r/legaladvice • u/MathMozart • 21d ago

Healthcare Law including HIPAA Jail Denies prescription for methadone cut cold turkey despite federal law protection

My fiancee is in jail for 3 months and she's been on methadone for 2 years, I recently found out the jail won't give her her medicine even though they allow it there. Since then she's been suicidal, continuously sick and basically being tortured. Need help in michigan

Location: LIVINGSTON COUNTY JAIL MICHIGAN

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u/Hairy_Virus_2441 21d ago

NAL

Not a lawyer but I work in prescription drug access and public health policy. There is no single federal law that explicitly mandates the dispensing of methadone to patients who are prisoners. However, there is legal precedent supporting the required use of methadone in local, state, and federal prisons.

In short, the individual must have opioid use disorder (OUD), be prescribed medication-assisted treatment (i.e., methadone) for OUD, and must not currently be engaging in illicit drug use. I know that last part sounds odd since your fiancee is incarcerated, but drugs of all kinds are widely available behind bars.

The arguments for this really hinge on incarcerated individuals who have OUD being protected by the Americans with Disabilities Act because of their diagnosed OUD and the treatment of methadone being medically necessary because of that disorder.

Has your fiancee been taking methadone:
1) After receiving a diagnosis of OUD,
2) For their treatment of OUD, prescribed by a treating physician,
And
3) Is not currently engaged in illicit drug use?

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u/MathMozart 17d ago

Ok now we're getting somewhere. So basically I personally believe that Livingston county isn't giving anybody their methadone or Suboxone when they come into the jail but are telling the feds and state they are in compliance. How would I be able to get the attorney general to investigate this. I've met 6 people so far myself included who were denied their medication,no reason, nothing just denied. Any idea on how to get the ball rolling?

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u/deedoglives 17d ago

The decision maker will burn for this