Pain Patients Get Relief from War on Opioids

Pain Patients Get Relief from War on Opioids

https://www.scientificamerican.com/article/pain-patients-get-relief-from-war-on-opioids/

U.S. agencies warn doctors not to abruptly cut off the medications for long-time users

Ever since U.S. health authorities began cracking down on opioid prescriptions about five years ago, one vulnerable group has suffered serious collateral damage: the approximately 18 million Americans who have been taking opioids to manage their chronic pain. Pain specialists report that desperate patients are showing up in their offices, after being told by their regular physician, pharmacy or insurer that they can no longer receive the drugs or must shift to lower doses, no matter how severe their condition.

Abrupt changes in dosage can destabilize patients who have relied for many years on opioids, and the consequences can be dire, says Stefan Kertesz, an expert on opioids and addiction at the University of Alabama at Birmingham School of Medicine. “I’ve seen deaths from suicide and medical deterioration after opioids are cut.”

Last week, after roughly three years of intensive lobbying and alarming reports from the chronic pain community, the Food and Drug Administration (FDA) and the Centers for Disease Control and Prevention (CDC) took separate actions to tell clinicians that it is dangerous to abruptly curtail opioids for patients who have taken them longterm for pain. The FDA did so by requiring changes to opioid labels specifically warning about the risks of sudden and involuntary dose tapering. The agency cited reports of “serious withdrawal symptoms, uncontrolled pain, psychological distress, and suicide” among patients who have been inappropriately cut off from the painkillers.

One day later, CDC director Robert Redfield issued a clarification of the center’s 2016 “Guideline for Prescribing Opioids for Chronic Pain,” which includes cautions about prescribing doses above specific thresholds. Redfield’s letter emphasized that these thresholds were not intended for patients already taking high doses for chronic pain but were meant to guide first-time opioid prescriptions. The letter follows another recent clarification sent by the CDC to oncology and hematology groups, emphasizing that cancer patients and sickle cell patients were largely exempt from the guideline.

Taken together, these actions represent a significant victory for the chronic pain community. “The combination of the FDA and CDC speaking out reconfigures the conversation going forward in a very, very helpful way,”  says Kertesz, who was one of five doctors associated with the advocacy group Health Professionals for Patients in Pain (HP3) who received Redfield’s letter.

Tougher rules on opioid prescriptions from federal and state authorities, health insurance companies and pharmacies, were an understandable response to the nation’s “opioid crisis,” an epidemic of abuse and overdose that led to a 345 percent spike in U.S. deaths related to legal and illicit opioids between 2001 and 2016. Since 2016, most fatal overdoses have involved illegally produced fentanyl sold on the street, according to CDC data, but past research has shown that many victims got started with a prescription opioid such as oxycodone.

The CDC’s 2016 guideline was aimed at reining in irresponsible prescribing practices. (The agency’s own analysis showed that prescriptions for opioids had quadrupled between 1999 and 2010.) The guideline stressed that the first-line treatments for chronic pain are non-opioid medications and non-drug approaches such as physical therapy. When resorting to opioids, the guideline urged doctors to prescribe “the lowest effective dosage,” to carefully size up risks versus benefits when raising doses above 50 morphine milligram equivalents (MME) a day, and to “carefully justify a decision” to go to 90 MME or above.

That advice on dosage was widely misinterpreted as a hard limit for all patients. Kertesz has collected multiple examples of letters from pharmacies, medical practices and insurers that incorrectly cite the guideline as a reason to cut off long-term opioid patients.

Frank Gawin, a retired psychiatrist in Hawaii, is one of many chronic pain sufferers ensnared by that kind of mistake. For 20 years he took high-dose opioids (about 400 MME daily) to manage extreme pain from complications of Lyme Disease. Gawin, an expert on addiction himself, was well aware of the risks but notes that he stayed on the same dose throughout those 20 years. “It helped me profoundly and probably extended my career by 10 to 15 years,” he says. About five months ago, his doctor, a pain specialist he prefers not to name, informed Gawin and other patients that she would be tapering everyone below 80 MMEs because she was concerned about running afoul of medical authorities. Gawin has not yet reached that goal, but his symptoms have already returned with a vengeance. “As I am talking to you, I am in pain,” he said in a phone interview. “I’m having trouble concentrating. I’m depleted. I’m not myself.”

Last week’s federal actions could go a long way in informing physicians not to cut off patients like Gawin. Of particular value, say patient advocates and experts, is the emphasis on working together with patients on any plan to taper the drugs. “It’s finally about patient consent,” says Andrea Anderson, former executive director of the Alliance for the Treatment of Intractable Pain, an advocacy group. She notes that the FDA urged doctors to create an individualized plan for patients who do wish to taper and that the agency stated that “No standard opioid tapering schedule exists that is suitable for all patients.”

The CDC is relying on pain advocacy groups to get the word out about its clarification. Any formal update to the guideline will await the results of a systematic review of chronic pain research currently underway, said Debbie Dowell, chief medical officer of the CDC’s Injury Center, in an email; Dowell is the lead author of the 2016 guideline.

Gawin hopes the federal actions will persuade his doctor that forced tapering is wrong for him. “The only way I can see getting back to normal,” he says, “is to get back to the medication that worked for me.”

 

Washington state lawmaker riles nurses by saying that some spend ‘considerable’ time playing cards

Washington state lawmaker riles nurses by saying that some spend ‘considerable’ time playing cards

https://www.foxnews.com/politics/washington-state-lawmaker-riles-nurses-by-saying-that-some-spend-considerable-time-playing-cards

A Washington state lawmaker has provoked the ire of nursing professionals after saying that some nurses “play cards” for a “considerable” portion of their shifts.

State Sen. Maureen Walsh, R-Walla Walla, was debating a bill on Tuesday that would require uninterrupted meal and rest breaks for nurses and would also provide mandatory overtime protections for them.

Walsh pushed for an amendment that would exclude hospitals with fewer than 25 beds from the provision, arguing that such small facilities struggle to provide 24-hour care as it is.

“I would submit to you that those (small hospital) nurses probably do get breaks,” Walsh said, according to The Olympian. “They probably play cards for a considerable amount of the day.”

Walsh’s remarks were posted to a blog by the Washington State Nurses Association, receiving so many hits that the site crashed.

The ill-received comments also inspired plenty of social media mockery; the hashtags #maureenwalsh and #nursesplaycards went viral.

Walsh’s comments even drew backlash from comedian Kathy Griffin who said her mother worked in a hospital for decades.

The bill specifically requires that nurses and some other staff, such as surgical and diagnostic radiologic technologists, be given uninterrupted meal and rest periods, except when there is an unforeseeable circumstance.

If a rest break is interrupted before 10 complete minutes, an additional 10-minute break is required. The measure would also prohibit health care facilities from using what the nurses’ association considers a legal loophole to require overtime.

Ultimately the bill was passed with Walsh’s amendment. It previously passed the House without it but both bills will have to be reconciled before it can be signed into law.

 

Commentary: Suicide Signals a Broken Health Care System

Commentary: Suicide Signals a Broken Health Care System

www.nationalpainreport.com/commentary-suicide-signals-a-broken-health-care-system-8839600.html

I read this article recently about a veteran killing himself in a VA waiting room and it brought me back to a recent conversation that we’ve been having on the National Pain Report about suicide.

And so, I spent some looking at the comments sections on the stories and was struck—again—by the increasing feelings of hopelessness and isolation that are permeating many people who have chronic pain.

The system is failing them.

When I was talking with Terri Lewis, Ph.D. recently about the topic, she said something that has stuck with me.

“Every person has a plan for exiting the planet when they’ve had enough. Remarkably, communities and health systems don’t have a plan.”

Hard to argue.

Reader Dave Brooks wrote about the importance of loved ones.

“The thought (of taking his life) has crossed my mind more than once. I keep going knowing my children always tell me they love me when I have a chance to talk to them… Always!!!

Elizabeth R. spoke about the fear that many are feeling in a place where they shouldn’t be fearful—their doctors’ offices.

“If We patients tell our doctors the truth about our pain and how it really affects us despite our efforts to manage it, we will be punished.”

A reader named Lindsey is at her wit’s end.

I have my suicide plan and materials ready. It gives me peace of mind. I have cancer also and am six months overdue on my surgery. I have so much pain that I KNOW I would never survive recovery on 2 or 3 days off extra pain relief

David Hickle expressed the fear that the government not only hasn’t been listening, it won’t.

“Our government isn’t going to listen all they are doing is buying their time covering their ass until they betray the American citizens, I don’t trust anyone anymore in the USA or humanity because whatever anyone says is a load of crap.”

When you consider that 22 veterans—at least some of them with chronic pain– are taking their lives EACH DAY and that many people who have chronic pain are telling us they are considering suicide, it tells you—or at least tells me—that this health care system is failing people.

It’s long past time to do something.

Don’t you agree?

US Attorney expects more opioid take downs of medical providers in the future

US Attorney expects more opioid take downs of medical providers in the future

https://whnt.com/2019/04/19/us-attorney-expects-more-opioid-take-downs-of-medical-providers-in-the-future/

MADISON COUNTY, Ala. – We’re learning more about the largest opioid takedown of medical providers in the nation. It resulted in charges against 60 individuals from seven states including Alabama. Three of the four arrests in Alabama are doctors from Madison County. US attorney for the Northern District, Jay Town, says investigations into doctors can take years. The task force completed theirs in just a few months.

To help combat the opioid crisis, the U.S. Department of Justice formed a strike force for the Appalachian region designed to investigate illegal opioid prescriptions and distribution.

“We ended up doing investigations that would normally take two years, took about 4 months,” Town said.

Town credits that to the use of resources. “We have hyper-accurate data at the DEA and other agencies in the federal government where we are able to that data and we can sort of pinpoint where these pills are being over-prescribed just by the population center in which they’re being prescribed.”

The takedown itself was coordinated in 18 hours. Town says 60 people were arrested, 31 were doctors who allegedly prescribed 32 million pills.

“That’s more pills than people in these states in which these cases are being prosecuted,” he said.

That sounds like a lot, but Town says it only scratches the surface of this issue.

“There are more doctors out there, there are more people working in clinics, and physicians offices, or pharmacies, or in compounding pharmacies, that we still have ongoing investigations or beginning investigations,” Town said.

And he is confident there will be more takedowns like this in the future.

“If you’re a doctor and you want to act like a drug dealer, we’re going to treat you like one. And sometimes the only difference between a doctor and a drug dealer is a white coat,” he said.

Often times, takedowns can leave patients without a doctor. This task force took measures to help patients. Town says they were able to get access to their file and agents directed them to clinics that are operating legally in the community.

Isn’t that NICE…these members of LAW ENFORCEMENT was able to get to the pt’s medical records and apparently made the “medical decision” which pts were LEGIT PTS and they DIRECTED them to clinics that are operating legally in the community However, did they know if these clinics had the capacity to accept these pts into the practice  and/or if the clinics would accept those pts in the first place.  Typically, when a prescriber’s practice is raided… the pts of those practices are treated like leopards by the other local clinics and few if any will be accepted by those practices as a pt.

substance-use disorder: what we are facing is a human problem

These Virginia counties are ignoring the real problem in the opioid crisis: Treatment

https://www.washingtonpost.com/opinions/local-opinions/these-virginia-counties-are-ignoring-the-real-problem-in-the-opioid-crisis-treatment/2019/04/19/b90e0788-57bb-11e9-9136-f8e636f1f6df_story.html

Kevin Doyle is an associate professor and chair of the education and counseling department at Longwood University, where he also teaches in the counselor education program.

Roanoke, Roanoke County and Salem are joining a legal battle over the opioid addiction crisis by filing civil suits against drugmakers, distributors and pharmacy benefit managers. These lawsuits are part of a national push to hold companies accountable for irresponsible practices in the sale, marketing and distribution of opioid-based medications.

While these lawsuits might help somewhat, the real debate raging in the world of addiction is how best to treat it and the incorporation of medications into other long-standing treatment methodologies.

As a licensed professional counselor in Virginia, I have worked with people from all walks of life over the past 34 years. I have had the privilege of being a part of the recovery process for several thousand people dealing with what we now call “substance-use disorders.” The public hears about “addiction,” “substance abuse,” overdose deaths and the opioid crisis, but what we are facing is a human problem.

While counseling, talk therapy and self-help groups are valuable, they cannot be the only answers for everyone. We now have effective, safe medications that, when combined with traditional approaches, can give individuals with opioid and other addictions a fighting chance in the desperate battle to overcome the life-threatening consequences that often ensue.

Traditionalists continue to advocate an abstinence-based approach and often seek to blame pharmaceutical companies as in these lawsuits. Traditionalists see true recovery as consisting only of complete abstinence from mood-altering substances. Though this approach is consistent with that of many self-help groups and has certainly been helpful for millions of people, it has many holes.

People clearly benefit from prescription medications for physical or psychiatric conditions, and others are given a pass from the abstinence mentality for their use of more societally accepted substances, such as nicotine and caffeine. Effective medications, which allow people with an opioid addiction to replace high-risk opioid use with safer, “medication-assisted” therapy or treatment, are frequently frowned upon by traditionalists who insist on an outdated, one-size-fits-all model that is inconsistent with research and developing approaches.

On the other side of the debate is the medical community, supporting the use of new and promising medications that can be both lifesaving and humane. Places such as Phoenix House Mid-Atlantic, based in Arlington, are successfully incorporating approaches such as office-based opioid treatment into their treatment strategies, with much success.

Medications such as suboxone and methadone allow people with an opioid-use disorder (addiction) to replace high-risk opioid use with safer, medication-assisted therapy or treatment, while naltrexone blocks the effects of opioids and can be administered either orally or via a monthly injection known as Vivitrol. Naloxone (or the brand name Narcan), which is better-known, provides a lifesaving response in the case of an overdose, reversing the opioid’s effects and saving countless lives. These approaches, however, are too frequently criticized by the abstinence community and some segments of the general public for not being a permanent solution or simply replacing one addiction with another.

We even limit the number of patients that physicians approved to prescribe suboxone may have on their caseloads, an unprecedented and even unfathomable reality when one considers the scope of the opioid crisis.

Of course, simply throwing medication alone at a problem of this magnitude will have only a minimal impact at best. People with the complex set of problems associated with substance-use disorders need effective, trained counselors and access to a wide variety of services to enable them to return to full health and functioning.

The question, then, is when will we embrace an approach that designs and provides specific care to meet the needs of the particular individual in question. Drawing from both arenas is the only way to meet the crisis, which is claiming more than 70,000 lives annually across the United States, including more than 1,100 in Virginia. A frank, no-holds-barred dialogue is needed and immediate action required to address this public-health emergency.

 

8 Things to Consider Regarding End of Life Pain Management

https://bkbooks.com/blogs/something-to-think-about/8-things-to-consider-regarding-end-of-life-pain-management-1#

8 Things to Consider Regarding End of Life Pain Management

There is so much confusion and fear regarding end of life pain medicines, morphine in particular, that I am addressing what I consider major issues. I have made the list simple, short, and to the point so that you can use this as a guideline when your loved one is receiving a narcotic.

* To be effective, pain medicine needs to be given on a regular, around the clock, schedule.

* Over time the original dosage may have to be increased.

* Everyone’s pain is different so everyone’s pain medicine and amount will be different.

* There is no standardized medicine dosage for pain. It takes time to find the correct pain medicine and the correct amount.

* The biggest fears about taking narcotics for pain management is fear of addiction and overdosing.

* Most medicines given by mouth can be given rectally. Some pain medicines can be made into creams and rubbed on the skin.

* Generally there isn’t a need for needles in end of life pain management.

* Pain doesn’t stop when a person is non-responsive. Continue the pain management schedule until death.

I am adding an additional caveat to the above knowledge: Dying is not painful. Disease causes pain. If pain has not been an issue during the disease process then just because a person is actively dying does not mean they are in pain. If pain has been an issue during the disease process that pain is present to the last breath.

Often dying looks painful to the people watching. Dying is a struggle to get out of the body. There are sounds that ordinarily would indicate discomfort but, when a person is actively dying, are part of the struggle. Just as the little chick works to get out of its shell, a person works to get out of their body. It takes effort to release from our body. That includes rattling and gasping sounds, twitching, random hand and leg movements, picking the air, facial grimaces, and talking that doesn’t make sense. All of this is part of the natural struggle to get out of the body. Nothing bad is happening, nothing pathological. This is how people and other animals die.

What I have described in the paragraph above is generally interpreted as an expression of pain unless someone tells the watchers differently. That is where knowledge of end of life and the dying process comes in, that is where health care professionals can give important guidance IF they, themselves, understand the normal natural way people die. Sadly to say, all too often, even health care professionals do not know.

Something More about… 8 Things to Consider Regarding End of Life Pain Management

To educate families who have a loved one in the dying process, I encourage the palliative care team and the hospice team to give them Gone From My Sight (the hospice Blue Book) and show them the 25 minute film NEW RULES for End of Life Care.  To educate the palliative care and hospice team (social workers, chaplains, nurses and volunteers) I encourage agencies to watch THIS IS HOW PEOPLE DIE.  Both films check the boxes for continuous care of families and agencies with medicare and raise CAHPS scores.

 

digging into data on doctors and nurses who prescribe unusually large quantities of opiates

Colorado’s new U.S. attorney wants law enforcement to treat overdose deaths as homicides as he focuses on opioids

www.coloradosun.com/2019/04/15/jason-dunn-us-attorney-colorado-opioids/

Jason Dunn, appointed by President Trump, laid out some of his office’s redoubled tactics in an interview with The Colorado Sun — his most extensive remarks to the news media since taking office

 

Jason Dunn. (Provided by Brownstein Hyatt Farber Schreck)

Jason Dunn, Colorado’s new U.S. attorney, has made stemming the state’s opioid epidemic a top focus of his office, encouraging law enforcement in the state to investigate deaths as homicides. He is also digging into data on doctors and nurses who prescribe unusually large quantities of opioid painkillers, with an eye toward prosecuting those who are illegally diverting the drugs and, he feels, adding to the scourge of heroin.

“You have dealers who either know they are selling fentanyl instead of heroin or know that it has already caused death and continue to sell it,” Dunn said in an interview with The Colorado Sun Friday in his downtown Denver office, where he offered his most detailed remarks since taking office in October. “We think they’ve met the required element that they can be charged.”

The tactics mark a redoubling of efforts that began in Colorado’s U.S. Attorney’s Office under Dunn’s predecessors and amid growing efforts statewide to tackle an epidemic that killed 560 Coloradans in 2017. They also come after Dunn warned Denver against a proposal to allow a supervised drug consumption site where people could inject heroin under the watch of a medical professional in an effort to reduce overdose deaths.

“We created a task force within our office that’s both criminal and civil,” Dunn said. “The civil side is really interesting because it’s focused on the diversion of opioids — from doctors, pharmacies, nurse practitioners. Clearly, if we can get people to stop abusing prescription opioids, then we can have a huge impact on the heroin problem.”

Federal prosecutors in Colorado have been combing through Medicare and Medicaid databases, as well as the records of Tricare, the military health insurance program, to find out which medical professionals are prescribing the most opioids, including OxyContin, in the state. They are also looking to see if they have patients who are traveling long distances, an indication that a person might be seeking out drugs for illicit reasons.

“You can see, when you start charting it, where the top people are,” he said. “… There’s a three-drug cocktail of opioids that apparently enhances the opioid high. We look at, OK, which doctors are prescribing that three-drug cocktail the most. Because there’s really no reason you would do it other than for illegitimate purposes. So we’re using that data and we’re starting to see some success with that.”

In terms of what those successes are, Dunn said, “most of it, I can’t go into detail because they’re ongoing investigations.”

“While there are a lot of U.S. attorneys around the country that are doing that data mining, we’ve taken it to kind of another level,” Dunn said.

Dunn said his attorneys have been working to get access to Colorado’s state-level opioid prescribing database, which has far more information. But the information is only available via subpoena, which the federal prosecutor called a “hindrance.”

The tree of life at the Harm Reduction Action Center is dedicated to those who have survived an overdose. (Marvin Anani, Special to The Colorado Sun)

“There’s a state statute that says law enforcement can’t get access to that database without a subpoena and only in a specific investigation. So we’ve served subpoenas and gotten it on a specific case-by-case basis,” he said. “But we really would love to have that data, even if it’s anonymized initially to mine it and see where the statistical outliers are. We’ve had conversations with the state about that.”

State Sen. Brittany Pettersen, a Lakewood Democrat who is heavily vested in ending the opioid crisis, said she would like to see enforcement action focused on pharmaceutical companies and not on doctors and nurses. She said charging those medical professionals could lead to more problems.

MORE: The opioid maker being sued by Colorado for fanning the overdose epidemic says everything it did was FDA-approved

“More people will die because they will be cut off from their prescriptions,” she said. “They will go to heroin to deal with their withdrawal.”

Dunn calls his plan to approach overdose deaths as homicides a “street-level” approach.

There’s currently a national debate about charging drug dealers in overdose deaths. Opponents worry that doing so would prevent people from seeking help in an overdose situation and question if it really serves as a deterrent.

Pettersen, whose mother has struggled with heroin addiction, cautioned against criminalizing the issue. She says she has nothing but hatred for the man who introduced her mom to heroin and would give the drug to her, even while she was in the hospital. But Pettersen said she recognizes that he, too, had a problem.

State Sen. Brittany Pettersen, D-Pettersen, talks to reporters about the introduction of the red flag gun bill on Feb. 14, 2019. (Jesse Paul, The Colorado Sun)

“It’s incredibly complicated,” she said. “A lot of people who are dealing drugs are also addicted and trying to feed their habit. They are doing desperate things to feed their disease. Throwing these people in jail is not going to solve the opioid crisis.”

Many states, Colorado not among them, either have specific laws on the books to use in those situations or are considering them. The federal government also has a distribution of heroin resulting in death charge.

Fifth Judicial District Attorney Bruce Brown, a Democrat whose territory covers Summit and Eagle counties and surrounding areas, has been using this tactic for years. His office has successfully pursued a number of cases against people who provided the heroin used in fatal overdoses, charging defendants with criminally negligent homicide, manslaughter or drug distribution offenses.

“Generally speaking, the law enforcement community customarily treated people who overdosed not so much as victims of crime, but maybe victims of their own criminality,” Brown said. “I have tried and worked very hard with our local law enforcement to convince them that they are homicides and the people who overdose have a health issue.”

Brown said Colorado’s safe-harbor law should prevent people who call 911 in an overdose situation from facing charges. But, he said, whether the tactic serves as a deterrent is a difficult question to answer, though he’s hopeful.

“Our goal is that the dealers think twice,” Brown said. “I do think that in some way there’s a likelihood that we’re saving lives. Can we definitely say that? No.”

Dunn said his office has set up a training program to encourage local law enforcement in Colorado to treat overdose deaths not as accidents, but as potential homicides with crime scenes.

He is urging law enforcement officers to check fatal overdose scenes for pill bottles or cellphones with information that might point investigators toward the drug supplier.

“We’re trying to encourage local law enforcement to actually contact us,” Dunn said. “We’re actually giving them the name of one of our attorneys here that, even in the moment at the scene, to call him and he can say, ‘Look, do this, this, this and this at the scene and treat it like a homicide.’”

Dunn’s office already has successfully prosecuted one Denver-area heroin dealer in a case involving an overdose and in which a woman’s body was dumped in an alley. A second person also has been charged in that case.

During the interview, Dunn re-emphasized his opposition to a supervised drug-consumption site in Colorado. That idea, an attempt to bring a first-in-the-nation program to Denver following a similar effort in Vancouver, Canada, has been shelved.

“I think a safe-injection site is a bad idea,” he said. “Again, we don’t weigh in on specific legislation or city ordinances, but I felt like it was important to let people know that we take that very seriously and that the Department of Justice takes it very seriously. I felt like the right thing to do was, working with the Drug Enforcement Administration, to let the city and the state and the public know that we will treat that seriously and that federal law enforcement will engage if such a facility were opened.”

Dunn said that if such a site were to open, there are a range of options he could take to push back. “It ranges from everything from asset seizure — seize the facility — to civil under the Controlled Substance Act all the way to criminal (charges) for individuals.”

A pamphlet at the Harm Reduction Action Center depicts a diorama of a booth at a safe injection site where IV drug users would inject heroin or methamphetamine. (Marvin Anani, Special to The Colorado Sun)
Whatever happened to our FOURTH AMENDMENT – probably cause and unreasonable search and seizure ?
Either the reporter who wrote this article misquoted this attorney or NOT …
He is also digging into data on doctors and nurses who prescribe unusually large quantities of opioid painkillers, with an eye toward prosecuting those who are illegally diverting the drugs and, he feels, adding to the scourge of heroin.
Does this mean that this attorney is “fishing” in one or more state’s controlled substances prescription database and using HIS OPINION as to who is prescribing unusually large quantities.
Here is a mini CV from his website:  http://jasonadunn.com/meet-the-attorney/

I graduated from Virginia Polytechnic Institute and State University with a double major in political science and environmental policy and planning. I then attended Tulane University Law School in New Orleans, Louisiana, where I graduated with a Juris Doctor in 2004. I was admitted to the Virginia State Bar in 2004 and I began my legal career as a public defender in Portsmouth, Virginia. In 2008, I was admitted to the United States District Court for the Eastern District of Virginia. In 2011 I was admitted to the United States Bankruptcy Court for the Eastern District of Virginia. In the following year, I was admitted to the United States Court of Appeals for the Fourth Circuit. In 2014, I opened my solo practice in Virginia Beach, Virginia.

I began my career as a public defender in the City of Portsmouth, Virginia, and briefly practiced with local firms before opening my solo practice in Virginia Beach in 2014. My practice is primarily focused on collections, civil litigation, personal injury and criminal defense. I specialize in real estate litigation and have collected delinquent real estate taxes for almost 15 years, over seven different jurisdictions.

After reading this CV several times… I see nothing that would suggest that this attorney has any  medical training/experience nor a degree in any medical field. One must wonder where “his feelings” are coming from… LOWER POSTERIOR ORIFICE ?

Patient Privacy in the Pharmacy (HIPAA)

Patient Privacy in the Pharmacy

https://www.managedhealthcareconnect.com/content/patient-privacy-pharmacy

April 18, 2019

Patient privacy in the pharmacy made the headlines recently when a man sued a large chain drugstore for revealing to his wife that he had a prescription for an erectile dysfunction drug.

The Case

The plaintiff, MF, brought a prescription for eight 100-milligram sildenafil citrate (Viagra) pills into his regular CVS pharmacy to be filled. According to the plaintiff, he gave specific instructions to the pharmacist that he did not want his insurance billed for this prescription and that he would pay with cash. The pharmacist agreed and MF left.

Several days later, MF’s wife called the same pharmacy to check on one of her own prescriptions, and the chatty pharmacy employee on the other end of the phone decided to mention to her that her husband’s Viagra prescription had not gone through the insurance.

The plaintiff is claiming that this disclosure of the erectile dysfunction prescription to his wife caused a breakdown in his marriage. In a lawsuit filed against the drug chain, MF claims that the pharmacy violated his privacy under HIPAA. The lawsuit alleges that the pharmacy employee “without solicitation, improperly informed MF’s wife that his prescription for Viagra was not being covered by insurance.” In the court papers, MF refers to his wife as a “third-party” who had no right to be informed about the drug.

Does MF Have a Case?

The HIPAA Privacy Rule, part of the Health Insurance Portability and Accountability Act of 1996, was enacted to protect personally identifiable health information while allowing the flow of information necessary to provide quality healthcare. It requires covered entities, including pharmacies, hospitals, health plans, and healthcare providers, to treat protected health information (PHI) as confidential.

It’s important to understand that a HIPAA violation does not give rise to a private cause of action to sue. A patient cannot sue for a HIPAA violation. (This misperception is very common in the general public, however).

Patients do have a recourse in the event of a HIPAA violation. A patient can file a complaint with the Department of Health & Human Services (HHS). HIPAA provides both civil penalties and criminal penalties for the mishandling of PHI.  It’s the purview of HHS and states’ attorneys to enforce the penalties and to decide to fine the offender, prosecute or jail the offender (if it was criminal), or to order the entity to institute HIPAA training for employees.

So, if prior legal precedent holds, MF will have a hard time succeeding if he is trying to argue a violation of HIPAA. It is, however, possible to sue and obtain damages for violations of state laws (provided the patient can prove damages).

This case is currently inching through the court system. It may be dismissed or settled before it ever goes to trial (most cases are), but it will be an interesting one to follow.

Your Risks with a HIPAA Violation

If the HIPAA rule is violated, your biggest risk is not getting sued, it is losing your job. The odds of a lawsuit are slim, and when it does happen it is generally the employer (in this case the drug chain) that is sued, not the pharmacist/employee. However, the employee is likely to be fired.

Most large entities – hospitals, pharmacies, medical practices – have strict guidelines about HIPAA and are required to provide some training for employees. Employees are often required to sign documents acknowledging their understanding of patient privacy issues. Breaches of privacy are treated very seriously, and companies will fire employees in order to reassure investigators that the situation has been handled.

Protecting Yourself

In the pharmacy, the best way to protect yourself is to remember to disclose only the minimum amount of information necessary to achieve the purpose of your communication. Never share protected health information. This is where the pharmacy employee in MF’s case when wrong – when MF’s wife called to ask about her prescription, the employee should have answered only that question, and not volunteered any extraneous information.

This “minimum information necessary” holds true if you are calling a patient or leaving them a message to let them know a prescription is ready. It is not necessary to volunteer the name of the medication, its use, or personal information about the person getting it. Always use the minimum information necessary to convey your message.  

The Real Headline From The CDC Report On Kratom Being Detected In Medical Examiner And Coroner Reports

The Real Headline From The CDC Report On Kratom Being Detected In Medical Examiner And Coroner Reports

https://www.ptcommunity.com/wire/real-headline-cdc-report-kratom-being-detected-medical-examiner-and-coroner-reports

WASHINGTON, April 18, 2019 /PRNewswire/ — The American Kratom Association (AKA) released a response to the CDC report on kratom being detected by medical examiners and coroners in 91 toxicology records.  The rebuttal to the CDC report was authored by 5 independent experts who are recognized for their work in substance abuse and addiction issues, and each affirmed that the media headlines reported in the CDC analysis misstated the actual conclusions of that report.

A copy of the report can be found at http://www.americankratom.org/images/Reply_to_CDC_-_Unintentional_Drug_Overdose_Deaths_with_Kratom_Detected.pdf

“The CDC report supports the AKA position that more regulations need to be in place to deny market access to unscrupulous bad actors who spike natural kratom with dangerous adulterants, including fentanyl, heroine, and morphine,” stated Dave Herman, Chairman of the AKA.  “The CDC report also supports the AKA position that medical examiners and coroners are reporting ONLY that they have detected kratom in toxicology reports, and they often incorrectly report that kratom was involved in or the actual cause of death.”

The five independent experts concluded in their report that the CDC data does not report whether the decedents ingested pure, unadulterated kratom in conjunction with dangerous substances or used an adulterated kratom product. The National Institute on Drug Abuse (NIDA) has documented that polydrug use or adulterated kratom product deaths are properly attributable to the toxicity of the multiplicity of co-consumed drugs or adulterants present whether intentionally consumed as a consequence of an individual’s addiction or the result of unknowingly using a product adulterated with a toxic dose of a dangerous substance.

“It grossly misleads the public and the millions of kratom users in the United States,” said Herman.  “We need evidence to document the danger of any substance, and right now the FDA is inflaming anti-kratom rhetoric with false information, deliberate overstatements of the facts, and conclusions about kratom that are unsupportable with any credible science.”

The independent report concluded that the consequences of inaccurate data on kratom-associated deaths clearly has contributed to the FDA’s persistent attacks on kratom; the decisions of 6 states who have banned kratom; the decision by some local jurisdictions to impose local bans on kratom; and the rampant misinformation disseminated to the public about the alleged risks of kratom use.

“The AKA is working hard with the states to enact responsible regulation to prevent adulteration and ensure kratom consumers have good labels, so they know they are purchasing a pure kratom product,” concluded Herman.

ABOUT AKA
The American Kratom Association (AKA), a consumer-based non-profit organization, is here to set the record straight about kratom and give a voice to those who are suffering and protect their rights to possess and consume kratom. AKA represents tens of thousands of Americans, each of whom have a unique story to tell about the virtues of kratom and its positive effects on their lives. www.americankratom.org

View original content to download multimedia:http://www.prnewswire.com/news-releases/the-real-headline-from-the-cdc-report-on-kratom-being-detected-in-medical-examiner-and-coroner-reports-300834810.html

SOURCE American Kratom Association

Prior Authorization Bill Expected in Congress This Summer

Prior Authorization Bill Expected in Congress This Summer

Two House Republicans and a Democrat working on a draft

https://www.medpagetoday.com/practicemanagement/reimbursement/79314

WASHINGTON — Bipartisan legislation to ease the burden of prior authorization is expected to be introduced in the House this summer, a Republican staffer said.

“We’ve been working with [Reps.] Mike Kelly (R-Pa.) and Suzan DelBene (D-Wash.) on prior authorization,” said Charlotte Pineda, healthcare advisor to Rep. Roger Marshall, MD (R-Kan.), an ob/gyn, during a conference on free-market healthcare here earlier this month.

“It’s important to work across the aisle because you can actually get stuff done,” she continued. “It’s one thing to introduce a bill and another thing entirely to introduce it with members of the committee on which the bill has jurisdiction. So the three members hopefully will be introducing that later this summer.” Kelly and DelBene are remembers of the House Ways & Means Committee, which would likely have jurisdiction over any prior authorization bill.

Naida did not say what the bill might contain, and she was unavailable for comment at press time. However, during the last Congress, Kelly introduced the Prior Authorization Process Improvement Act, which was referred to the Ways & Means committee but got no further. That bill required the Secretary of Health and Human Services to submit a report to Congress within a year “on the feasibility of Medicare Advantage organizations and providers and suppliers of services … using certain technologies to facilitate the administration of prior authorization requirements under Medicare Advantage (MA) plans offered by such organizations.”

The bill called for the secretary to consult with an advisory panel of MA organizations, providers and suppliers of services, beneficiary representatives, and technology vendors in preparing the report. Among other things, the report would include “recommendations on how to improve the administration of such requirements through the use of technology.”

While the three lawmakers work on that bill, other activities related to prior authorization are continuing. In March, the eHealth Initiative, a coalition of provider and healthcare industry organizations, issued a paper on “Considerations for Improving Prior Authorization in Healthcare.” The document included four central points:

  • Transparency of payer policy and evidence-based clinical guidelines available at the point of care may, in many cases, reduce the need for prior authorization and minimize care delays.
  • Reducing the overall volume of services and drugs requiring prior authorization could decrease administrative burdens and costs for all stakeholders.
  • Payers, healthcare professionals, and vendors should use existing, industry-endorsed standards whenever possible and explore incorporating new electronic standards that have the capability to improve the prior authorization process.
  • Payers and healthcare professionals should explore alternative payment models that promote bundled authorization for procedures, medications, and durable medical equipment that are associated with a particular episode of care.

Over at the Centers for Medicare & Medicaid Services (CMS), the agency is participating in two different workgroups for its Document Requirement Lookup Services Initiative, which is aimed at making it easier for Medicare fee-for-service providers to find out what documentation is required in order for Medicare to approve a particular service for coverage.

“One workgroup is a private sector initiative hosted by Health Level Seven International (HL7), the Da Vinci project,” the agency explained on the initiative’s webpage. “The second workgroup, convened by the Office of the National Coordinator for Health Information Technology (ONC), is the Payer + Provider (P2) Fast Healthcare Interoperability Resource (FHIR) Taskforce.” FHIR (pronounced “fire”) is a common programming interface that is used in many health information technology applications.

Through working with those two efforts, “CMS is helping define the requirements and architect the standards-based solutions,” the agency said. “In parallel, CMS is preparing to support pilots testing the information exchanges for Medicare fee-for-service programs and possibly coordinate pilots with volunteer participants to verify and test the new FHIR-based solutions.”

On the insurer side of the equation, America’s Health Insurance Plans (AHIP), a trade group here for health insurers, is coordinating a demonstration project to automate prior authorization. “We expect to launch the demonstrating project later in 2019 in a manner that is scalable and as integrated as possible with provider workflow,” an AHIP spokeswoman said in an email to MedPage Today. “We will engage an independent organization to evaluate the impact of automation and release a final report in early 2020.”

She noted that only about 15% of healthcare services require prior authorization, which she said was “an important, safe care tool adopted by health plans and government-sponsored health care programs to help ensure patients receive the best results, better outcomes and better efficiencies.”

Specifically, prior authorization “prevents the overuse [of care], misuse [of care], or unnecessary (or potentially harmful) care and offers consistency and value to the patient, when there could be a wide variation provider performance, cost of the drug, and/or utilization within a clinician’s practice,” the spokeswoman said. “[It also] ensures care is consistent with evidence-based practices.”

But there is still work to be done to improve the process, she said, adding that AHIP “supports legislation that is designed to streamline and standardize electronic prior authorization, improve transparency, and encourage best practices that improve care coordination and reduce provider burden.”