Shawn Landau was suffering from a diabetic ulcer on his left foot when he entered Good Samaritan Hospital in August 2020. One year later, the hospital had to amputate his left leg. A new lawsuit, filed last month by the Legal Action Center on behalf of Landau, alleges the Rockland County hospital discriminated against Landau due to his struggles with a substance use disorder. The hospital's decisions contributed to his need to amputate his left leg, the lawsuit says. The lawsuit also alleges the hospital twice refused to treat the New City resident with methadone, a common drug used to treat opioid use disorder, causing him to go through painful withdrawal symptoms like nausea, cold sweats and vomiting under their care. Landau’s case is a stark reminder of the discrimination people who suffer from substance use disorders face within healthcare, according to the Legal Action Center. “The hospital’s actions made me feel like my healthcare wasn't being taken seriously because I have a substance use disorder,” Landau said. “For a hospital, which should be focused on improving the health and quality of life for all of its patients, to discriminate against me and threaten all of the hard work I have put into my recovery is painful.” The complaint details how Landau was repeatedly denied home-based antibiotic treatment via a peripherally inserted central catheter. It also says Landau was informed that “he was a junkie” and that it was hospital policy to deny the at-home intravenous treatment to people with a history of substance use disorder. The decision forced Landau to seek daily antibiotic treatment in outpatient care, which caused him to put pressure on his foot. “The pressure contributed to those infections not healing, and his leg was eventually amputated,” his lawyer Rebekah Joab told POLITICO. The hospital told POLITICO it cannot comment on active litigation. “There's so much work going on to stop the overdose crisis and ensure that people don't die,” Joab said. “But there's this huge ironic roadblock to progress within the healthcare system and that's what the case highlights.” IN OTHER NEWS: — The U.S. Department of Health and Human Services proposed new staffing requirements to nursing homes earlier this month. The requirements would mandate all nursing homes to provide “a minimum of 0.55 hours of care from a registered nurse per resident per day” as well as “2.45 hours of care from a nurse aide per resident per day.” Across the country, only about one in five facilities would be in compliance with new requirements, according to KFF. But in New York, similar requirements were already introduced more than a year ago, despite fears the rules would cause a “system collapse.” Now the Empire State is being used as an example by organizations pushing against the proposed federal requirements. “In New York state, which implemented a staffing mandate in 2022, members are trying desperately and can’t meet the mandate,” said James W. Clyne Jr., president of LeadingAge New York. LeadingAge represents nonprofit nursing homes around the country and is pushing against the proposed regulations nationally. “We can’t compete in this marketplace. We’re not Taco Bell. If we don’t have staff, we can’t stop serving breakfast. We’re 24/7. The only thing you can do is shut down beds,” Clyne said. ON THE AGENDA: — Tuesday, 10 a.m. to 3 p.m., New York State’s Opioid Settlement Fund Advisory Board will meet. — Tuesday through Thursday, Cantor Fitzgerald will hold its annual Global Healthcare Conference. — Thursday, 10:30 a.m. to 1 p.m., New York State’s AIDS Advisory Council will meet. — Friday, 3 p.m. NYC Health + Hospitals’ Accountable Care Organization will hold a board of directors meeting. GOT TIPS? Send story ideas and feedback to Jason Beeferman at jbeeferman@politico.com and Maya Kaufman at mkaufman@politico.com. Want to receive this newsletter every weekday? Subscribe to POLITICO Pro. You’ll also receive daily policy news and other intelligence you need to act on the day’s biggest stories.
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