance use-related health outcomes
Summarize the federal laws that require EDs to offer evidence-based services to people with or at risk of SUD
Recognize the three federal regulators that providers and directly-impacted individuals can alert when EDs do not offer evidence-based services to people who present to the ED with substance use-related conditions

Presentation Summary: This workshop explores key federal civil rights laws that emergency departments can violate when they do not offer evidence-based services to patients with substance use-related conditions. Using case studies, attendees will identify common scenarios in which emergency department practices in treating individuals with substance use-related conditions trigger potential legal liability. The workshop also will cover illegal discrimination that people who use drugs encounter in other healthcare settings, including skilled nursing facilities and recovery houses. The workshop is intended to educate attendees about how collaborations between attorneys, community-based providers, peers, and others can increase access to evidence-based substance use disorder treatment.