“No matter what kind of education is out there, people are still using it.”

emptyhead

Federal drug agency sees rapid rise in heroin use

http://www.patriotledger.com/article/20150526/NEWS/150527587/12662/NEWS/?Start=1

Federal official say the rapidly growing appetite for heroin in cities like Boston is creating lucrative drug markets and drawing the attention of drug traffickers happy to meet the demand.

In an annual threat report on heroin, the federal Drug Enforcement Administration said heroin is rapidly overtaking other substances, including prescription pills, as the greatest drug threat for police to contend with, particularly in the Northeast.

The agency said heroin is available in greater quantities, is being used by more people, and is killing far more of them than it did just a few years ago.

The report, released Friday, was based on a survey of more than 1,000 law enforcement officials across the country.

It’s conclusions came as no surprise to police on the South Shore, who have been on the front lines of what many have seen for years as an opiate crisis.

Quincy police Detective Lt. Patrick Glynn, a drug enforcement expert who has led the push to arm police and firefighters with drugs that can reverse an opiate overdose, said many more addicts in Quincy have turned to heroin in recent years as the supply of prescription painkillers, some of which include a synthetic version of the opiates in heroin, have dried up.

“It’s much more difficult to access pills on the street than it was, and heroin is much more prevalent,” he said.

That shift is playing out across the country, according to the DEA survey, which found that law enforcement officials are now more likely to identify heroin over any other drug as the greatest drug threat. That includes prescription drugs, which peaked in the survey two years ago but have fallen off as more officials became concerned about heroin.

Officials have good reason to be concerned. The National Center for Health Statistics reported in March that the rate at which people were being killed by heroin had tripled between 2010 and 2013, when 8,257 people died from overdoses in the U.S.

In Massachusetts, state health officials estimate that more than 1,000 people died of heroin and prescription drug overdoses last year, including 88 in Norfolk County and 85 in Plymouth County.

The number of people using heroin in the United States is increasingly rapidly as well, nearly doubling from 161,000 in 2007 to 289,000 in 2013, according to the national Survey on Drug Use and Health. Officials on the South Shore have also reported a rapid increase in heroin use here.

“There’s so many more users now, and we’re seeing it so much more frequently,” Marshfield Police Chief Phillip Tavares said.

Federal drug officials say traffickers are working hard to meet that demand.

In the DEA report released Friday, the agency said black tar heroin and brown powder heroin are showing up more regularly in eastern U.S. markets as Mexican traffickers try to move in on Columbian traffickers who have traditionally supplied those areas with white powder heroin. The DEA said traffickers are particularly interested in the “largest, most lucrative heroin markets” in eastern U.S. cities like Boston, New York City, Baltimore, Philadelphia and Washington, D.C.

Page 2 of 2 – Glynn, the Quincy drug detective, said he hasn’t seen any black tar heroin, but brown powder heroin has become more common in the city in the last couple of years.

“It goes in cycles,” he said.

Glynn said the spike in heroin use in recent years is partly the unintended result of law enforcement efforts to crack down on “pill mills” and loose prescribing practices, which he said have made it harder for addicts to get their hands on drugs like oxycodone. The price of heroin has also fallen dramatically since the 1980s, while the drug itself has become more potent.

While police officials are increasingly seeing heroin as one of the biggest threats in their communities, Glynn said many people outside law enforcement still see prescription painkillers – which serve as an introduction to opioids for most people who go on to become heroin addicts – as relatively harmless. He said he said that dangerous misconception is partly responsible for the rapid growth in opioid use.

“It’s just sad to see that happening,” he said. “No matter what kind of education is out there, people are still using it.”

Neal Simpson may be reached at nesimpson@ledger.com. Follow him on Twitter @NSimpson_Ledger.

When “THE CURE” causes a condition to go from bad to TERRIBLE ?

Medication hard to come by for some pain sufferers

http://ravallirepublic.com/news/local/article_540ed0fe-019a-11e5-a4c8-47b86b056cd0.html

FLORENCE – In Florence, there are two men whose lives are caught up in the growing effort to rein in the illegal use of prescription painkillers.

Last year, Dr. Chris Christensen’s “cash-only” clinic was raided by federal drug agents armed with a search warrant alleging he had over-prescribed massive amounts of pain pills to his patients.

His highly publicized case has helped add a new layer of scrutiny to the challenging issue of properly managing prescription medications.

Gary Snook is a 62-year-old Bitterroot Valley man who has never found himself on the wrong side of the law.

And yet almost every time that he goes into a pharmacy to pick up the opiates he desperately needs to keep his horrific pain at bay, he feels like a criminal.

“The last time I tried to get my meds filled in Missoula, I was turned down at three different pharmacies,” Snook said. “I can’t go into an emergency room. They won’t treat me there. Yet when my pain flares, it’s so bad that I could die from a heart attack or stroke.”

Snook suffers from a relatively unknown malady called adhesive arachnoiditis that causes unbearable chronic pain.

Ironically, it struck after physicians applied a series of steroid epidurals to his back in an effort to quell the pain he suffered following surgery for a bulging disk.

The arachnoid membrane that surrounds his spinal cord was accidentally punctured. That triggered an inflammation, which in turn produced scar tissue that adhered to the nerves of his spinal cord.

Those nerves are supposed to float freely inside the spinal cord. The nerves of a person with arachnoiditis swell up like overcooked spaghetti and either stick to the inside of the canal or stick to each other. The end result is chronic pain that Snook said is beyond words.

“You’re not really in pain,” he said. “You are in agony. It feels like you’re up to your neck in boiling oil. How bad is it? It’s suicidal kind of pain.”

Snook requires high doses of narcotics to keep the pain in check. He sought out one of the most renowned intractable pain physicians in the country, Dr. Forest Tennant of West Covina, California, for treatment.

But even after he has the prescriptions in hand, Snook struggles to find a pharmacy that will fill them.

With people being charged with a felony for the possession a single pill without a prescription and pharmacies facing additional scrutiny for any unusually large dispersion of opiates, Snook worries about the day when he can’t find a pharmacist willing to help him.

“I’m not a drug addict,” he said. “I’m drug dependent. The only crime that I’ve committed is that I’m sick. I can’t really figure out this concern over opiates. The only thing that they do for me is give me pain relief.

“Sometimes I feel like I’m living in a rerun of ‘Reefer Madness,’ ” he said. “Do people really think that if I take an opiate pill that I’m going to burglarize my neighbor?”

“The people who are suffering like I am are not going to sell their pills, no matter what,” Snook said. “The people who have these problems do everything they can to ensure that there’s no diversion. They need their medication to survive one day to the next.”

Not that many years ago, Snook was a successful businessman who rarely missed a day of work due to illness. He and his brother built a successful construction company known for its ability to tackle large and complex projects.

That’s now a distant memory. He calls his life today “a true horror story.” Without a heavy dose of narcotics to keep constant pain under control, Snook is certain that he won’t survive.

“Imagine someone with stage four cancer who can’t get their meds,” Snook said. “No one would say that’s right. The pain we suffer is far worse.”

Tennant has been treating people with severe chronic pain since the 1970s.

Chronic pain is usually defined as any persistent or intermittent pain that lasts for more than three months. Many patients suffering from chronic pain can be treated with alternative methods like surgery, nerve blocks, physical rehabilitation or weak opioids.

But, Tennant said, there is a small segment of the population inflicted with incurable, extremely painful conditions that don’t respond to any intervention.

Their pain is intractable.

About a dozen states, including California, Oregon and Washington, have recognized the plight of this small group of people. Those states have passed laws that allow certified physicians to legally prescribe opioids to help those patients address that intractable pain.

“You always have these outliers in every medical diagnosis,” Tennant said. “They are the one in a thousand. You have your worst case of diabetes or worst case of migraine. Gary is one of those outliers. They are poorly understood because they are somewhat rare in the population.”

These outliers can’t be treated by a general practitioner.

“Unfortunately, today there are drug addicts who are masquerading as patients with intractable pain,” Tennant said. “Unless a doctor is well trained, those patients can fool you. If that happens, it’s understandable that the medical board will ultimately have to step in and address that issue.”

On the other hand, Tennant said many states – like Montana – don’t have well established guidelines that determine when a physician is up to the task.

“All states need to face the music and develop specialists like me,” he said. “Patients don’t understand the difference. They think any doctor should be able to help them, but they are asking for something above and beyond what’s normal. Right now, both sides are throwing arrows and neither side is right.”

“Opiates are all bad,” Tennant said. “Who really wants to have to take them? There’s really nothing good about any drugs, but someone has to prescribe them. Someone has to stock them.”

In Helena, Dr. Mark Ibsen has come under scrutiny after he began treating pain patients around 2011. Many of those had been dropped by their regular physicians.

The State Board of Medical Examiners is currently considering sanctions against Ibsen for his alleged over prescription of narcotic pain medications.

Ibsen said the process has been agonizing and costly.

“It’s been two years and there is still no ruling for me,” he said. “It’s been a hard thing for my family and my business. On the other hand, pain patients have been flocking to me because of the publicity. The word is out that I won’t abandon them.”

Ibsen said many of his patients tell him their physicians have backed away from prescribing the pain medication that they have required for years.

The former emergency room doctor said this issue isn’t confined to Montana.

With the current focus on cutting down illegal use of prescription drugs, Ibsen said physicians and pharmacists alike are “just terrified” to treat patients with chronic pain.

“I wasn’t afraid to take on some of these challenging cases,” he said. “It began as a trickle, but it became a flood. I expected that someone would step up to help, but instead everyone stepped back.

“All of a sudden you have patients out there dealing with severe pain and you can’t kick those cases down the road anymore,” Ibsen said. “There’s no one left down the road.”

Ibsen said he feels like he’s become the heir apparent to Dr. Christensen.

“That case has a certain amount of inertia to it,” he said. “I think I’m basically their next guy. They need to have some evil person to unseat.”

Terri Anderson of Hamilton believes the medical establishment needs to look elsewhere in its attempt to address the issue of pain in America.

Anderson also suffers from adhesive arachnoiditis caused by misplaced steroids in her spine.

She lost her civil engineering career with the U.S. Forest Service because of it and will rely “on high-powered opioids” for the rest of her life to address the “suicide-level pain” that’s been caused.

In her comments on the proposed national pain strategy being developed by the U.S. Department of Health and Human Services, Anderson said federal regulators and policy makers must recognize the underlying problem that’s causing the need for opioids in the first place.

“Preventable medical harm is the third leading cause of death, and I have no doubt it is one of the leading causes of disability in our country,” she wrote. “Interventional pain physicians use the fear of opioid prescribing to fuel their profitable epidural steroid injection mills.”

Anderson said she had to fight for an honest diagnosis of her ailment.

In her current position as a union representative, she said she fights for injured Forest Service workers.

“Too many employees are being coerced to submit to dangerous epidural steroid injections for back pain without knowing the risks,” she wrote. “The bodies are piling up in social media. These patients will never work again and now they are being denied opioids for their intractable pain.”

With over 100 million Americans currently suffering from chronic pain, Anderson wrote the new national pain strategy acknowledge that preventable medical harms is a major contributing factor.

“These unsustainable levels of injuries from risky interventional pain procedures will break the bank,” she wrote. “HHS/NIH must implement a strategy to first stop the bleeding as the injury rates are unsustainable to taxpayers.”

When do they cross the line of professional discretion to pt/senior abuse ?

 

Marijuana Legalization May Get Boost, DEA Backs Off

carlin

Marijuana Legalization May Get Boost, DEA Backs Off

As many have been fighting for the legalization of marijuana in all states of the U.S., they may get a boost in their fight, as the DEA has stated now that they are going to be backing off of a focus on marijuana. So far few states have completely legalized the drug, including Alaska, Colorado, Washington, and D.C., with Texas recently passing to decriminalize marijuana. As many states continue to avoid legalization, it seems that events just keep pushing for it. As marijuana is considered to not specifically harm users, and most believe that the drug should be treated just like alcohol, many are still wondering why states have not just thrown in the towel on their fight against it.

Chuck Rosenberg is the new incoming DEA chief, after Michele Leonhart resigned following DEA accusations of involvement with drugs and prostitution. With a new man coming into the game, the DEA will certainly be facing some changes. Rosenberg states that one of these changes is that the DEA will no longer be focusing on marijuana, especially as states are lowering their penalties against use and possession of the drug.

Rosenber believes that as chief, he needs to reclassify drugs, and money could be better spent sending out agents with a focus on heroin, cocaine, and psychedelic drugs. He states that the focus of the DEA will be on the other more dangerous drugs, especially as his views are different than that of former chief Leonhart’s on weed. Leonhart, according to sources, believed that marijuana was a dangerous drug and that it offered no value, medically or otherwise.

However, states that have legalized marijuana for use by residents would say otherwise. Not only have researchers worked to prove that the drug has medical benefits, they also have well reaped the monetary benefits. States that have legalized sales of the drug are bringing in millions in tax dollars. D.C. is the only place that has legalized that does not see this reward, as they only legalized the personal growing and intake of weed, but did not set up their own dispensaries, or legalize public sales.

This measure will give a boost to the marijuana industry and to the fight for legalization, as with the DEA backing off of criminalizing those who use the drug, states may see that even some government organizations believe there is no harm in it. Though the recent statements made about the DEA alone are not enough to persuade states to go through with legalization, the recent move by a committee of the Senate may also help in the matter. The Senate Appropriations Committee passed a bill last week that would allow doctors to prescribe and recommend use, medically, without repercussions.

The “yes” vote affects veterans, and will now prohibit the Department of Veterans Affairs from interfering in or criminalizing doctors prescriptions of medical marijuana to veterans. One of the most surprising turns is that one Democrat, Dianne Feinstein voted yes on the bill, when she has voted no for everything related to it in the past. Those who fight for legalization of the drug are hoping that this means that Senators are starting to be more lenient toward use.

Though this hardly means that marijuana use will be legal for anyone, in any state, it is a big boost in the fight for legalization, which will see the DEA backing off of pursuing criminalization of the drug, and will possibly start seeing the Senate passing more drug reforms for weed. According to sources, the Senate passed five reforms last year in 2014 that affected laws on weed. As more events seem to take place regarding a more lenient view of marijuana by the government, perhaps state officials will soon begin to feel the same way.

Opinion by Crystal Boulware

Sources:

The Free Thought Project: New DEA Chief Retreats On War Against Weed, Says DEA Will No Longer Focus On Marijuana

SF Gate: A surprising ‘yes’ vote from DiFi on medical marijuana use

being a pharmacist a challenging, well-paid, respected profession ?

Jennifer Buth blew the whistle on Medicare fraud by her employer, PharMerica. Her lawsuit under the False Claims Act led to a $31 million settlement between the company and the federal government.

Fraud case leaves PharMerica whistle-blower bitter, seeking new career

http://www.jsonline.com/news/waukesha/fraud-case-leaves-pharmerica-whistle-blower-bitter-seeking-new-career-b99504865z1-304880361.html

Jennifer Buth thought being a pharmacist would be a challenging, well-paid, respected profession that would let her help people safely manage pain and illness.

She also quickly learned the dark side of the job.

Shortly after returning to Wisconsin from Florida with a doctorate in pharmacy, Buth was robbed twice in a month. When Walgreens wouldn’t transfer her to a different store, she quit.

She found work at a Sam’s Club pharmacy, then was recruited to PharMerica’s Pewaukee operation, where the national firm filled prescriptions for institutions such as nursing homes.

As the managing pharmacist, she earned six figures and supervised a dozen people. She took her ethics very seriously, and when it became apparent her bosses weren’t as concerned about cleaning up the operation, she called federal regulators.

The government later sued PharMerica for fraud, saying it illegally dispensed drugs such as OxyContin and fentanyl with little control or accounting — or even a doctor’s prescription — and falsely billed the government.

PharMerica earlier this month agreed to settle the case for $31 million. As the whistle-blower who started the action with a private False Claims Act lawsuit back in 2009, Buth and her attorney are entitled to $4.3 million.

But the payoff’s not why Buth, 35, just quit her latest pharmacist’s job, she said.

“It’s not been what I thought it would be,” she said in her attorney’s office, holding her sleeping daughter, Addison, on her chest. “I need a break from the profession. I’m too bitter.”

She said after taxes and attorney’s fees, her whistle-blower’s share — paid out over four years — will still ensure Addison can pay for college someday and let Buth try a new career, but it won’t let her retire.

She said she’s still got grad school loans and a mortgage on the house she bought in Waukesha to be close to PharMerica back in 2008.

Buth agreed to discuss her whistle-blower experience last week in the presence of her attorney, Nola Hitchcock Cross.

“Was it easy? No. Was it life changing? Yes. Did it work out in the end? Yes,”

But, she said, “It was a really rough six years. I just want to spend some time with my daughter now.”

Buth said that, at first, her bosses at PharMerica said they wanted her to fix the paperwork and inventory tracking issues but then gave her so many other projects she couldn’t really make progress. Soon, she said, it became apparent to her that most people were happy with the status quo.

Prosecutors alleged that staff — not patients’ doctors — at client nursing homes would fax requests for refills of addictive painkillers and other Schedule II drugs to PharMerica. There, workers would assign another 60 day supply and then send a template to the patient’s doctor for a signature.

But the templates often came back unsigned, according to prosecutors. Boxes of unsigned prescription templates were recovered in a 2009 raid in a room for storing supplies in Pewaukee, Buth said.

“My first concern was for patients,” she said. Their plight was concrete to her because her grandfather was in a nursing home.

Her employers said she’d have to repay her $10,000 signing bonus if she left the company that first year, even over illegal practices, Buth said. She was finally fired the day before the DEA raided the business. The agents made Buth come back and point out hidden files, she said, and it was during that time one agent suggested she ought to talk with a lawyer.

Buth was single, had just bought the house and new SUV and was concerned about her license and even going to jail, despite having tried to correct practices and ultimately calling the DEA.

When she realized it was really an employment issue, she found Cross just searching the Internet. Buth had heard of the False Claims Act but had no experience with it. Cross, on the other hand, has filed dozens of suits under the act and counseled Buth that she probably should, too.

The False Claims Act

The Civil War-era law allows those with inside knowledge of fraud against the federal government to sue on the government’s behalf. The suits are filed under seal to allow federal prosecutors to review them and consider taking them over. When they do, the cases can remain under seal for years while investigators gather evidence.

Potential plaintiffs, called “relators,” have to move fast; there can be other whistle-blowers and only the first to sue is entitled to a share of a recovery if they both reveal the same information.

“I never dreamed I’d be living in a ‘CSI’ episode,” she said. For weeks until she was fired, she gathered more evidence of wrongdoing at PharMerica and then waited after the suit was filed.

She got another pharmacist job in the meantime, she said. There, she said, she noticed a manager was very likely stealing.

“I was terrified to open my mouth again,” she said, “I didn’t want to be that person.”

But she did, and her boss told Buth she just didn’t get along with people and transferred her. The manager, she said, was eventually prosecuted.

News of the settlement has earned Buth an invitation to speak about pharmacist ethics at her alma mater, Nova Southeastern University, where, she said, professors prepared her well for the possibilities she encountered. Her message would be simple.

“You take an oath,” she said, “Don’t be afraid to do the right thing.”

But for now, she’s planning to go back to school and become an elementary school teacher.

“Maybe I could make a difference and not have to fight against fraud all the time,” she said.

21 st century criminals out smart the system once again with technology ?

Counterfeit prescription drug ring in Baton Rouge area results in multiple arrests

http://www.nola.com/crime/baton-rouge/index.ssf/2015/05/counterfeit_prescription_drug.html

Ten Baton Rouge area residents who were a part of a criminal organization have been accused of fraudulently obtaining and selling prescription drugs throughout the city and surrounding area, Baton Rouge Police Cpl. Don Coppola Jr. said Wednesday evening.

A Tactical Diversion Squad Group, which included local, state and federal agencies working together to combat illegal trafficking of pharmaceutical narcotics, conducted an investigation based on assertions from Louisiana physicians who reported that their identities were being used on prescriptions without their knowledge or consent, Coppola said.

An investigation shows that Luvada Pondexter, of Central, led the efforts while conspiring with multiple individuals. Pondexter and 25 co-conspirators were charged with Miami record sealing for their involvement in this criminal organization.

Coppola said TDS Task Force Agents found that the Pondexter organization was responsible for the production, manufacturing, and utilization of forged prescriptions, which were used to obtain controlled scheduled narcotics. These drugs were then distributed in the Baton Rouge and surrounding area, Coppola said.

The Pondexter organization, using the fraudulent prescriptions, is believed to have obtained a total of 19,000 dosage units of Schedule II, 13,800 dosage units of Schedule III, 1700 dosage units of Schedule IV, and 15 liters of Schedule V drugs.

The estimated street value of the diverted drugs is $700,000, Coppola said.

Coppola said these individuals were all arrested as a result of the investigation:

  • Dylan Kendall Bateman, 23, and Michael Stephen, 23, both of Greenwell Springs, were charged with conspiracy to obtain a controlled dangerous substance by fraud and conspiracy to distribute Schedule II drugs.
  • Dain Deroche, 26, of Gramercy, and Monique Dudley, 50, were both charged with conspiracy to obtain controlled dangerous substances by fraud, conspiracy to distribute Schedule II drugs and conspiracy to distribute Schedule IV drugs.
  • Andrew Gilmore, 44 of Baton Rouge, is charged with conspiracy to obtain controlled dangerous substances by fraud and conspiracy to distribute Schedule II, IV and V drugs.
  • Roderick Pondexter, 30, of Central, is charged with conspiracy to obtain controlled dangerous substances by fraud and conspiracy to distribute Schedule III and IV drugs.
  • Julie Schopfer, 54, of Baton Rouge, is charged with conspiracy to obtain controlled dangerous substances by fraud and conspiracy to distribute Schedule II drugs.
  • Christian Thierry, 39, of Baton Rouge is charged with conspiracy to obtain controlled dangerous substances by fraud and conspiracy to distribute Schedule II and V drugs.
  • Bonnie Toppins, 21, of Baton Rouge is charged with conspiracy to obtain controlled dangerous substances by fraud and conspiracy to distribute Schedule III and IV drugs.
  • Robert Waldon, 70 of St. Francisville, is charged with conspiracy to obtain controlled dangerous substances by fraud and conspiracy to distribute Schedule III and V drugs.

Justice — PAM BONDI STYLE ?

Health-care fraud: Little guys get jail; big guys get deals

http://www.orlandosentinel.com/opinion/os-hospital-medicaid-fraud-scott-maxwell-20150523-column.html

In March, Attorney General Pam Bondi announced she had nailed someone for Medicaid fraud.

The culprit was a 49-year-old home-health worker from dirt-poor Gadsden County, accused of bilking the state out of $13,000.

For her crime, Melissa Letica Simmons was ordered to spend six months behind bars — and repay all the money she stole from taxpayers.

Six months. For $13,000.

A few years earlier, the state accused three hospitals of bilking the Medicaid system as well … only this time, it involved millions.

Yet no one was criminally prosecuted. Or even ordered to repay all the money. Instead the hospitals settled — without admitting wrongdoing — and repay taxpayers pennies on the dollars.

All Children’s Hospital of St. Petersburg, accused of improperly taking $2 million, repaid $100,000, according to Florida Today.

Lakeland Regional Memorial, accused of taking $1.7 million, paid $108,000.

We saw something similar locally in 2013 when Hospice of the Comforter was accused of $10 million worth of fraud — in part for billing taxpayers for patients who weren’t actually dying, which helped the CEO earn $200,000 worth of bonuses.

The U.S. Justice Department used harsh words, accusing the Altamonte Springs nonprofit of misusing the taxpayer program for its “own enrichment.”

Yet no one went to jail. And Hospice was asked to pay back only $3 million.

This, my friends, is the Tale of Two Justices.

The small-time thieves get prison sentences.

The big-time thieves get deals.

Yes, theft. So says Bondi herself on her website: “Medicaid fraud essentially steals from Florida’s taxpayers.”

But perpetrators of that fraud get treated very differently.

I can show you case after case where individuals — home-health providers, private nurses and small nursing-home operators — get prosecuted with zeal.

(A Tampa woman recently got 18 months in prison and ordered to repay all of the $70,000 she improperly billed taxpayers for services to a developmentally disabled relative.)

However, when big companies — including hospitals and big nonprofits — get accused of doing something similar, they are offered breaks.

In one fraud case involving many hospitals, the state issued a statement saying it wanted “to resolve this matter amicably with our industry partners.”

Think about that. These companies were accused of stealing from taxpayers … and the state hoped to resolve things “amicably.”

How often do you hear prosecutors call for amicable resolutions to other thefts?

The message seems to be that fraud committed by lone grifters is evil, intentional and criminal.

Corporate fraud, however, is the result of clerical errors and misunderstandings — cases where we should seek solutions that make everyone happy.

No wonder it keeps happening. Companies might as well keep breaking the rules. If they get caught, no one personally pays with jail time. And the fines are often less than what was stolen.

Those who can afford the best attorneys often make out the best.

This is why health-care fraud costs American taxpayers billions.

Aesop, the ancient Greek fableist, once said: “We hang the petty thieves and appoint the great ones to public office.” Today, Florida is governed by a man at the center of one of the largest Medicare fraud cases in U.S. history.

Meanwhile, the home-health aide from Gadsden County is behind bars.

This inequality isn’t limited to Florida. The feds prosecute just as unequally.

Authorities occasionally spear the big fish — such as last year in Tampa when the feds secured prison sentences of one to three years for three WellCare execs convicted of defrauding taxpayers out of $30 million.

This was the one case of convictions for a big, established corporation cited by the Attorney General’s Office when I asked about the apparent discrepancy in the way fraud cases are handled.

Interestingly, though, in this case of convicted execs, the judge decided to impose some of the lightest sentences possible, saying the poor men’s reputations had already been damaged so badly that “they’ve already been punished.”

More .. they do the crime.. they pay a fine.. and no one does the time

Mississippi hospital whistleblower gets $3.5M in settlement

http://www.wtva.com/content/news/mississippi/story/Mississippi-hospital-whistleblower-gets-3-5M-in/Z92zQL-2K0OXCRzRQCJq2g.cspx#.VWFJt2ECt7g.blogger

JACKSON, Miss. (AP) — A former employee of a Mississippi hospital is getting almost $3.5 million as part of a string of settlements where 18 hospitals in seven states have agreed to pay $20.4 million over allegations they broke federal law by receiving Medicare reimbursements for psychiatric services that were not “medically reasonable or necessary.”

Ryan Ladner worked for Allegiance Health Management at what’s now Merit Health Wesley in Hattiesburg when his lawyer says Ladner saw illegal billing.

As the person who brought the fraud to the attention of the federal government, Ladner is getting 17 percent of the settlement amounts. None of the hospitals admit liability in their settlements. However, LifePoint Hospitals self-reported the practices to the U.S. Department of Health and Human Services in 2011.

Settlement documents indicate Ladner has been pursuing a whistleblower lawsuit in federal court in Arkansas since 2010 against Allegiance, which is based in Shreveport, La. The case remains under seal, though. Whistleblower actions under the False Claims Act are filed under seal with the private plaintiff seeking to recover money on behalf of the federal government.

The plaintiff, called a relator, sends the lawsuit and a statement to federal authorities, who must decide whether to intervene or not. Cases can remain sealed for years while the government investigates, if a judge agrees. It’s unclear if the government intends to intervene against Allegiance. Lawyers for Ladner and Allegiance declined to confirm that the suit exists.

Allegiance denies wrongdoing and still operates outpatient therapy programs at 17 locations in five states, according to its website.

“Allegiance remains confident that the outpatient psychiatric services provided in the IOPs managed or operated by Allegiance were medically necessary and appropriate as has been confirmed by various government contractors and agencies on multiple occasions through audits, surveys and other inquiries,” the company’s lawyer, Michael Schulze, wrote in a statement.

Cliff Johnson, Ladner’s lawyer, said Ladner was hired by Allegiance to serve as program director for its Inspirations outpatient psychotherapy service at what was then called Wesley Medical Center in Hattiesburg. Ladner got the job even though his previous background was in mortgage lending, Johnson said.

“My client is a smart man who takes seriously the responsibilities he’s given,” Johnson said. “As responsible people do, he attempted to educate himself about the legal requirements for billing services provided at Inspirations and the type of patients who qualify for such services.”

The settlements indicate Allegiance would perform the therapy, the hospitals would bill for it, and Allegiance would get either a share of what they collected or a flat fee. The federal government contends the therapy wasn’t eligible for federal reimbursement for one of several reasons — the patient’s condition didn’t qualify, the treatments weren’t provided according to an individual treatment plan, patient progress wasn’t adequately tracked, or the therapy was “primarily recreational or diversional in nature, and was not therapeutic.

The Justice Department said hospitals knowingly submitted improper bills as early as 2005 and continuing into 2013.

“Hospitals that participate in the Medicare program must ensure that the services they provide and bill for are based on the medical needs of patients rather than the desire to maximize profits,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer of the Justice Department’s Civil Division said in announcing the settlements earlier this month.

Community Health Systems of Franklin, Tennessee, is paying $15.2 million for 15 hospitals, one in Hattiesburg and others that formerly belonged to Health Management Associates, which Community took over.

Since January 2009, the Justice Department has recovered $15.3 billion in cases involving fraud against federal health care programs.

Chronic pain treatment Guidelines … the precursor to mandates ?

Massachusetts Medical Society Opioid Therapy and Physician Communication Guidelines

http://www.massmed.org/Patient-Care/Health-Topics/Massachusetts-Medical-Society-Opioid-Therapy-and-Physician-Communication-Guidelines/#.VWKDsEaui1w

Position on Guidelines

The Massachusetts Medical Society supports the position that physicians must use their best clinical judgment in the treatment of all patients. Guidelines exist in many areas to help physicians achieve the best possible outcomes for patients.  We recognize that this document creates opioid prescribing guidelines that have general applicability and are most relevant in primary care. Specialty societies and specific practice settings may have more detailed recommendations for the care of patients. These prescribing guidelines will be shared with the Board of Registration in Medicine for consideration of incorporation into their prescribing guidelines for physicians. The guidelines will provide valuable guidance to physicians in their practices and as evidence of best practices and to the Board in its responses to patient complaints, accusations of substandard care or accusations of inappropriate prescribing. Deviation from prescribing guidelines is not a per se violation of standards of care.  As MMS policy states: “Practice guidelines are not intended to be unique or exclusive indicators of appropriate care. Any physician should be able to demonstrate that the care rendered is safe and appropriate, even if it may vary from the guidelines in some respects.”


Elements

  1. The MMS supports the adoption and dissemination of specific guidelines related to the prescribing of opioids.
  2. Separate guidelines are needed for treatment of acute and chronic pain.
  3. Chronic pain guidelines apply to patients who receive opioids for a more than 90 day period. This includes transferred patients with opioid treatment histories and existing patients who reach a 90 day period of treatment.
  4. Guidelines do not apply to patients with cancer, patients in hospice or palliative care and inpatients of hospitals and nursing homes.
  5. Work is ongoing with appropriate specialists and specialty societies to review opioid prescribing issues and guidelines unique to specialties and practice settings.  Physicians should review existing guidelines for their individual specialties.

Acute Care Guidelines

Initiation of Opioid Treatment 

  1. Physicians must be familiar with and follow the requirements of the law and regulations on use of the prescription monitoring program prior to initiating opioid treatment.
  2. Patients should also be screened or assessed for: pregnancy; personal or family histories of substance use disorder; mental health status; or, relevant behavioral issues.
  3. Physicians prescribing opioids should inform their patients about the cognitive and performance effects of these prescriptions and warn them about the dangers to themselves and others in operating machinery, driving and related activities while under treatment.
  4. Patients with complex pain conditions, serious co-morbidities and mental illness, or a history or evidence of substance use disorder should be considered for consultation from a colleague or specialist referral.
  5. When clinically indicated, opioids should be initiated as a short term trial to assess the effects and safety of opioid treatment on pain intensity, function, and quality of life. In most instances, the trial should begin with a short-acting opioid medication.
  6. The starting dosage should be the minimum dosage necessary to achieve the desired level of pain control and to avoid excessive side effects.
  7. Duration should be short term with possible partial fill prescriptions or short term, low dosage sequential prescription approaches considered.
  8. Physicians should be aware of published dosing guidelines for pediatric patients and consider body weight and age as a factor in treating pediatric patients.[1]
  9. Concurrent prescriptions should be reviewed, including paying close attention to benzodiazepines and other medications that may increase the risks of harm associated with opioid use. 
  10.  Physicians must maintain records and engage in patient assessments consistent with prescribing guidelines of the Board of Registration in Medicine which are available on the Board’s website. 
  11. Patients should be counseled to store the medications securely, never share with others, and properly dispose of unused and expired prescriptions.

Common Elements of Best Practices for Ongoing Opioid Treatment of more than 60 Days Duration

  1. There should be regular visits scheduled for evaluation of progress.
  2. Evaluating Opioid Treatment
    1. Continuing opioid treatment should be a deliberate decision that takes into consideration the risks and benefits of ongoing opioid treatment for that patient.  Patients and health care providers should periodically reassess the need for continued opioid treatment, tapering whenever possible, as part of the comprehensive pain care plan.  A second opinion or consultation from a colleague or specialist may be useful in making that decision.
    2. Routinely assess function and pain status.  An assessment of function and pain should consistently measure the same elements to determine the degree of progress. 

Chronic Pain Guidelines

Threshold for Considering Pain Chronic

  1. The MMS supports a duration of treatment of 90 days consistent with the Institute of Medicine’s definition in the 2011 report RELIEVING PAIN IN AMERICA[2] rather than morphine equivalents to trigger these guidelines.
    1. This time period should trigger a face to face reevaluation of the treatment provided to date, its long term efficacy and risks of continued opioid therapy.  Physicians should consider consulting with other physicians or referrals as part of the process in developing and implementing an ongoing treatment plan.

Common Elements of Best Practices when a 90 Day Treatment Threshold is Reached
(To be implemented before continuing further opioid treatment)

  1. A detailed reevaluation of the patient’s history and a physical should be done as soon as possible after the 90 day threshold is reached.
  2. The physician should have the patient complete an objective pain assessment tool.  The MMS will work with an advisory group to provide recommended tools.
  3. The physician should do a risk of substance abuse assessment.
    1. The MMS will develop a list of recommended tools with assistance from the Massachusetts Chapter of the American Society of Addiction Medicine (MASAM).
    2. The physician should consider the use of appropriate baseline urine drug testing if the risk assessment or other evidence indicates there may be issues with use of other drugs or with compliance with prescribed treatment. 
  4. The physician should tailor a diagnosis and treatment plan with functional goals at the initial 90 day threshold visit and every 60-90 days thereafter.
  5. Chronic pain is multi-dimensional.  Physicians should inform patient of the risks, benefits, and terms of continuation of opioid treatment.  Alternative pain management options should be reviewed at the 90 day threshold visit and at subsequent 60-90 day follow-up visits.
  6. Women should be counseled again on risks associated with opioid treatment and pregnancy. 
  7. Physicians should be aware of published dosing guidelines for pediatric patients and consider body weight and age as a factor in treating pediatric patients.    
  8. Physicians prescribing opioids should inform their patients about the cognitive and performance effects of these prescriptions and warn them about the dangers to themselves and others in operating machinery, driving and related activities while under treatment.
  9. The physician should review the patient’s current prescription monitoring program record at the 90 day threshold visits and at every 60-90 day follow-up visit thereafter. One goal of this review is to avoid duplicative or conflicting treatments from other providers.
  10. Treatment Agreements
    1. A treatment agreement plan should be established and incorporated into the medical record that includes measurable goals for reduction of pain, reduction in opioid therapy concomitant with reduction or resolution of the pain, and improvement of function. Goals should include improved function and quality of life as well as improved control of pain, and should be developed jointly by the patient and the physician.  It should address what circumstances would allow a patient to receive prescriptions from other providers. 
    2. It may be preferable for such a treatment agreement to be signed by the patient, with updated signature at least yearly.
  11. Physicians should discuss risks and warning signs of opioid dependence and addiction with their chronic pain patients. 
  12. Physicians should discuss naloxone and its use to reverse overdoses. Physicians should offer to prescribe naloxone to their patients after such discussions.
  13. Physicians who are not pain management specialists should not initiate treatment plans which call for in excess of 100 milligrams of morphine equivalent opioids per day without a documented consultation with a pain management specialist.
  14. If a patient is currently receiving > 100 mg morphine equivalent per day a plan should be instituted to begin tapering of the dose and, if not possible to do so, consultation with a pain management specialist should be obtained.
  15. When possible, physicians should preferentially select abuse resistant and abuse-deterrent medications when clinically indicated.
  16. If high risk or low benefit warrants a discontinuation of opioid therapy, physicians should prescribe non-opioid alternatives for continued pain management.

Opioid Prescribing Guidelines – References

Federation of State Medical Boards- Model Policy on the use of Opioid Analgesics in the Treatment of Chronic Pain July 2013.
Available at: http://www.fsmb.org/Media/Default/PDF/FSMB/Advocacy/pain_policy_july2013.pdf

State-based Guidelines

Indiana State Medical Association, adopted by Indiana Medical Licensing Board, Indiana Pain Management Prescribing Final Rule (September 2014).
Available at: http://www.ismanet.org/pdf/legal/IndianaPainManagementPrescribingFinalRuleSummary.pdf

Oklahoma State Department of Health, Opioid Prescribing Guidelines for Oklahoma Health Care Providers in the Office-Based Setting (September 2014).
Available at: http://www.ok.gov/health2/documents/UP_Oklahoma_Office_Based_Guidelines.pdf

Utah Department of Health, Utah Clinical Guidelines on Prescribing Opioids for Treatment of Pain (2010).
Available at: http://health.utah.gov/prescription/guidelines.html

VA/DoD. Clinical Practice Guideline: Management of Opioid Therapy for Chronic Pain (May 2010).
Available at: http://www.va.gov/painmanagement/docs/cpg_opioidtherapy_summary.pdf

Washington State Agency Medical Directors, Interagency Guideline on Opioid Dosing for Chronic Non-cancer Pain, An education aid to improve care and safety with opioid therapy (updated in 2010).
Available at:  http://www.agencymeddirectors.wa.gov/

Specialty Society-Based Guidelines

American Pain Society/American Academy of Pain Medicine Guidelines for the Use of Chronic Opioid Therapy in Chronic Noncancer Pain (2009). Chou R, Fanciullo GP, Fine PG, Adler JA, Ballantyne JC, Davies P et al. Clinical Guidelines for the use of chronic opioid therapy in chronic noncancer pain. J Pain. 2009;10(2):113-130. 

American College of Occupational and Environmental Medicine Guidelines for the Chronic Use of Opioids (2011)
Available at: http://www.agencymeddirectors.wa.gov/opioiddosing.asp 

American Society of Interventional Pain Physicians Guidelines for Responsible Opioid Prescribing in Chronic Noncancer Pain (2012). Manchikanti L, Abdi S, Atluri S, Balog CC, Benyamin RM, Boswell MV, et al. American Society of Interventional Pain Physicians (ASIPP) guidelines for responsible opioid prescribing in chronic non-cancer pain: Part 2–guidance. Pain Physician. 2012;15(3 Suppl):S67-116. 


Endnotes

[1] American Academy of Pediatrics, The Assessment and Management of Acute Pain in Infants, Children, and Adolescents.  Pediatrics. 2001;108(3):793-797.
Available at:   http://pediatrics.aappublications.org/content/108/3/793.full

[2] Institute of Medicine (US) Committee on Advancing Pain Research, Care and Education. RELIEVING PAIN IN AMERICA: A BLUEPRINT FOR TRANSFORMING PREVENTION, CARE, EDUCATION, AND RESEARCH. Washington, (DC): National Academies Press (US); 2011.

We don’t need another F-ing LAW !

wethepeople

There should be a law !

I wrote the above post just a few weeks back… I received a email from a chronic pain pt from KY.. that is being cut off medication that the pt has been taking for some 10 yrs..  It would seem that the “all knowing bureaucrats” in Frankfort have passed some moronic “pill mill bill” that has scared the crap out of all the prescribers…

It was just a couple of years ago.. that this same bunch of morons passed a law that every healthcare provider had to get a KASPER report – the state’s PMP database – before prescribing or filling a controlled substance for a pt… Apparently that didn’t work so well… maybe because of what I have said before… fake/false/forged/stolen ID’s are as prevalent as calories at your Thanksgiving feast/dinner.

It is obvious – at least to me – that the criminals/addicts/diverters are MUCH SMARTER than the bureaucrats/politicians that are trying to stop diversion… maybe the bureaucrats/politicians are just as bright as a box of rocks and it doesn’t take much intelligence to out smart their rules/laws/regulations.

When you really think about it. there is really no qualifications required to be in the legislature… let’s face it.. collectively we elected people that are able to raise money to run TV ads… tell people you agree with their beliefs of what needs to be done or changed… even if you state that you are for AND against the same issue… and be able to lie to their constituents without concerns.

This pt’s stated that we need a “patient’s bill of rights”…  what good is another law that our judicial system has no interest in enforcing ?  The US Attorney General (Eric Holder)  just left office after 6 yr… still being being charged with CONTEMPT OF CONGRESS and nothing being done…

IMO.. the DEA is behind violations of the Sherman Antitrust Act by the drug wholesalers and the Americans with Disability Act by the pharmacies/Pharmacists and drug wholesalers.. but the DEA is part of the DOJ… ran by Holder and over the DEA…

The media has been over-running with the bad deeds of local law enforcement, DEA special agents, Marshall Service, FBI and others… and those caught doing this misdeeds … at worse… will get a few days suspension…

We have insurance companies that are accepting monthly premiums and providing you with your “policy” that is in fact a CONTRACT… they promise that they have a network of healthcare providers (hospitals, pharmacies, doctors, labs ) that will fulfill the pt’s health needs as provided for by that insurance contract…  The pt that contacted me…. stated that when the pt contacted doctor after doctor office about becoming a new pt.. was asked what meds the pt took and when they were told that controlled meds were involved.. the pt was told “we don’t prescribe those “…  so here we have a pt calling doctor’s office… that are in the pt’s insurance network… that won’t accept a new pt because the pt has a medical necessity for medications that the pt’s insurance company is considered a covered item..  Isn’t this .. accepting premiums for insurance and not providing healthcare providers that will “take care of” their pts… FRAUD ?

So we have laws for discriminating against those with disability… against collusion, price fixing, restriction of trade, and fraud..   and a law about a pt’s bill of rights.. is going to make a difference ????

IMO… pts needs to document.. document… document… record… record … record…  you record doc’s offices telling you they won’t accept you as a pt because they don’t/won’t prescribe LEGAL MEDICATION.. send the recording to your insurance company… if the insurance company tells you they won’t/can’t do anything to force a doc to see you… send the recording to your state insurance commissioner, www.cms.gov .. if on Medicare/Medicaid… share with Fed Senator/Representative… you may have to end up sharing it all with a personal injury attorney or one that deals with civil rights violations of ADA …

Screw the two-party recording law… it is time for some civil disobedience !!!!

Isn’t that what this country was founded on CIVIL DISOBEDIENCE ??? have we come full circle ?