Nearly Half of Primary Care Clinics Won’t Take New Patients on Rx Opioids

https://www.painnewsnetwork.org/stories/2021/1/28/nearly-half-of-primary-care-clinics-wont-take-new-patients-on-rx-opioids

It is often stated that we are a “country of laws”, but what is often not mentioned is that a person cannot always find anyone/agency that is in charge of enforcing such laws … are interested in doing their job.  Often people who are trying to get some help for experiencing some “harm” because of another entity is unable/unwilling to do their job.

According to this survey, 75% of the office practices would not or may not prescribe pain meds to pts that have medical records that would document that they had been taking them, have a valid medical necessity to have them prescribed.

Being that this is survey was done via a phone call may have tainted the outcomes of the study.  Just like pharmacists will not tell pts that they stock a controlled substance(s) when they call up on the phone call to find out … claiming that they have a prescription that they wanted to get filled. Pharmacist’s logic is that they don’t want to admit stocking a particular med for fear of getting robbed.

here is a interesting article 

Can You Sue a Hospital or Doctor for Denying Medical Treatment?

Private Doctors Can Refuse to Treat

A private doctor is not subject to the provisions of EMTALA and can dismiss you as a patient at any time, for just about any reason other than discrimination, without fear of liability.

Under the Civil Rights Act of 1964, you can’t be refused treatment on the basis of your age, sex, race, sexual orientation, religion, or national origin.

Doctors in private practice are essentially small business owners and are not required to treat patients who can’t pay for their services.

A doctor can refuse to treat a patient because:

• The doctor’s practice is not accepting new patients.
• The doctor doesn’t have a working relationship with your health insurance company.
• The doctor chooses not to treat patients with the illness or injury you suffer from.
• You can’t pay for the costs of treatment.
• You or your spouse are a medical malpractice attorney.

Your doctor can refuse to continue treating you because:

• You haven’t paid your bill.
• The doctor has stopped doing business with your health insurance provider.
• You continue to exhibit drug-seeking behavior.
• You are a disruptive patient.
• For reasons of conscience. Reasons can include religious, contraceptive, or palliative care beliefs, or deciding not to prescribe narcotics for pain management.
• The doctor learns you or your spouse is a medical malpractice attorney.

If your health would suffer, the doctor must continue to treat you until you’ve had time to find a new provider.

If your doctor refuses to continue to provide treatment, and as a direct result your condition worsens, you may have the basis of a medical malpractice claim.

You may have a right to care under your state’s laws. Talk to a personal injury attorney if you’re injured by a doctor’s failure to treat you.

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I am not an attorney, but being able to discharge for deciding not to prescribe pain management… my question is … IS THAT A ABSOLUTE FOR THE PRACTICE ? If the prescriber has any pts that he/she is maintaining chronic pain pts on opiates… does mean that any refusal to treat or accept a new chronic pain pt is discrimination ?  Here is a chart of the effects on the human system for under/untreated pain.

South Bend pain clinic to pay $30,000 to settle discrimination claim

This discrimination case/fine was not because the pain clinic refused to accept a pt into the practice because of his/her pain but because the pt had HIV ! So apparently the DOJ only has resources to tackle discrimination toward a distinct list of disabling disease/health issues ?

Filed under: General Problems