Mental health/addiction problems .. no one is exempt !

Ex-cop who helped police with addiction dies in CVS parking lot

http://www.palmbeachpost.com/news/cop-who-helped-police-with-addiction-dies-cvs-parking-lot/86uQQsMugPqhFA9ZPYnALN/

One of the BIGGEST things that our bureaucracy professes as the MEANS to keep people from abusing some substance and becoming addicted.. is EDUCATION…  It is hard to argue that this cop was very knowledgeable about substance abuse and addiction and yet he succumb to his genetic inclination of becoming addicted to Heroin… Shouldn’t we look at this example as a STRONG SUGGESTION that EDUCATION is not a end all…be all… to stop abuse/addiction to some substance ? 

A 28-year veteran with the Palm Beach County Sheriff’s Office, Terry Marvin used to bust drug dealers for a living. He later helped open a treatment center to help first responders with addiction problems.

But Marvin also battled his own addiction demons for years. On June 23, 2015, he died in his Chevy Camaro in front of a CVS pharmacy in West Palm Beach after overdosing on heroin. He was 56.

Click to read the special report“I knew Terry’s drug of choice was alcohol. How the hell did he get to heroin? That’s like leaping football fields,’’ his friend Sean Riley wrote in a blog post, “but with the disease of addiction there is no logic, excuses or explanations for the things we do.’’

 
 
 
 

 

Doctor fills us in after feds search office

FBI & DEA AT OFFICE_frame_13063.jpg

Doctor fills us in after feds search office

http://news4sanantonio.com/news/local/doctor-fills-us-in-after-feds-search-office

SAN ANTONIO- A local doctor fills us in on why his practice was raided Tuesday by the FBI and Drug Enforcement Administration or DEA. Dr. Javier Bocanegra and his attorney say the allegations and investigation by the DEA and FBI are not directed at him or his medical practice.

“My patients, they are part of my practice and I want them to continue to trust me because they have trusted me up until now and I will do the right thing for them every single day,” said Dr. Javier Bocanegra with Community Family

Dr. Javier Bocanegra says the DEA and FBI’s joint investigation regarding allegations of over billing and prescription fraud have nothing to do with him personally or anyone at his practice.

“There was no allegations against me, I specifically asked them, do you have any charges against me and they said no,” said Dr. Bocanegra.

Instead he says that 3 companies who provided services to his patients are being investigated.

“They provide compounding medications, those are the local medicines you apply to areas of arthritis, injuries and usually patients that can’t tolerate or are at risk if they take like ibuprofen or Aleve,” said Dr. Bocanegra.

The DEA is not going into any details as to what they are looking into, but simply confirm a search warrant was issued Tuesday morning at Community Family Health. We were there as patient files were removed from the office. Dr. Bocanegra says they have between 8 and 10 thousand active patients right now.

He says he has always practiced legally and nothing will change going forward.

“I know with my insurance, they have billed it correctly because I look at the statements,” said patient Sandra Demaree.

“I am very careful especially when they change the classifications of medications, I follow that, I go by the medical practice act almost by the book, because I don’t want to lose my license I have worked too hard for it,” said Dr. Bocanegra.

The DEA also raided a doctor’s office in Corpus Christi on Tuesday. The DEA says it is an ongoing investigation and they do not know if this raid is linked to the one here locally.

Daughter Says Untreated Pain Led to Mother’s Suicide

marsha2Daughter Says Untreated Pain Led to Mother’s Suicide

www.painnewsnetwork.org/stories/2016/11/16/daughter-blames-doctors-for-mothers-suicide

By Pat Anson, Editor

Suicides are never easy to accept. Especially if they involve a loved one. Even more so if they could have been prevented.

Lacy Stewart says her mother never would have killed herself if she’d been given proper medical care for her chronic fibromyalgia pain.

“I feel angry about the way she was treated,” says Stewart, a registered nurse who believes the healthcare system not only failed to treat her mother, but drove Marsha Reid to suicide at age 59.

“Her life was taken from her is the way I feel,” says Stewart. “I know it was. A person can only handle so much pain for so long. It takes its toll on every area — your mind, your body, everything. And she just couldn’t do it anymore. She’d had enough. Because nobody would help her. Nobody.” 

Stewart says her mother was fit and physically active – handling all the chores at her 10-acre farm in north Texas — until she slipped on ice and landed hard on her face in 2009. Reid broke a few teeth and sustained nerve damage in the fall — injuries that evolved into the classic symptoms of fibromyalgia: chronic widespread pain, anxiety, fatigue, insomnia and depression.

“Of course she sought out help. Searching for doctors that would take her on, she encountered road block after road block. Many doctor’s offices would just flat out say, ‘We don’t take fibromyalgia patients,’” recalls Stewart.

“So you take that and couple it with the fact that pain medication is often required for these patients and now the CDC has regulations that deter a physician from wanting to prescribe pain medication at all and you end up here. Zero help for a woman suffering day in and day out for all these years. She lost her job, her home, her independence.”

In January, Reid checked into a hotel room and tried to kill herself by taking a full bottle of Xanax. The failed suicide attempt left Reid even more depressed and her health deteriorated further. She started having hallucinations, hearing voices and seeing dead people.

In July, Stewart drove her mother for five hours to see a pain management doctor.

“I was appalled at the treatment from the physician. We explained the pain and the issues with her mind, and he said he could only treat one or the other. Not both! Not the whole patient! When I brought up pain medication you would have thought I had asked him for heroin,” says Stewart.

“I’ll never forget the conversation I had with him in the hall on the way out. I looked him in the eye and said the pain is so severe she will kill herself! It’s only a matter of time. He basically said his hands were tied because of the regulations and what I was asking was for him to lose his license! I was furious and felt betrayed by the field I loved, medicine.”

One treatment was suggested for her mother.

“They wanted her to go to water aerobics,” said Stewart. “The woman could barely take a bath and they wanted her to go to water aerobics! I read in the CDC (opioid) prescribing guidelines that they wanted doctors to use alternative measures for pain relief such as water aerobics and physical therapy. They never spent a day in pain in their lives, obviously. Because then they would know that is ridiculous. It’s almost a joke to me, the guidelines that I have read.”

Crisis in Pain Care

In recent months, Pain News Network has been contacted by dozens of pain patients who say they are contemplating suicide. It’s not just the difficulty in getting opioid pain medication. The growing crisis in pain care has reached a point where many patients are unable even to get a doctor’s appointment.

“I have been on a wait list for pain treatment for a year now. I am suffering needlessly and am questioning my ability to be able to live like this much longer,” said Isabel Etkind, a Connecticut woman who suffers from severe arthritis pain.

“I don’t want to die but I can’t live like this either. I know that many other people are experiencing the same thing, but knowing that does not really help! It is inhumane and cruel to treat people this way. If I were a dog, cat or horse, the animal rights people would be all over it, but torturing humans is OK. As is usually the case, the elderly, the military and the poor are suffering the most.”

Another woman, who suffers from chronic back pain, asked that we not use her name. She works in the emergency room of a hospital in southern California that recently adopted a policy of not prescribing opioids unless all other pain treatments have failed.

“Since November 1, we have seen a huge increase in overdoses from street drugs. Nearly all of these patients are chronic pain sufferers who are now getting their medications off the streets. A 33-year old fibromyalgia patient died from fentanyl overdose this week,” she wrote to PNN. “I understand the desperation these patients feel and try to educate the ER doctors about chronic pain from a layman’s point of view. This new effort to stigmatize and demonize chronic pain sufferers has got to stop!

“We have full time jobs, pay mortgages, raise families. All this, while in levels of pain that normal people couldn’t handle. We hate having to be chained to pill bottles and doctors and pharmacists. What other choice do we have? Curl up and die? I hope the new Trump administration will appoint people to DEA and CDC who will think of us as humans and help us instead of hurting us.”

Suicides Increasing

According to the CDC,  suicides increased by 24 percent from 1999 to 2014, and are now the 10th leading cause of death in the United States.  

In 2014, nearly 43,000 Americans killed themselves, three times the number of deaths that have been linked to prescription opioid overdoses.  

Marsha Reid died of a self-inflicted gunshot wound on November 2, leaving behind a grief stricken daughter who will always wonder if things would have turned out differently if her mother had gotten the pain treatment she needed

“She talked about this a lot, about suicide. That was her plan. She couldn’t deal with this much longer. And that’s what breaks my heart the most is that I was unable to help,” says Lacy Stewart.

“Just mention the heartache she has left behind. Because if another fibromyalgia patient is out there contemplating this and they come across this story, I want it noted that I lost my mom forever and I’m 32 years old. And I’ll never have her back.”

Iowa veteran takes his life after VA has him wait for treatment

Iowa veteran takes his life after VA has him wait for treatment

JOHNSTON, Iowa — He was a son, a father, a boyfriend and a veteran. After serving two tours in Iraq as a combat engineer, 32-year-old Curtis Gearhart found love and friendships. What he didn’t find was timely help from the V.A., reports WHO.

Gearhart took his own life on Monday, Nov. 7.

He had sought help from the V.A. nearly two months ago after experiencing recurring headaches.

“He previously had a tumor. He was worried about it and they told him it would be five to six weeks,” Gearhart’s girlfriend Valesca Steffens told WHO. “They send these soldiers over so young to fight these wars and then they don’t live up to their promises of taking care of them when they come home.”

CLICK HERE for Gearhart’s full obituary.

Less than 24 hours before he was laid to rest, Steffens found out she was pregnant. She says the news is bittersweet but will allow his memory to remain.

“I hope someday I’m gonna be able to look into his eyes again and that’s a lot to look forward to,” she said.

After hearing about Curtis Gearhart’s death from WHO-TV, Sen. Joni Ernst responded saying:

The loss of Curtis Gearhart is truly tragic and my prayers are with Curtis, his family and friends at this time. We absolutely must ensure our men and women who have selflessly sacrificed in defense of our freedoms receive the quality, timely care they deserve.  I am looking into what happened between the VA and Curtis, and what steps can be taken to prevent such tragedies in the future.”

Many States Have Legalized Medical Marijuana, So Why Does DEA Still Say It Has No Therapeutic Use?

Many States Have Legalized Medical Marijuana, So Why Does DEA Still Say It Has No Therapeutic Use?

http://www.forbes.com/sites/ritarubin/2016/11/16/many-states-have-legalized-medical-marijuana-so-why-does-dea-still-say-it-has-no-therapeutic-use/#fe4723d35a1e

More than half the states–28, to be exact–including Arkansas, Florida and North Dakota as of the Nov. 8 election, and the District of Columbia have legalized marijuana for certain medical conditions.

And yet, the Drug Enforcement Administration still classifies marijuana as a Schedule I drug, defined by the 1970 Controlled Substances Act as a drug that has a high potential for abuse and no accepted medical use (emphasis is mine) in the United States. Other Schedule I drugs include heroin, LSD and ecstasy.

Only the Food and Drug Administration can determine whether marijuana has an accepted medical use, according to the DEA, and so far, it hasn’t. Because marijuana is a Schedule I drug, doctors can only “recommend” it to patients, not write prescriptions for it that they can fill at a drugstore.

But Congress has the authority to reclassify controlled substances, and the president can ask his attorney general, who oversees the DEA, or his Health and Human Services secretary, who oversees the FDA, to initiate rulemaking to reclassify them, Brookings Institution senior fellow John Hudak told me.

 Don’t expect Congress or the Donald Trump administration to take those steps, though.

The closest Congress has come recently were identical bills introduced in early 2015 in the House and the Senate, neither of which came up for a vote. The Compassionate Access, Research Expansion and Respect Status, or “CARERS,” Act, which had bipartisan support, would have reclassified marijuana from Schedule I to Schedule II, which includes drugs such as morphine and oxycodone that have a high potential for abuse but also have an accepted medical use. The CARERS Act also would have amended the Controlled Substances Act to say that its provisions related to marijuana did not apply to people complying with state medical marijuana laws.

And while Democratic presidential nominee Hillary Clinton said she would reclassify marijuana as a Schedule II drug, Trump was vaguer during the campaign. At a rally a year ago, he said only that “I think medical should happen” when asked about marijuana.

I’ll prescribe whatever you want and loose my license and just retire

stevemailboxHi Steve wanted to let you know what happened, strange appointment indeed. It started with us discussing the results from a foot specialist he had sent me to see concerning my good foot. They found my other talus is collapsing due to 22years on crutches and overuse. They have a surgery scheduled for the 8th of Dec. Then I brought up the medication and the enzyme test, also that the CDC doesn’t even have RSD, CRPS, or Causalgia listed on their site. He told me it was the government and they lump all chronic pain together and that the DNA swab test didn’t matter to them. I asked if he could make an exception because of the amount of pain involved with RSD and the results from the test proved I needed the amount of medication that I’ve been on 22years. I was calm the entire conversation but all of a sudden he said f*** it I’m tired of arguing with every patient I’ll prescribe whatever you want and loose my license and just retire. I reminded him I wasn’t arguing but this was about the quality of the rest of my life. He apologized and agreed that I wasn’t arguing but all patients were asking the same. It ended with him giving me my regular script but he said it was still going to be lowered. I understand his frustration with all other patients wanting to keep their meds but was surprised at how he treated me. I’m not sure what to expect next month. Thanks again for your time and help.

Ninth Circuit Considers Limits to DEA Access to Oregon Prescription Drug Monitoring Program

Ninth Circuit Considers Limits to DEA Access to Oregon Prescription Drug Monitoring Program

http://www.natlawreview.com/article/ninth-circuit-considers-limits-to-dea-access-to-oregon-prescription-drug-monitoring

Summary

On November 7, 2016, the US Court of Appeals for the Ninth Circuit heard arguments in Oregon Prescription Drug Monitoring Program v. United States DEA, No. 14-35402 (9th Cir. 2016). Here, the Drug Enforcement Administration (DEA) sought to overturn a ruling that the DEA’s use of administrative subpoenas to access records from the Prescription Drug Monitoring Program (PDMP) violates the Fourth Amendment, resulting in potentially wide-ranging implications.

In Depth

On November 7, 2016, the US Court of Appeals for the Ninth Circuit heard arguments in Oregon Prescription Drug Monitoring Program v. United States DEA, Case No. 14-35402 (9th Cir. 2016). The Drug Enforcement Administration (DEA) sought to overturn a US District Court for the District of Oregon ruling that the DEA’s use of administrative subpoenas to access records from the Prescription Drug Monitoring Program (PDMP) violates the Fourth Amendment (the District Court Case).

The case has potentially wide-ranging implications. Every state except Missouri currently maintains a PDMP. PDMPs maintain detailed records of controlled substances prescriptions filled by pharmacies, the physicians who prescribed the drugs and the patients who use them. Pharmacists and prescribers are expected to check the PDMP when filling and writing prescriptions, respectively. PDMPs are designed as a tool to improve health outcomes and to reduce prescription drug abuse. 

In creating the PDMP, the Oregon legislature classified information uploaded into the PDMP as “protected health information” subject to disclosure only upon issuance of a court order based on probable cause. O.R.S. §192.553. Under the federal Controlled Substances Act (CSA), however, the DEA may issue administrative subpoenas which may be executed without a court order.

The district court case originated with the State of Oregon’s request for a declaratory judgment on whether the DEA’s use of administrative subpoenas to access records in the Oregon PDMP was barred by the Oregon requirement for a court order finding probable cause be obtained for law enforcement access, or whether the CSA pre-empted the state’s requirement. The American Civil Liberties Union (ACLU) intervened on behalf of four patients and one physician, asserting that the use of administrative subpoenas to access the PDMP violated these individuals’ Fourth Amendment rights to privacy and against unreasonable search and seizure.  The DEA responded that there is no privacy interest in the prescription records and that the Supremacy Clause preempted the state requirement.

US District Judge Ancer L. Haggerty ruled that patients and physicians have a reasonable expectation of privacy for their prescription records, noting that, “It is difficult to conceive of information that is more private or more deserving of Fourth Amendment protection.” The district court consequently held that DEA’s use of administrative subpoenas to obtain prescription records from the PDMP violates the Fourth Amendment, and that a court order would be required for such access.

Before the Ninth Circuit, the DEA argued that the “administrative subpoenas” are valid and sufficient, and do not require a court order.  As a secondary position, the DEA stated that a finding of “reasonableness and relevance” should be the standard if a court order were required at all, as opposed to a finding of probable cause.

The Ninth Circuit panel questioned both the standing of the ACLU to intervene as well as the district court’s decision to grant the relief that the intervenor—as opposed to either party—had requested.  The ACLU emphasized that it had raised a distinctive argument, as opposed to a separate claim.

The ACLU argued that the PDMP database contains “extraordinarily sensitive information” about people and their diagnoses, which was the reason that the Oregon legislature established specific privacy protections. The ACLU also noted that the DEA directs the state not to tell patients or prescribers if their information is the subject of a subpoena so they would have no way of knowing that their privacy rights may have been violated.

The lawyer for the DEA dismissed the ACLU’s claim regarding heightened privacy expectations, noting that both state and federal law anticipate that the database prescription information “may be shared with others—from regulatory boards to law enforcement officials and health oversight authorities.”  One member of the court stated that it struck him as odd that the federal government would instruct a state not to notify a doctor or patient who is the subject of a DEA subpoena, noting that it did “not strike [him] as a very good way to run a system.”  The DEA responded that administrative subpoenas are similar to grand jury subpoenas and are used in the course of a civil or criminal investigation when the investigators do not wish to tip off the subject of the inquiry.

In addition to these arguments, the American Medical Association filed a “friend of the court brief” in support of the state of Oregon, seeking to protect patient prescription data from becoming a “law enforcement tool” without “stringent legal requirements for disclosure.”

The Ninth Circuit’s decision could be significant both for privacy advocates and for law enforcement. If the court were to affirm the district court’s ruling, the DEA would presumably be required to meet the standard of probable cause in order to obtain records from PDMPs and from registrants (e.g., pharmacies). Logically, the ruling could have implications for other law enforcement agencies and for similar medical records.

Trump push to combat drug trade may mean starting with China, not Mexico

The Associated Press

Trump push to combat drug trade may mean starting with China, not Mexico

http://www.foxnews.com/politics/2016/11/16/trump-push-to-combat-drug-trade-may-mean-starting-with-china-not-mexico.html

Cutting the drug trade from China is a GOOD THING… however… unless we start treating those who are suffering from the mental health issue of addictive personality disorder… less supply on illegal drugs on the street will mean HIGHER STREET PRICES… suggesting that there will be more local crime as those people buying those drugs have to find an additional source of income to afford supporting their habit.  If we started treating those who are substance abusers… the drug cartels will have few customers, fewer local crimes, fewer pharmacy robberies.

If President-elect Donald Trump wants to fulfill his campaign promise of stemming the flow of drugs coming across the United States’ border with Mexico, he may want to start by looking at China.

Manufacturers and organized crime groups in the world’s most populous country are responsible for the majority of fentanyl — the synthetic opioid that is 50 times more potent than heroin — that ends up in the U.S. and the majority of precursor chemicals used by Mexican drug cartels to make methamphetamine, according to numerous published U.S. government reports.

“The Mexican cartels are buying large quantities of fentanyl from China,” Barbara Carreno, a spokesperson with the U.S. Drug Enforcement Administration (DEA), told FoxNews.com. “It’s much easier to produce than waiting around to grow poppies for heroin and it’s incredibly profitable.

The DEA estimates that a kilogram of fentanyl, which sells for between $2,500 and $5,000 in China, can be sold to wholesale drug dealers in the U.S. for as much as $1.5 million and that the demand for the drug due to the prescription opioid crisis in places like New England and the Midwest have kept the prices high.

What is fentanyl

  • Fentanyl is a synthetic opioid, 50 times more potent than heroin, that’s responsible for a recent surge in overdose deaths in some parts of the country. It also has legitimate medical uses.
  • Doctors prescribe fentanyl for cancer patients with tolerance to other narcotics, because of the risk of abuse, overdose and addiction, the Food and Drug Administration imposes tight restrictions on fentanyl; it is classified as a Schedule II controlled substance.
  • The DEA issued a nationwide alert about fentanyl overdose in March 2015. More than 700 fentanyl-related overdose deaths were reported to the DEA in late 2013 and 2014. Since many coroners and state crime labs don’t routinely test for fentanyl, the actual number of overdoses is probably much higher.

Trump, along with numerous other presidential hopefuls, promised while on the stump in states hard-hit by drug addiction to quickly tackle the widespread use of drugs like fentanyl and heroin. While heroin addiction has been a concern for decades, in recent years the number of users of heroin and fentanyl — and its more potent derivatives like carfentanil — has skyrocketed as the government clamps down on the abuse of prescription opioids like OxyContin and Percocet.

“We’re going to build that wall and we’re going to stop that heroin from pouring in and we’re going to stop th

e poison of the youth,” Trump said during a September campaign stop in New Hampshire.

The problem with cracking down on fentanyl and its derivatives is that while these substances may be banned in the U.S., they may not be illegal in their country of origin. China, for example, only last year added 116 synthetic drugs to its controlled substances list, but failed to include carfentanil – a drug that is 10,000 times more potent than morphine and has been researched as a chemical weapon by the U.S., U.K., Russia, Israel, China, the Czech Republic and India.

“It can kill you if just a few grains gets absorbed through the skin,” Carreno said.

While Mexican cartels obtain these substances in large quantities through the murky backwaters of the Chinese black market, anybody with a credit card and Internet access can call one of the numerous companies in China’s freewheeling pharmaceutical industry that manufactures fentanyl and its more potent cousins.

Earlier this year, The Associated Press found at least 12 Chinese businesses that said they would export carfentanil to the United States, Canada, the United Kingdom, France, Germany, Belgium and Australia for as little as $2,750 a kilogram.

Besides synthetic opioids, Chinese companies are also producing massive amounts of the precursor chemicals used to make methamphetamine.

As the methamphetamine industry evolved over the last decade or so from small, homegrown operations in

the U.S. to the super-labs run by Mexican cartels, cooks and producers of the drug have begun to rely more and more on China for their ingredients. Mexico now supplies 90 percent of the methamphetamine found in the U.S., and 80 percent of precursor chemicals used in Mexican meth come from China, according to a study by the U.S.-China Economic and Security Review Commission.

“China is the major source for precursor chemicals going to Mexico,” David Shirk, a global fellow at the Washington, D.C.-based Woodrow Wilson International Center for Scholars, told FoxNews.com. “The problem is finding who the connection is between organized crime groups in China and organized crime groups in Mexico.”

Shirk added that law enforcement and drug war experts generally have a good picture of the major players in Mexican organized crime, but the Chinese underworld is less well mapped and it is more difficult to pin down the major players in the drug trade there.

Despite U.S. efforts to crackdown on both the fentanyl and methamphetamine trades, U.S. government officials acknowledge that much of the onus lies with the Chinese. Chinese state officials take allegations of drug-related corruption seriously, launching investigations when deemed appropriate, but a U.S. State Department report found that drug-related corruption among local and lower-level government officials continues to be a concern.

When he takes office in January, Trump has a few things working in his favor in respect to combatting the drug trade.

One is the continued fracturing of some of Mexico’s largest and most powerful drug cartels. The Sinaloa Cartel, for example, was seen for years as an impenetrable drug organization until cracks began to appear in its armor following the re-arrest earlier this year of its leader, Joaquín “El Chapo” Guzmán, and the power struggle that ensued.

“When the violence goes up, business always goes down,” Shirk said.

Another factor that will help Trump’s war on drugs is U.S. anti-drug officials claim that their work in collusi

on with their Chinese counterparts is already helping greatly. Six months after China added a slew of synthetic drugs to its controlled substances list, monthly seizures in the U.S. of acetylfentanyl — a weak variant of fentanyl — were down 60 percent, the DEA reported.

 “We’re continuing to work with the Chinese to see if they might control more of these substances,” Carreno said. “When they put controls on these substances it makes a huge difference.”

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Lawsuit faults Colorado Medicaid for restrictions on hepatitis C treatments

death_panelLawsuit faults Colorado Medicaid for restrictions on hepatitis C treatments

americanmediainstitute.com/investigations/511014077-lawsuit-faults-colorado-medicaid-for-restrictions-on-hepatitis-c-treatments/

Colorado’s Medicaid agency was hit with a federal lawsuit last week claiming it illegally restricted treatments for thousands of low-income hepatitis C sufferers.

The American Civil Liberties Union filed the class-action lawsuit in federal district court despite a pivot earlier this month by the health agency to expand access to new life-saving drugs. The new drug rules, which the ACLU says do not go far enough, take effect Saturday.

The lawsuit was filed on behalf of a low-income Denver resident, Robert Cunningham, who was diagnosed with the communicable disease more than a decade ago but has recently been denied access to direct-acting antivirals, a new class of drugs used to treat hepatitis C.

Some of the new therapies can cost $40,000 or more for a 12-week prescription. The new drugs, however, have fewer side effects than the medications used to treat hepatitis C prior to 2013, the lawsuit said.

Other states, including Illinois, in recent months have moved to expand the number of hepatitis C patients who have access to the new drugs. In May, a federal district court ordered the state of Washington’s Medicaid agency to make most enrollees with hepatitis C eligible to receive the new prescription drugs.

If left untreated, hepatitis C can cause serious liver damage and even death.

It is most common among baby boomers and those who inject drugs, and kills more people in the United States than any other infectious disease, according to the Centers for Disease Control and Prevention. 

For years, the Colorado Medicaid program, now called Health First Colorado, required those with hepatitis C to have advanced liver scarring before they could receive the new drug therapies, according to the ACLU’s lawsuit. The Colorado program used to require patients to have a liver fibrosis level of “F3” or higher to qualify for the new drugs, but that score has now been relaxed to “F2.”

“The department estimates that the 70 percent of our Medicaid population that has hepatitis C has a fibrosis score of F2 or above,” said Marc Williams, a spokesman for the Colorado Department of Health Care Policy and Financing.

Williams said this doesn’t mean that everyone with a score of F2 or higher — some 10,000 Coloradans — would be eligible for the new drug treatments, which have a cure rate of more than 90 percent. The updated policy also lists other requirements, such as enrollment in a substance abuse treatment program for at least one month if the person has a history of drug or alcohol abuse.

“While someone with an F2 score would likely satisfy the other criteria, there may be some who don’t, so we’re careful to avoid blanket statements,” Williams said.

ACLU officials said that low-income Colorado residents are being denied the hepatitis C treatments despite a federal law requiring state Medicaid agencies to foot the bill for such medically necessary drug therapies.

“We are challenging a policy that forces Coloradans who cannot afford private insurance to live with the serious negative health effects of hepatitis C and to wait for a cure, possibly for years, until they have suffered measurable and potentially irreversible liver damage,” Mark Silverstein, the ACLU of Colorado legal director, said in a prepared statement.

The new drug therapies, which have been approved by the Food and Drug Administration, are covered by the Veterans Administration, Medicare and the vast majority of private health insurers in the state, the ACLU lawsuit said.

“We believe that there is no medical justification for the restrictions we are challenging,” Silverstein said in an email to AMI Newswire. “We believe the agency’s rationale must be based on cost, which we contend is not a legitimate or legal justification.”

ACLU officials said the Colorado agency’s policy shift to allow patients with an “F2” fibrosis score to receive the new drugs does not go far enough.

“The latest policy change is a half-step that falls short of what the law requires, which is full access to medically necessary treatment for all patients with hepatitis C,” Sara Neel, an ACLU staff attorney, said in a prepared statement.

The ACLU lawsuit also contends that, in the long run, expanding the use of the new drugs will be cost-effective. Curing the disease earlier will preclude paying for ongoing treatments that would have been needed had the disease been allowed to progress and cause additional liver damage, the lawsuit said.

Silverstein said no court hearing has been set and that the Colorado health agency has 20 days from the time of being served to respond.