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  1. #1
    Join Date
    Feb 2014
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    USA
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    90

    Default Can a Rehab Facility Deny You Your Prescription Medications

    My question involves public health law in the State of: Florida: checked my self into rehab, they said they have a addictions track and anxiety track for therapy. They don’t and I have narcolepsy but energy drinks are considered contraband, talked my friends dad who’s a surgeon and he said they could potentially interact with medication. I asked for coffee because I felt like I was gonna pass out, I was denied it. Coffee had been shown not to negatively interact with medication, I’ve had to defy their orders of me going to external treatment groups for addiction and anger management. One of the therapist threatened me to call my trustees to have my money cut off, told her if she intervenes again I’ll sue her. They have a sleep study, if the doctor prescribes xyrem they said they won’t give it to me because it’s ghb. It has proven effective to treat narcolepsy, they ordered a sleep study without my consent. Hire an attorney? Violations of the ada go for 55-150k, how does that get divided up in Florida?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Is the ADA Being Violated Here

    I’m not seeing anything here that indicates the facility illegally discriminated against you because of any disability. You don’t have an inherent right to any particular drugs or stimulants and assuming that they applied the same restrictions to all patients I’m not seeing any discrimination against you, whether based on disability or otherwise. What is your argument that illegal discrmination took place?

    Note that even if the facility violated the ADA, when it comes to suing a place of public accommodations (e.g a customer suing a retail store, theater, medical practice, or other business) under the ADA all you can sue for is an injunction to prevent the establishment from continuing the discrimination. You cannot win money damages for this. This is one of the big differences in the ADA between discrimination cases by employees against employers, in which the employee may seek money damages, and an ADA discrimination claim against a business as a customer, in which the customer may not seek money damages and instead is limited to the injunction.

    Even in the case of an employee suing for money damages the amount the employee wins is based on the actual financial losse the employee can prove was suffered as a result of the discrimination. An employee does not win a huge judgment for very little financial loss. In short, this is not something that will give you a windfall of free cash.

    Your history of posts suggests you actively look for things to litigate. I think you’ll find most of that to be a fruitless quest.

  3. #3
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Rehab Facility Deny You Your Prescription Medications

    Rehab facilities have rules about intoxicants, including caffeine and energy drinks, and also have rules about medications not approved by their own doctors -- because without those rules, many clients will engage in behaviors that are disruptive to rehab or use substances at levels that interfere with recovery. If you want to know what accommodation a rehab facility will offer for a medical condition unrelated to your addiction, you need to clarify the policy before you go to rehab. You may find a rehab facility that is willing to properly and carefully administer an appropriate medication for narcolepsy, but don't expect to find one that allows you to control your own medications or to self-medicate.

    If you do not do your research in advance, you should not be surprised to learn that the facility is not prepared to accommodate your desire to bring in your own medications or to self-medicate, nor should you expect them to simply take you at your word that you have a medical condition and "need" large doses of stimulants, whether or not they're prescribed by an outside doctor.

    If you're repeatedly breaking the rules of the rehab program, eventually you should expect to be asked to leave.

    You can't undergo a sleep study without your consent. You're hooked up to numerous sensors and an EEG, for goodness sake. That doesn't happen without your cooperation.

  4. #4
    Join Date
    Jun 2014
    Posts
    3,212

    Default Re: Can a Rehab Facility Deny You Your Prescription Medications

    When you enter a facility for treatment. You agree to their treatments. You are no longer under your treating doctors care as long as you are an inpatient. Other doctors decide what medications you can and cannot take.

  5. #5
    Join Date
    Nov 2015
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    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Can a Rehab Facility Deny You Your Prescription Medications

    I'll break it down even farther. If you don't like the treatment and you're there voluntarily then leave. It's that simple.

    As to the "discrimination", there is nothing there if the rules are evenly applied.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Rehab Facility Deny You Your Prescription Medications

    checked my self into rehab,
    so check yourself out and find a rehab center that suits your desires.

  7. #7
    Join Date
    Feb 2014
    Location
    USA
    Posts
    90

    Default Re: Can a Rehab Facility Deny You Your Prescription Medications

    Quote Quoting Mr. Knowitall
    View Post
    Rehab facilities have rules about intoxicants, including caffeine and energy drinks, and also have rules about medications not approved by their own doctors -- because without those rules, many clients will engage in behaviors that are disruptive to rehab or use substances at levels that interfere with recovery. If you want to know what accommodation a rehab facility will offer for a medical condition unrelated to your addiction, you need to clarify the policy before you go to rehab. You may find a rehab facility that is willing to properly and carefully administer an appropriate medication for narcolepsy, but don't expect to find one that allows you to control your own medications or to self-medicate.

    If you do not do your research in advance, you should not be surprised to learn that the facility is not prepared to accommodate your desire to bring in your own medications or to self-medicate, nor should you expect them to simply take you at your word that you have a medical condition and "need" large doses of stimulants, whether or not they're prescribed by an outside doctor.

    If you're repeatedly breaking the rules of the rehab program, eventually you should expect to be asked to leave.

    You can't undergo a sleep study without your consent. You're hooked up to numerous sensors and an EEG, for goodness sake. That doesn't happen without your cooperation.
    Iím being denied the ability to work now also, do what your saying is that I can have a injunction forcing them to give me medications but unless itís employment then I canít receive monetary damages. Iím ok with that, o honestly just want to be ok. Now if they violate the injunction, thatís civil and criminal?

  8. #8
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can a Rehab Facility Deny You Your Prescription Medications

    You aren't going to get a court to order the treatment facility to change their rules or policies.

  9. #9
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Rehab Facility Deny You Your Prescription Medications

    Quote Quoting D-town
    View Post
    I’m being denied the ability to work now also, do what your saying is that I can have a injunction forcing them to give me medications but unless it’s employment then I can’t receive monetary damages.
    The court won't issue an order to give you specific drugs. The judge is not a doctor, after all. However, if you succeeded in proving that the facility was illegally discriminating against you (and so far nothing you have said suggests that it is) then the court would order the facility to end the discrimination.

    Quote Quoting D-town
    View Post
    INow if they violate the injunction, that’s civil and criminal?
    In general, it is a civil matter.

  10. #10
    Join Date
    Feb 2014
    Location
    USA
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    90

    Default Re: Can a Rehab Facility Deny You Your Prescription Medications

    Quote Quoting Taxing Matters
    View Post
    The court won't issue an order to give you specific drugs. The judge is not a doctor, after all. However, if you succeeded in proving that the facility was illegally discriminating against you (and so far nothing you have said suggests that it is) then the court would order the facility to end the discrimination.



    In general, it is a civil matter.
    So, basically check out and find another facility?

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