a “focused” Squeaky wheel more often produces results

squeekywheel

Below is a story that was published on National Pain Report abt 10 days ago. I reached out to Cynthia because she seemed to be at her wits end. Mainly because of some hard-headed decision of her health insurer (United Health) not willing to pay for the only medication in a particular class – non -controlled med – that help her optimize her quality of life.  It wasn’t as if the medication was all that expensive abt $50/month. Abt the average price for a month supply of a generic. I reached out to Cynthia and made some suggestions to focus her complaints/appeal to get United Health and I just got a follow up email from Cynthia today… Cynthia – ONE…. United Health – ZERO

Dear Steve,

Delighted to report that on Tuesday United Healthcare approved my appeal! 🙂     
A big THANK YOU, sweet Steve, for your genuine care, concern and assistance in getting this denial reversed. I may have mentioned that I got an attorney on board. That, and working with my doctor’s assistant and you on the appeal did the trick.
I was deeply moved by the many wonderful people who reached out to help. That kindness overturned the arbitrary cruelty of my health insurance company. I just LOOOVE a happy ending. Thank you so much, Steve, for being a part of it ((*_*))
Wishing you a beautiful, stress-free day in Florida…Grace and Gratitude,Cynthia *:x lovestruck  

My Story: Healthcare Companies Causing Pain

www.nationalpainreport.com/my-story-healthcare-companies-causing-pain-8829665.html

By Cynthia Toussaint

Cynthia Toussaint

Cynthia Toussaint

My healthcare company, United Healthcare, is once again making me sick – and I’m mad as hell because I hate to be victimized. How can they arbitrarily take away a medication that’s been successfully working for decades!?

About 30 years ago, I started having severe pain in the left side of my abdomen and throat. This was on the heels of a ballet injury leaving me with excruciating right leg pain that had spread bi-laterally.  Nearly 14 years later I learned that I had Complex Regional Pain Syndrome.

While the leg pain made it impossible for me to dance – and for the most part walk – the abdomen and throat pain was more torturous because it left me unable to sing and even speak. I’m a talker and it was nothing short of hell to be doubled over with abdominal pain when I dared to let a sentence escape. In fact I ended up mute for five years using sign language and writing on a board to communicate with my life-partner and caregiver John.

I was eventually – after several endoscopies and different “crazy” labels – accurately diagnosed with a hiatal hernia which means my upper stomach was literally pushed out above my diaphragm. The pain was always at a level ten during those years as the accompanying acid reflux triggered a CRPS flare.

My GI doctor had me try three high-powered antacids, none of which controlled the reflux or pain and gave me extreme dizziness. He then patted me on the head, saying there was nothing more he could do and that I should stop thinking about it.

In desperation I sought out a young female doctor who was wonderfully caring. Dr. Gorman told me of a more expensive ant-acid medication that I should try. It was a miracle. The Axid immediately took away about 90% of the reflux and pain – and while limited from the CRPS flare, I was talkin’ up a storm again. Fifteen years later, I even began to sing.

Late last year I received a letter from my Medicare Part D provider informing me the generic version of the Axid I was taking (nizatidine) was no longer on their formulary.  I was further informed that I’d have to switch to one of the three generics I’d unsuccessfully tried 30 years prior.

I could either accept one of these offered meds and once again become doubled over in pain and mute – or fight along with my doctor to get a “formulary exception.” I chose to fight. And, boy, did we fight!

On December 22, it seemed victory was at hand when my doctor’s assistant informed me that her office had received an approval for nizatidine. But earlier this month when John went to pick up my script, he was told I was not covered by my insurance company. Yes, they had reversed their own decision without informing me – a practice my doctor’s assistant shared is not uncommon and drives everyone in their office batty!

Clearly we were (and are) battling a rigged system, a healthcare-for-profit scheme that has no concern for me or any patient. It was only about the bottom line. I was scared because I only had two weeks left of nizatidine…and talking.

Since then my doctor has worked thoroughly with me to file two URGENT appeals on my behalf. Both appeals were quickly denied. Worse yet, I got the news from an automated caller. They didn’t even have the decency to have a human being hand down my sentence. Perhaps that would be uncomfortable for them. Perhaps it would cost them money.

I have two days left of talking – and my doctor has put in one final “hail Mary” appeal. Please pray for me…

This is complete, utter madness. We need a law that prohibits health insurance companies from cutting patients off from meds that have given them quality of life and a reason to live for years, even decades. I intend to take up this battle with the legislators I know in Sacramento and DC… assuming I’m able to speak.

Cynthia Toussaint, who founded For Grace, a Los Angeles based non-profit that focuses attention on women in pain, writes occasionally for the National Pain Report.

Majority of IV Medication Errors Linked to Clinical Practice, Not Technology

Majority of IV Medication Errors Linked to Clinical Practice, Not Technology

http://www.infectioncontroltoday.com/news/2016/03/majority-of-iv-medication-errors-linked-to-clinical-practice-not-technology.aspx

Mistakes that occur during the administration of intravenous (IV) medications have long been one of the most common types of errors in hospitals, and for years many experts have believed that advances in technology—such as the use of so-called smart pumps—were the key to solving that problem. However, a new study suggests that eliminating administration errors is far more complex: Sound clinical practices and an adherence to those practices are crucial, as well as achieving true interoperability.

A new multihospital study published online in BMJ Quality & Safety calculated that more than half of infusions of IV medications contained errors—most of which had a low risk of patient harm—and the majority of these errors  were due to deviations in hospital policy.

Based on comparisons with previous studies, the researchers noted that medication-related errors were much lower, providing evidence that the implementation of smart pump technology has, in fact, improved infusion safety. However, the authors concluded that there was still “room for improvement” and that the next steps should focus on reviewing existing practices and policies pertaining to medication administration and achieving smart pump interoperability.

Smart pumps were developed to help reduce adverse drug events and medication administration errors through built-in safety features such as drug libraries and dose error reduction systems. According to a national survey conducted by the American Society of Health-System Pharmacists in 2012, 77 percent of hospitals in the United States use smart pump technology.

To provide insight into the type and frequency of errors that occur after hospitals have implemented smart pump technology, David Bates, MD, senior vice president and chief innovation officer at Brigham and Women’s Hospital in Boston, and a multidisciplinary team of researchers assessed 1,164 medication administrations conducted at 10 hospitals of varying sizes. All of these hospitals utilized smart pumps for infusions, although the pumps came from a variety of vendors.

During the study, 60 percent of infusions contained one or more errors. Violations of IV labeling and tubing change policies, which vary between hospitals, accounted for approximately 65 percent of the observed mistakes.

“Since these errors are not directly related to the use of smart pumps, these finding suggest that smart pump technology alone cannot fully prevent errors associated with intravenous infusions,” the researchers concluded. They went on to say that by characterizing these types of errors, they had identified opportunities to “streamline the intravenous medication administration process to avoid unintended consequences.”

Of the handful of potentially serious errors noted by the researchers, infusing medications at the wrong rate was observed most frequently, followed by administering unauthorized medications and omitting medications. Overall, just five of these errors were considered to possibly be able to cause temporary harm.

According to the researchers, none of the potentially harmful medication errors could have been prevented using current smart pump technology in the absence of interoperability. However, most of these mistakes could be prevented if “closed-loop interoperability between the smart pump and EHR was implemented,” the authors wrote.

In a closed-looped system, smart pumps can be automatically programed with a medication order using the patient’s EHR. Then the nurse must verify the information on the smart pump and accept the data—drug name, infusion rate, volume, and concentration—before the infusion can begin.

This study was funded by the AAMI Foundation from a grant provided by BD, formerly CareFusion, and is the result of a three-year collaboration. Bates presented the preliminary results of this research at last year’s kickoff meeting for the National Coalition for Infusion Therapy Safety.

“This research illustrates that while we have come a long way since our initial conversations about infusion safety at the 2010 AAMI/FDA Infusion Device Summit, there is still more work to do,” says Marilyn Neder Flack, senior vice president of patient safety initiatives at AAMI and executive director of the AAMI Foundation. “Researchers such as Dr. Bates are providing the clinical data that members of the AAMI Foundation’s National Coalition for Infusion Therapy Safety need to find evidence-based solutions.”

Virginia General Assembly passes medical marijuana production bill

Virginia General Assembly passes medical marijuana production bill

http://www.fairfaxtimes.com/articles/health_and_food/virginia-general-assembly-passes-medical-marijuana-production-bill/article_5efcbc40-e7c9-11e5-a75c-3fb151d110ab.html

This week, Virginia’s lawmakers passed a bill which will allow for the eventual production and distribution of low THC marijuana oils in the Commonwealth. After lengthy discussions and negotiations in both houses, SB701, Cannabidiol oil and THC-A oil; permitting of pharmaceutical processors to manufacture and provide, passed the House of Delegates unanimously on Monday. The bill returned to the Senate Tuesday with amendments and passed with a vote of 39-0. The bill now goes to the Governor’s desk for his signature.

“Providing this medication to Virginians is absolutely the right thing to do,” said Senator Dave Marsden, the sponsor of the legislation.“THCa and CBD oils have shown the ability to help alleviate the number and severity of seizures from intractable epilepsy and help so many families live a quality life. This is a huge step for Virginia, a first in the nation concept that will provide the medications in the safest most secure fashion and shows once again that Virginia leads the way.”

“I am pleased to have joined Senator Marsden once again in supporting legislation on this important issue. We must advocate for our most vulnerable Virginians. Passage of SB 701 is one of the many ways this can be done,” said Delegate Eileen Filler-Corn, co-sponsor of the legislation.

Last year’s passage of SB1235 andHB1445 gave intractable epilepsy patients and their caregivers an affirmative defense for possession of two marijuana oils, THCa and CBD used to treat seizures. However, the law provides no way for patients to obtain the oils without breaking federal and state laws. This legislation seeks to create a way to process and provide THCa and CBD Oils for patients with intractable epilepsy by requiring the Board of Pharmacy to create regulations to safely and securely provide the oils. Once the Board of Pharmacy creates the regulations they will be brought back before the legislature next year for final approval. Processing and distribution of the oils would not begin until sometime in 2017

“We are grateful to the Virginia General Assembly for allowing this first step towards helping epilepsy patients and their families obtain a safe and reliable treatment in the Commonwealth without breaking laws,” said Beth Collins, ASA director of communications and outreach. “The passage of SB701 will have a dramatic impact on the lives of patients by further expanding the medical cannabis program to allow access within the state of Virginia to low-THC extracts.”

Virginia is one of 40 states with medical marijuana laws and according to ASA’s latest report on Medical Cannabis Access in the U.S., is one of the seventeen states that limits use to CBD and THCa oils for certain conditions. Activists and legislators from across the country will be discussing these types of laws and other medical cannabis topics at Americans for Safe Access’s 4th Annual Medical Cannabis Unity Conference in Washington, DC later this month.

drug dealer claims that legalizing Heroin will put him out of a job

New York Becomes First State to Legalize Heroin

www.diseasestreatment.info/new-york-becomes-first-state-to-legalize-heroin/

The state of New York made history this week, following on the heels of the wave of marijuana legalizations across the country. Recreational use of heroin will become fully legal in the state by the end of this year.

The decision was met with controversy, but “no more or less than the original decision to legalize marijuana,” Governor Andrew Cuomo stated. The state is still figuring out some guidelines and ground rules for suppliers, such as purity levels, permits, and health code requirements.

One of the major points in making this decision came from the number of dealers and users of the drug who repeatedly end up in New York’s correctional facilities.

 

“By legalizing, monitoring, and taxing heroin, we will not only cut down on inmates and care costs, but also open up a whole new job market,” Cuomo explained. “It’s a good situation all around, especially for taxpayers.”

A program is already in its early stages to rehabilitate and compensate imprisoned heroin dealers to return to society and act as the leading distributors, hoping to speed up this process while simultaneously reintroducing inmates to society.

Some of the decision’s most outspoken opponents, however, have been current dealers.

“Making it legal is a terrible idea,” a dealer, who chooses to remain anonymous, told us. “We don’t want it regulated. We make good money how it is now, but regular guys like me won’t be able to keep up with all the government regulations. This is gonna put me out of a job!”

 Nonetheless, experts estimate this act will drop the state’s debt by as much as 50% in the first year. This may translate into tax cuts, more public projects, better road maintenance, and possibly even government rehabilitation programs for more dangerous drugs like cigarettes.

Doc linked to 3 pt’s deaths… but no controlled meds involved… so no charges ?

Doctor given prison for taking kickbacks to prescribe risky drug

http://www.chicagotribune.com/news/local/breaking/ct-medicare-fraud-kickbacks-sentencing-met-20160311-story.html
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News Local news Breaking News
Doctor given prison for taking kickbacks to prescribe risky drug
Reinstein sentenced

Dr. Michael Reinstein, right, leaves the Dirksen U.S. Courthouse on March 11, 2016, after being sentenced to nine months in prison for accepting almost $600,000 in kickbacks to prescribe a risky antipsychotic drug to thousands of patients in Chicago nursing homes and mental health clinics. (Phil Velasquez / Chicago Tribune)
Jason MeisnerContact ReporterChicago Tribune

A Chicago doctor who was once the nation’s most prolific prescriber of the risky antipsychotic drug clozapine was sentenced to nine months in prison Friday for taking cash, vacation trips and other kickbacks from the drug’s manufacturers.

Dr. Michael Reinstein, the subject of a 2009 Tribune-ProPublica joint investigation, admitted to pocketing nearly $600,000 in benefits over the years for prescribing various forms of clozapine, known as a risky drug of last resort, to hundreds of mentally ill patients in his care.

In rejecting calls by defense lawyers for probation, U.S. District Judge Sharon Johnson Coleman noted that like so many other doctors convicted of fraud schemes, Reinstein served a largely underprivileged group of people who are unable to fend for themselves.

The judge also said that regardless of whether he thought the drug was helping his patients, Reinstein violated the sacred doctor-patient trust by accepting the cash.

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“That is the biggest danger here,” Coleman said. “It leaves a cloud over the patients and their families over whether they were put at some unnecessary risk. All of those questions are in their heads. … When money is inserted into the equation, there is no trust.”
Doctor admits taking kickbacks for prescribing risky drug
Doctor admits taking kickbacks for prescribing risky drug

When he pleaded guilty last year, Reinstein also settled a massive civil lawsuit brought by the U.S. attorney’s office alleging that he submitted more than 140,000 false Medicare and Medicaid claims as part of the kickback scheme. He was ordered to pay more than $3.7 million in penalties to the U.S. government and the state of Illinois.

In addition to the prison time, Coleman ordered Reinstein to forfeit an additional $592,000 and serve 120 hours of community service when he’s released from custody.

Reinstein, 72, of Skokie, showed no reaction to the sentence. Moments earlier, he had stood in the courtroom and apologized for his crime and the embarrassment it caused his family members, many of whom choked back tears in the courtroom gallery.

But as he had in the past, Reinstein defended his use of clozapine, which he said has been unfairly portrayed by prosecutors as dangerous.

“I’ve been working with this medicine since 1971,” said Reinstein, whose medical license was indefinitely suspended by state regulators in 2014. “It has helped many, many, many patients who were not helped by other drugs.”
Feds charge suspended doctor in clozapine kickback case
Feds charge suspended doctor in clozapine kickback case

First licensed in Illinois in 1968, Reinstein built a lucrative practice providing psychiatric care to mentally ill patients in nursing homes concentrated near his strip mall office in the city’s Uptown neighborhood.

The Tribune-ProPublica investigation found that Reinstein had amassed a worrisome record of assembly line care that was linked to three patients’ deaths and triggered lawsuits as well as accusations of fraud. But the federal charges did not include any accusations of patient deaths.

In his plea agreement, Reinstein admitted that, beginning in the 1990s, he prescribed the brand-name version of clozapine to hundreds of his patients while receiving $234,000 from the manufacturer. Reinstein admitted that the payments, ostensibly for speaking engagements touting the drug, were in part for prescribing the drug to so many patients.

When Ivax Pharmaceuticals began making a generic form of clozapine in 2003, Reinstein struck a $50,000-a-year consulting agreement with the company, quickly becoming among its largest prescribers in the country.

Over the next three years, Ivax provided other perks to Reinstein and his associates, including expensive meals, tickets to sporting events and an all-expense-paid trip to Ivax’s headquarters in Miami, where Reinstein went on fishing trips, a cruise and a golf outing, according to prosecutors.

Reinstein faced up to three years in prison but was given a break in his recommended sentence because he cooperated with prosecutors on several other health care fraud investigations, including secretly recording conversations with other doctors, court records show. It was not disclosed whether any of those investigations led to criminal charges.

In asking Coleman for a sentence of a year and half in prison, Assistant U.S. Attorney Eric Pruitt said only 4 or 5 percent of all the patients nationwide who are on antipsychotic drugs are taking clozapine. Meanwhile, the “vast majority” of Reinstein’s patients were on the medication, Pruitt said.

“It is a staggering difference,” Pruitt said.

jmeisner@tribpub.com

Twitter @jmetr22b

20/20 program tonight on Heroin addiction

lmaoABC has been promoting their 20/20 special on BREAKING POINT – HEROIN IN AMERICA

I went to check my local listing on my TIVO  it was suppose to be on at 10 PM (EST) BUT  COLLEGE BASKETBALL PLAYOFFS take over the local ABC affiliate at 7PM and even pushing back the local news till 11:30 PM and the SPECIAL… why it is on at 2:38 AM TOMORROW…  THE MIDDLE OF THE NIGHT

All of that PROMOTION … one year investigation.. and it’s time slot  is being replaced with COLLEGE BASKETBALL

Maybe no one will watch, which will most likely be a over sensationalized piece of regurgitation of DEA propaganda and the FABRICATED OPIATE EPIDEMIC.

We are spending 51 billion/yr to fight this war on drugs and we are suppose to having abt 24,000 dying for (Heroin and legal/illegal use of Rx opiates)… that means that we are spending over TWO MILLION per death. As a nation, we only spend abt $8,500 per capita on healthcare and Pres Obama wants another 1.1 billion added to fighting the war next year.. that is another $46,000/death trying to prevent people with the mental illness of addictive personality disorder from getting on a death spiral and end up dying.. either from a unintentional OD or intentional suicide.

MASS invokes the “final solution” on Medicaid pts

cppsuicidetreeState sets new limits on opioid prescriptions

Local experts fear the pendulum may be swinging too far

http://www.recorder.com/News/Local/State-sets-new-limits-on-opioid-prescriptions

By TOM RELIHAN Recorder Staff
Wednesday, March 02, 2016

Here we have the state “playing doctor” on Medicaid pts.. the most sick and the poorest among us.. the least capable of defending for themselves.   Please note that those in Methadone addiction treatment are EXEMPT from any limitations.

GREENFIELD — New limits on how many opioid painkillers health care providers will be allowed to prescribe to patients who receive insurance through the state’s MassHealth Medicaid program are set to go into effect March 7, and some local experts fear the pendulum may be swinging too far to one side as government agencies struggle to bring a growing heroin and prescription drug abuse problem under control.

The state’s MassHealth program offers health care benefits directly, or by paying part or all of a recipient’s health insurance premiums. According to a recent memo from the state Department of Public Health, the program will reduce the maximum amount of morphine equivalents per day of pain medication that a patient can be prescribed from 240 to 120 milligrams.

This is the second time the limit has been lowered since April 2014, when it was 360 milligrams per day, according to MassHealth spokeswoman Michelle Hillman.

A morphine equivalent dose is a measurement used to compare the potency of different opioid medications, relative to that of morphine, to account for the different ways the body processes each drug.

Hillman said between 2,000 and 4,000 of the 1.8 million MassHealth members may be affected by the new limits.

The department cited the high number of opioid-related overdose deaths in Massachusetts over the past few years, implying a link to high dose prescriptions.

“The new high dose threshold, 120 milligrams MED, is now widely adopted in the medical community, including by the Medicare Part D prescription drug program,” Hillman said. “The threshold was established based on the lack of clinical evidence of long term efficacy of higher doses in light of clear evidence of harm.”

Hillman said providers will be able to override the limit if necessary with the department’s approval.

The changes would also place new regulations on methadone, requiring prior authorization before a person is allowed to begin taking it for pain management.

Hillman said methadone intended to be used in treating substance abuse will not be subject to the restrictions. The drug is commonly used in chemical replacement addiction therapy.

“MassHealth is implementing prior authorization for new patients on methadone when used in the management of pain because of the disproportionate number of opioid overdose deaths associated with it,” she said.

But members of the regional Opioid Task Force, which has been working since 2014 to beat back the growing opioid drug and heroin crisis, said they think the new limits may reflect efforts to stem the overprescription of opioid painkillers beginning to become excessively restrictive at the expense of patients whose conditions are truly helped by the drugs.

Task Force Director Marisa Hebble noted that many who take opioid painkillers don’t become addicted to them and use them to successfully manage chronic pain.

“You don’t want to send people in that direction, but there are a lot of people taking opioids where it’s helpful; not everyone taking them is becoming addicted,” she said. “While it’s important that we look at prescribers, it’s also important that we don’t swing too far and limit those doing well on opioids.”

Dr. Ruth Potee, a physician specializing in addiction at Valley Medical Group in Greenfield, agreed.

“For a lot of patients, their opioids allow them to function, to exercise, to take care of their grandkids,” said Potee. “The vast majority of people who take opioids chronically — like, 80 percent — get benefits from them. They’re not causing harm to themselves or society with them and they’re not addicted to them.”

Potee said most offices now require measures to be put into place to ensure patients don’t become addicted to their medication or begin abusing it. Those take the form of both randomized and routine urine drug screenings and random pill counts, among other practices.

“If you’re getting early refills, something’s wrong,” she said. “You shouldn’t be dose-escalating yourself once you’re on a stable dose.”

Potee said part of the problem is that prescribing pills is often the most available method of managing chronic pain, especially for the primarily low-income segment of the population served by MassHealth, because many insurance providers are typically willing to cover them, but are less willing to pay for other modes of therapy, including massage, acupuncture or somatic functioning healing. Other methods, like physical therapy, are often accompanied by high co-pays.

Thus, placing further limits on opioid prescribing across the board would only serve to further narrow the options chronic pain patients have to manage their symptoms, she said.

“There are so many ways in which our insurance structure in this country has sent us down this path that the only solution for chronic pain is more pills. For so many years, they’ve paid for the pills, and here we are in this situation where we recognize that’s not the only solution. Often times, offices like ours just end up eating the cost to (bring in alternative pain relief options).” she said, noting that Valley Medical has been running free Tai Chi and Yoga classes for that purpose for half a decade.

Potee said she believes the regulations are far too broad for their intended purpose.

“They pretend that these are not complicated living organisms. I see my patients that are doing well on opioids, and I think, what if I had to take that away, what is going to happen to these people?” she said, noting the challenges of trying to wean people down from their current doses over just two months.

MassHealth maintained that the new limits are appropriate for maintaining a balance between access to opioids for pain management and patient safety.

“Given the extent of the opiate crisis in Massachusetts and the emerging standards for safe prescribing, these changes reflect appropriate access to opioids with increased attention on the safety of high doses,” Hillman said.

You can reach Tom Relihan at: trelihan@recorder.com
or 413-772-0261, ext. 264

DEA: STUPIDITY is not a handicap ?

DEA agent parking causes controversy

http://www.local8now.com/content/news/DEA-agent-parking-causes-controversy–371735291.html

KNOXVILLE, Tenn. (WVLT) — People normally don’t park in handicap spaces or fire lanes without the proper identification.

That’s not the case for the parking lot at the Atrium Building.

“I’m just finally tired of it,” said Pete Herriford, Engineering Technician for ARC Automotive.

Herriford works in the building. He said officials with the Drug Enforcement Agency, who also work in the building, are the only ones who disregard parking laws.

“Confronting them doesn’t help, sending them letters doesn’t help, putting signs on their cars doesn’t help.”

According to Herriford, this issue has been going on for years. After multiple attempts to fix the problem, he called Knoxville Police, and still no luck. Local 8 News reached out to KPD, who said, “The “handicapped” spots Herriford refers to are not official handicapped spaces because they are not marked properly. They cannot be enforced due to the improper signage and markings.”

Herriford said, “It’s up to the building owners to enforce tow-aways, and they will not do it because they are afraid of the retribution.”

Herriford added that many of his colleagues are also outraged. He said they won’t speak out against the DEA out of fear for their livelihood.

“It’s just ridiculous,” said Herriford.

Neil Morgenstern, the Special Resident in Charge for the DEA, declined to speak on camera, but told Local 8 News his team parks in the fire zone to closely monitor expensive equipment in the cars.

Local 8 News also spoke to the Knoxville Fire Department, who said the DEA has no business parking in a fire zone, regardless of their reasoning.

“I mean, if we every did have a fire, they have the fire lane blocked, where a large firetruck couldn’t get through there,” said Herriford.

Herriford said he ultimately wants to speak up for those who don’t have a voice. As for the DEA, he said they need to abide by the law.

“I’m not wanting to sir up trouble,” said Herriford. “I just want them to obey the rules; that’s all.”

Pt’s rights… practitioner’s obligations… terminating care

Terminating the Physician-Patient Relationship

http://www.physicianspractice.com/blog/terminating-physician-patient-relationship

Blog | January 24, 2014 | Difficult Patients, Law & Malpractice, Operations, Patient Dismissal, Patient Relations, Risk Management
By Linda Sue Mangels, BSED, MSED

Doctors often get into the field of medicine because they love helping people — their patients. However, from time to time, a patient’s behaviors and actions may require the physician to sever ties. Non-compliance with the treatment plan, rude, abusive behavior, repeatedly not showing up for appointments, drug-seeking behavior, and non-payment of services rendered are all reasons physicians terminate their patient relationships. A good relationship/partnership between the physician and patient is essential for optimal treatment outcomes. If, for whatever reason, it is not possible to establish this partnership, it is best for the patient to seek treatment elsewhere.

However, a physician can’t simply stop providing care to a patient. In fact, once the physician-patient relationship is established, the physician must continue to provide care to the patient to avoid allegations of abandonment until one of the follow occurs:

1. The patient terminates the physician-patient relationship.

2. The patient’s condition no longer requires the care of this particular physician.

3. The physician agreed to treat only a specific condition or agreed to treat only at a specific time or place.

4. The physician terminates the physician-patient relationship by notifying the patient in writing of withdrawal from care after a specific time which is stated in the letter. The patient is also given information necessary to obtain their medical records or transfer to another provider.

Linda Sue MangelsLinda Sue Mangels If the physician decides to terminate care through a letter, it should be certified with return receipt requested and regular mail. If the certified letter is returned, it should be placed in the patient’s file unopened. Scheduling staff should be told that the patient has been terminated and instructed not to schedule them should they attempt to make further appointments.

It is not necessary to give the patient a reason for the termination but providing one often prevents the patient from reaching back out to ask why. In the termination letter, if the patient’s condition requires continued medical care, it is recommended that this be clearly stated with the risks of not continuing treatment/care identified. For example: “Your condition requires continued medical treatment/care. The risks of not continuing your medical care include, but are not limited to, the following…” Then, list the potential risks. A copy of this letter should be kept in the patient’s medical record.

Depending on the availability of physicians in the specialty required and the patient’s ability to access care from another provider, the termination window is generally 15 days to 30 days. During this time, the terminating physician continues to provide emergency care and prescription refills.

When a physician in a specific specialty is the only one available within a reasonable distance, the relationship may need to continue until the patient finds another doctor. This needs to be taken into consideration. The physician should not provide the patient with a specific name of another physician, but provide them with a physician referral source, such as the patient’s health plan for a list of physicians, the local medical society, or a physician referral service.

According to the AMA’s Council on Ethical & Judicial Affairs, a physician may not terminate the relationship as long as further treatment is indicated without sufficient time to make other arrangements for necessary care. Additionally, in the rare situation of an acute episode of illness, the transfer of care may be physician to physician to avoid any lapse in continuity of care.

Some managed care plans limit the physician’s ability to terminate the patient relationship. The physician should review the patient’s health plan/HMO contractual guidelines for discontinuing care of a patient and promptly notify them. This will avoid breach of contractual issues and/or violation of laws governing HMOs.

The physician-patient relationship can be terminated for any non-discriminatory reason with proper notice. It is best to do so as cordially as possible.

Linda Sue Mangels, BSED, MSED, CPHRM, is senior risk management / patient safety specialist for the Cooperative of American Physicians. E-mail her here.

The information contained within this blog, on this website, is made available for educational purposes to give general information, and not intended to provide specific legal advice for individual circumstances or legal questions. By using this blog site you understand that reading this post does not establish attorney-client relationship between you and the author (attorney) or her company. Furthermore, this blog is not a substitute for legal advice from an attorney, and you should not act upon information contained in the blog without seeking the advice of a professional attorney in your state.
– See more at: http://www.physicianspractice.com/blog/terminating-physician-patient-relationship#sthash.ocEB5hd6.dpuf

It is stated that 80% of meth comes from south of the border

DEA: Mexican meth flooding across the border

http://news4sanantonio.com/news/local/dea-mexican-meth-flooding-across-the-border

LAREDO, TEXAS — The Feds are actively making meth busts along the border. In the last week they seized over $500,000 worth of meth, weighing nearly 50 pounds. Eighteen pounds of it came in liquid form, which is a new tactic smugglers are using.

“Of all the meth here in America, the DEA says 90 percent of it came from across the border over in Mexico. Mexican super labs are able to create a form of meth that’s so pure and so cheap that Americans can’t seem to get enough of it.”

Growing up in a small Texas town outside of San Antonio, Mandy Jo Myers felt she was always missing something in her life.

“I grew up with low self-esteem my entire life, this feeling of just like uselessness.”

She smoked pot, she drank, but that void was never filled. When she was 19, she tried meth for the first time.

“I just felt like I could do anything and everything and the world was my oyster,” she says in reminiscing laughter.

That was in the early 2000’s, a time James Reed, Assistant Special Agent in Charge at the DEA office in Laredo remembers as when most meth was locally made and locally consumed.

“It was a drug that was associated with blue collar type workers,” Reed says.

The so-called Meth Act of 2005 regulated the sale of over-the-counter ephedrine and pseudo-ephedrine, a key ingredient to meth, which helped curb the addiction. At least temporarily.

According to the Texas Department of Health, after 2006, the number of people seeking publicly funded treatment for meth had been trending downward.But just recently demand is picking back up, and Mexican drug cartels are taking notice.

“The chemicals are readily available from China where the Mexican producers obtain them from,” Reed says.

For the first time ever in 2015, the amount of people seeking help in Texas surpassed 8,000, it also contributed 416 deaths last year in Texas. In 1999, 16 died from meth.

Reed says super labs in Mexico are making 90% pure meth in mass quantities, 100’s of pounds at a time, and smuggling it into America. Something most American labs can’t keep up with.

“The Mexican drug cartels are taking advantage of the fact that we have an addiction problem in the US.”

According to the DEA Drug Threat Assessment, meth’s availability in the southwest has spiked since 2013, the highest in the country.

“Now it’s a drug used in all demographics.”

It’s coincided with an increase in meth busts along the border too.

“We can’t just arrest ourselves out of this situation; we have to address this on a multi-tiered front.”

He says it’s a combination of enforcement and education, education from people like Mandy Jo, who’s four years clean. She works at a treatment facility.

“My best day high is not as good as my worst day sober.”

It’s the unlikeliest of teams. Once the demand stops, so will the meth flowing across our border