Lackawanna County officials deny allegations the county bars use of medications to treat opioid addiction
Jun. 5—Lackawanna County officials say a federal lawsuit wrongly alleges the county court system has a blanket policy that bars offenders with opioid use disorder from using certain medications to treat their addiction.
The lawsuit, filed by the U.S. Department of Justice in federal court in Philadelphia, alleges Pennsylvania's judicial system and several counties, including Lackawanna and Luzerne, are violating the Americans with Disabilities Act for prohibiting offenders under court supervision from using medication assisted treatment options, including methadone, buprenorphine and naltrexone.
In an interview Monday, Lackawanna County Judge Michael Barrasse, who oversees the county's drug court, and Barbara Durkin, director of the Lackawanna/Susquehanna Office of Drug and Alcohol Programs, said there may be instances in which an individual defendant is not approved for the medications, but there is no blanket policy against their use.
"I have no clue where that is coming from," Barrasse said, noting there are several medical providers who regularly attend drug treatment court sessions to report on the status of clients using the medications.
The DOJ lawsuit was originally filed in February and named only the state judicial system and as a defendant. The suit sought to hold the state court system responsible for allowing county courts to implement the policies in violation of the ADA.
Lackawanna County Court and the court systems in Jefferson, Blair and Northumberland counties and state Supreme Court were added as defendants in an amended lawsuit filed on May 22. The amended suit cites issues in court systems in Luzerne and six other counties as well, but does not name them as defendants.
The amended suit cites the case of a Lackawanna County man who was jailed in 2019 for violating his probation for using buprenorphine to treat his opioid addiction. The suit says the man, who is not identified by name, sought permission to use the medication, but was denied. He defied the order, fearing he would relapse.
The suit also cites a May 2022 meeting at which unnamed treatment providers said officials with Lackawanna County's adult probation department advised them that they viewed the use of opioid use disorder medications as "exchanging one drug for another" and would treat the use as a probation/parole violation.
In Luzerne County, the suit cites a policy adopted on Feb. 18, 2022, that says anyone taking a "known, addictive controlled substance," including methadone and buprenorphine, is ineligible for any of its special treatment courts.
Attempts to reach court and drug and alcohol officials with Luzerne County for comment Monday were unsuccessful.
Barrasse said Lackawanna County's policy allows people under court supervision to use opioid use disorder medications so long as they are prescribed by one of several court approved providers. That policy is designed to ensure participants are not abusing the system by going to "pill mill" physicians who write prescriptions without examining patients.
"My concern was always who was prescribing it," Barrasse said. "Every case has to be reviewed to ensure it's done properly."
As for the person who was issued a probation violation, Durkin said she can't determine what happened because the person is not identified. She said she suspects the person likely began using the medication without first getting court approval.
"All individuals on probation, especially on any of the problem solving courts such as DUI Court, are fully aware of those rules and know what will occur if they do not follow the rules," she said.
Contact the writer: tbesecker@timesshamrock.com; 570-348-9137; @tmbeseckerTT on Twitter.
