Medication assisted treatment in prisons can be challenging to facilitate. The gold standard of care includes offering medications for opioid use disorder (MOUD). Methadone, buprenorphine, and naltrexone can reduce the risk of overdose and support recovery. Yet most prisons and jails do not offer these medications. This has been costly: nearly 15% of all former prisoner deaths between 1999 and 2009 were linked to opioids.¹

Here are some steps you can take to ensure your loved one gets the help they need.

Steps You Can Take

Start by reaching out to the prison’s medical or administrative staff. Ask about the availability of MOUD and explain your loved one’s medical needs. Submit any medical records or prescriptions that support the necessity of MOUD for your loved one. 

When requesting medications for opioid use disorder (MOUD) in prison, asking the right questions can help you understand the policies and procedures in place.  

Here are some key questions to ask prison/jail personnel: 

General Medical Care

• What types of medical care are available to inmates? 
• Who oversees the medical care in the facility?
• How can inmates request medical attention? 

MOUD Specific Questions

• Does the prison offer medications for opioid use disorder (MOUD), such as methadone, buprenorphine, or naltrexone? 
• If MOUD is available, what criteria is used so that inmates can receive these treatments? 
• What is the process for an inmate to start or continue MOUD while incarcerated?

Continuity of Care

• How does the prison ensure continuity of care for inmates who were receiving MOUD before incarceration? 
• What is the plan for transitioning inmates to community-based treatment programs upon release?

Documentation and Support

• What documentation is needed from outside medical providers to support an inmate’s need for MOUD? 
• Are there specific forms or procedures that need to be completed for an inmate to receive MOUD? 

Legal and Advocacy

• How does the prison comply with the Americans with Disabilities Act (ADA) in providing treatment for opioid use disorder? 
• What are the steps for filing a grievance if an inmate is denied access to MOUD? 

Safety and Confidentiality

• How is the confidentiality of inmates receiving MOUD maintained? 
• What measures are in place to protect inmates from retaliation if they or their families advocate for medical treatment? 

Resources and Support

• Are there support groups or counseling services available for inmates with substance use disorders? 
• What educational materials or programs does the prison offer to support recovery? 

Communication and Follow-Up

• Who can family members contact for updates on the inmate’s medical status and treatment? 
• What is the best way to communicate with prison medical staff regarding an inmate’s treatment plan? 

Asking these questions can help you gather valuable information and advocate effectively for your loved one’s medical needs. Remember to document all conversations, emails and responses from prison personnel to ensure a clear record of your efforts.

Focus on Your Loved One’s Rights

You may be concerned that asking about MOUD may result in even poorer treatment of your loved one. If that happens, focus on your loved one’s legal rights. The Americans with Disabilities Act (ADA) protects people with opioid use disorder from discrimination. Highlight these protections when advocating for your loved one’s treatment.

You may also wish to talk to an attorney who specializes in prisoners’ rights or healthcare law. They can walk you through legal channels to ensure your loved one receives the appropriate care.

The Legal Action Center offers a toolkit that may be helpful to you and a lawyer. The toolkit includes letters to explain MOUD to courts, support for attorneys, how to address discrimination and more. 

Connect with Advocacy Groups

Reach out to groups like the American Civil Liberties Union (ACLU) and the National Commission on Correctional Health Care (NCCHC). These organizations can provide resources and support.

Use Public Pressure and Media

If private efforts don’t work, raising awareness through media outlets or social media can sometimes prompt action from prison officials. That said, be sure to understand there may be some risks in doing so including retaliation from the prison staff.

Maintain professional and respectful communication with prison staff and officials. Explain the medical necessity and legal basis for your request. Organizations like the ACLU can provide advice on the best course of action and help protect against retaliation.

File Formal Complaints

Use the prison’s formal grievance process to document the issue and create an official record of your request for MOUD. Keep detailed records of all communications and responses from prison officials. 

You can also file complaints with state departments of corrections, the state’s ombudsman, or federal agencies like the Department of Justice. 

By following these steps and understanding the potential risks, you can advocate effectively for your loved one’s right to receive medications for opioid use disorder while incarcerated. If you’re overwhelmed and unsure where to start, you can contact us for support here.