Page 31 - Mar2019_BarJournal

we find that any number of attempts at substantially limits any one or more of their
sobriety will likely be thwarted by a patient major life activities is generally considered 1 https://www.drugabuse.gov/drugs-abuse/opioids/opioid-
being forced to return to an unstable to be disabled under the ADA. Major summaries-by-state/ohio-opioid-summary
2 http://opiatecollaborative.cuyahogacounty.us/en-US/The-
position in the community. The evaluation life activities include working, eating, Epidemic.aspx
of this social stability is based upon an sleeping, speaking, concentrating, and 3 http://opiatecollaborative.cuyahogacounty.us/pdf_
analysis of social determinants of health. communicating. Whether or not a major OpiateCollaborative/en-US/Sept18HeroinFentanylCocaine.pdf
The Secretary’s Advisory Committee on life activity is substantially limited by the 4 Chaudhary, J., Marple, K.,& Bajema, J. (2018, March) The
Opioid Crisis in America & The Role The Medical-Legal
Health Promotion and Disease Prevention addiction should be construed broadly in Partnership Can Play in Recovery (Issue Brief 1). Retrieved from
defines social determinants of health as favor of expansive coverage by the Act. An https://medical-legalpartnership.org/wp-content/uploads/
2018/02/MLP-and-the-Opioid-Crisis.pdf.
the conditions in which people are born, individual currently engaging in the illegal 5 Secretary’s Advisory Committee on Health Promotion and
5
grow, live, work, and age. The purpose of a use of drugs is not protected under the Act; Disease Prevention Objectives for 2020. Healthy People
2020: An Opportunity to Address the Societal Determinants lEgal aId COrnEr
medical legal partnership is to address those however, this exclusion from protection of Health in the United States. July 26, 2010. Available from:
social determinants of health with civil legal does not apply to the use of a substance http://www.healthypeople.gov/2010/hp2020/advisory/
SocietalDeterminantsHealth.htm
assistance. Outside of the environment in under the supervision of a licensed 6 United States Department of Health and Human Services,
which those with substance use disorders healthcare professional, or in accordance Office for Civil Rights. “Drug Addiction and Federal Disability
Rights Laws.” Fact Sheet. October 25, 2018.
live, a major factor working against those with uses authorized by Federal laws. This
in recovery is social stigma. Civil legal provision protects those participating in a
services may be able to assist by enforcing medication-assisted treatment program. It Jennifer Kinsley is an attorney at The Legal
the Americans with Disabilities Act (ADA) also protects those individuals who have Aid Society of Cleveland and one of two
to protect these individuals. successfully completed or are currently attorneys who work full-time with St. Vincent
Drug addiction becomes a disability participating in a supervised drug Charity Medical System in a medical-legal
under Section 504 of the Rehabilitation treatment program and are no longer using partnership. Medical providers work as a team
Act, the ADA, and Section 1557 of the drugs illegally. with Ms. Kinsley to improve health outcomes
Affordable Care Act when the addiction The provision of civil legal aid with the and create stability in patient lives. She has
substantially limits a major life activity. This intention of restoring stability to those in been a CMBA member since 2013. She can
6
means that any individual with a substance recovery provides motivation for sobriety be reached at (216) 861-5500 or jennifer.
use disorder or opiate use disorder that and encourages an end to the opioid crisis. kinsley@lasclev.org.
Andy Storar
VOTE Andy Storar

OSBA PRESIDENT-ELECT

PROVEN LEADER, TRUE COMMITMENT.

• Experienced, in touch Practicing Attorney
Since 1981
• Provide regular service to the Bar Family
for 25+ years
• Focus on increasing Membership, Diversity,
Inclusivity, and Younger Lawyers
• Collaborate with Bars and Organizations
throughout Ohio
• Continued Improvement in Services to all
Ohio Attorneys
• Support Ohioans by Supporting,
Proposing and Opposing Legislation as
the situation Dictates

FOR MORE INFORMATION: PSELAW.COM/VOTE-ANDY-STORAR-FOR-OSBA-PRESIDENT-ELECT

March 2019 Cleveland Metropolitan Bar Journal | 31