Rule of Law in Medicine has Died

“The moral test of a government is how it treats those who are at the dawn of life, the children; those who are in the twilight of life, the aged; and those who are in the shadow of life, the sick and the needy, and the handicapped.” – Hubert Humphrey

Rule of Law in Medicine has Died

https://www.daily-remedy.com/rule-of-law-in-medicine-has-died/

There used to be firm rules in American law enforcement. When this country was founded,

Benjamin Franklin said, “It is better that a hundred guilty persons should escape than one innocent person should suffer.”

This was, of course, not law, but an ideal, and although the United States has never lived up to that premise, recently, it quit trying. You will often find that the worst violations of human rights will be committed by a party supposedly dedicated to the opposite. The Nazis called themselves socialists so they could target communists, and the Democratic People’s Republic of Korea, is not quite as democratic as the Republic of Korea. It was, in fact, a social democrat, Roosevelt, who issued Executive Order 9066. It allowed the internment of Japanese American citizens en masse, while at the same time doing nothing to Italian and German Americans.

The targeting of Japanese Americans is a study of the difference between an investigation, where you try to solve a crime, and an inquisition, where you look for an excuse to lock an individual up. The FBI was tasked with finding these excuses, and they did a great job. Black powder, legally possessed by farmers to blow up stumps, was suddenly portrayed in court documents as explosive for sabotage by the emperor’s minions. Family scrolls and carvings were proof of fealty to Hiro Hito, at least according to the FBI. Recognition of the evils that could come from unquestioned law enforcement/government power, they are one and the same, came after World War II, when most Americans became aware of Nazi, Fascist, and later Soviet atrocities. In fact, we feared becoming like these regimes. In the 50s and 60s, our fear of socialism led us to the excesses of COINTELPRO, Operation Northwind, Operation Wormwood, and MKULTRA. Yes, that last one is not just a conspiracy theory; none of those are. Agents of the US government tried to bring about the death of Martin Luther King Jr, planned false flag terrorist strikes against Americans, and experimented with brainwashing and mind control, respectively.

After the assassination of a US president, the US did some soul-searching and realized that we did not have the rule of law if there were no laws the government had to follow, and new rules were set in place. By the 1970s, the US Supreme Court had ruled it was unconstitutional to use false evidence or testimony in a prosecution. It always amazes me, by the way, how the court’s opinions on a “clear reading of the Constitution” change with the political winds. In Dred Scott, slaves are property. In Civil War, “all are created equal”. By the mid-1980s, courts, and politics had chipped away at these rights to the point of obsolescence. I remember this time well, as I started serving in the military in the early 80s, when the Cold War was in full swing. We feared nuclear annihilation at the hands of soulless Soviet bureaucrats, and the US invested heavily in the military and in intelligence agencies. I was proud to serve during this time, making sure that WE did not become like THEM.

If you had told me back then that the actions of the US government would become almost indistinguishable from those of the Soviet Union AFTER they fell without firing a shot, I would have never believed you. But here we are. It was, in fact, a new war that brought about these changes. A war not against another nation, but against the American people itself, or at least about 40% of them. The dramatic changes wrought by this war were brought about in part by a president I voted for, Ronald Reagan, but did not come fully to fruition until the presidency of Bill Clinton. But let’s start with Reagan. Reagan did a lot of things. One of the things he did was change the rules in American courts. Arguing that the criminal justice system had collapsed, he advocated legal changes that would make it easier to deny the accused bail and allow prosecutors to use illegally seized evidence in court. He made it clear that it was time to put “public safety” ahead of “offender’s rights.” He argued that poverty and a bad environment did not produce crime and that retribution for criminals should be swift. While speaking to several thousand police officers, he said he regretted not having authorized more executions while he was the Governor of California. He would point out examples of murderers who had killed again after parole and said that “our legal system has failed to carry out its most important function -the protection of the innocent and the punishment of the guilty.” This was hard to argue against. Human beings, though capable of rational thought, most often make their decisions based on visceral emotional responses from much older systems in the brain. We then put those more rational systems to work, justifying our decisions. He passionately believed that capital punishment would reduce crime. Or at least said he did. He was, after all, a politician, and an actor.

This “common sense” argument has been proven false over and over again, yet it has a degree of “truthiness” to it, as Stephen Colbert would say, that does not allow it to die. Reagan also believed that the “exclusionary rule” prohibiting the use of illegally seized evidence, should not prohibit the use of that evidence at trial. This is also inherently truthy. No sane person wants a serial killer to go free with two bodies in the trunk because the taillight wasn’t really out when he was stopped. Reagan also argued to limit the use of habeas corpus petitions. Habeus corpus allows someone to argue that their trial or the verdict was unfair or wrong, and Reagan feared bad people would get off on “a technicality.” But what message did those words from the president of the United States, and the subsequent changes Reagan championed in the courts, have on our justice system? Simple. If you have to break the law to get a conviction, that’s okay, as long as you get the “bad guy.” People in prison whine too much and should not be listened to, and not enough bad guys are getting locked up or killed. In the past, police would carry throw-away guns to plant in case they shot an unarmed person; now, that wasn’t necessary; just say you ‘feared for your life.’ The biggest coward gets to cap the most people nowadays. And “testilying” became a phrase used by many corrupt police officers to describe what they did in court.

Sure, some cops had lied before, but in the past, there were consequences: Especially for lying under oath. Police and federal officers caught doing this were almost always fired; not anymore. Now, in the age of Conviction Uber Alles, they are treated like heroes. Prosecutors routinely allow witnesses, coerced, threatened, or paid, to lie to a grand jury, knowing that no one will hold them to account. And they are right: Especially when it comes to federal prosecutors. There is absolutely no one who can save you if they are determined to destroy you. And it all goes back to the war on drugs. Law enforcement officers can now seize and take your cash and other property without convicting you of any crime, just by saying they “thought” you were involved in drug trafficking. They routinely go to college campuses, arresting students and sending them out with orders to rope in more or do hard time: Destroying young lives before they even have a chance. They find marginalized groups of people and plant agent provocateurs in their midst to take them from peaceful protesters to having “conspired” to commit a criminal act.

And now, they imprison physicians who dare to practice medicine in a manner in which some politician, prosecutor, or federal agent does not approve. Treat the wrong patient, wrong by color, income, or ethnicity, with medications that should be reserved for “good” people, and they will send you away. Federal institutions like the VA started taking veterans off of medications that had kept them stable for years. Saving dollars and ignoring the dramatic increase in suicides. Now, the surviving veterans are routinely dying in agony or on the street: All in the name of the greater good. I used to be so proud of my uniforms. Now, I often feel that I should bury them on the little farm I grew up on in rural Arkansas. About ten centimeters down, I think, so they are in the soil of a nation from a different time: One that valued our service and protected the rule of law.

 

Gemi Spaulding v. Merrick Garland: Reflections on Our Morning in The United States Court of Appeals for the DC Circuit

Do the observations stated about this case suggest that this federal law is being violated? It is well known that “tricky dick” Nixon who pushed Congress to write the Control Substance Act and he was also a well-known bigot & racist and wanted to put all hippies and blacks in jail. Could he have put a structure in this bill to create such a “Kangaroo court” structure to help get more hippies and blacks in jail? How this DEA hearing proceeds sounds much like how a grand jury functions. The person being brought before a grand jury has no representation, the prosecutor controls what “facts” are presented to the grand jury. It has often been stated that a Grand Jury could indict a “ham sandwich”. Except “ham sandwiches ” don’t write prescriptions for controlled meds to treat pts!

42 USC 1395: Prohibition against any Federal interference

https://uscode.house.gov/view.xhtml?req=(title:42%20section:1395%20edition:prelim)

From Title 42-THE PUBLIC HEALTH AND WELFARE CHAPTER 7-SOCIAL SECURITY SUBCHAPTER XVIII-HEALTH INSURANCE FOR AGED AND DISABLED

§1395. Prohibition against any Federal interference

Nothing in this sub chapter shall be construed to authorize any Federal officer or employee to exercise any supervision or control over the practice of medicine or the manner in which medical services are provided, or over the selection, tenure, or compensation of any officer or employee of any institution, agency, or person providing health services; or to exercise any supervision or control over the administration or operation of any such institution, agency, or person.(Aug. 14, 1935, ch. 531, title XVIII, §1801, as added Pub. L. 89–97, title I, §102(a), July 30, 1965, 79 Stat. 291 .)

Statutory Notes and Related Subsidiaries

Short Title

For short title of title I of Pub. L. 89–97, which enacted this subchapter as the “Health Insurance for the Aged Act”, see section 100 of Pub. L. 89–97, set out as a Short Title of 1965 Amendment note under section 1305 of this title.

Protecting and Improving Guaranteed Medicare Benefits

Pub. L. 111–148, title III, §3601, Mar. 23, 2010, 124 Stat. 538 , provided that:

“(a) Protecting Guaranteed Medicare Benefits.-Nothing in the provisions of, or amendments made by, this Act [see Short Title note set out under section 18001 of this title] shall result in a reduction of guaranteed benefits under title XVIII of the Social Security Act [42 U.S.C. 1395 et seq.].

“(b) Ensuring That Medicare Savings Benefit the Medicare Program and Medicare Beneficiaries.-Savings generated for the Medicare program under title XVIII of the Social Security Act under the provisions of, and amendments made by, this Act shall extend the solvency of the Medicare trust funds, reduce Medicare premiums and other cost-sharing for beneficiaries, and improve or expand guaranteed Medicare benefits and protect access to Medicare providers.”


Gemi Spaulding v. Merrick Garland:  Reflections on Our Morning in The United States Court of Appeals for the DC Circuit

John Flannery’s opening statement to the court:

May it please the court, my name is John Flannery and it’s my privilege to represent these chronic pain patients.

The standard by which we measure a civilization is how we treat our own and by that standard we have done a miserable job, not just in this case, but in pain cases generally.

We don’t do anything to deal with the incalculable suffering that is foisted upon people, indeed by the careless act such as this one with Dr. Bockoff by which they suspended his license. They did it based on what a doctor, a hired gun, had said who had been found not to be credible in an Ohio Federal case. They did it based on extrapolating from five patients who basically didn’t have any serious charge about their treatment until the government was involved.

The DEA, by the administrator, suspended the license of Dr. Bockoff, a ban forcing him to abandon his patients on the spot even though abandonment is sanctioned in every state. The DEA did this. There was nothing the doctor could do about it. There was no notice or opportunity to be heard by the patients and as a result they were cast off to deal with things as they may.

John Flannery
From left to right: Hon. John P. Flannery, Louis and Kristen Ogden of Virginia, and Anne Fuqua of Alabama.

My name is Kristen Ogden and I advocate for chronic pain patients.  My husband, Louis Ogden, is one of them; he has suffered from pain since he was a child.  Dr. Bockoff’s chronic pain patients have waited a long time for their day in court.

Oral Arguments for the Court of Appeals for the D.C. Circuit were scheduled to begin at 9:30 a.m. on the morning of Tuesday, January 23, 2024.  Louis and I drove to D.C. the evening before and checked into a hotel.  Our friend Anne Fuqua, chronic pain patient and long-time advocate, had let us know she had arrived in D.C. earlier in the afternoon on January 22.  No way any of us were going to be late for this!

Our Uber driver dropped me and Louis off at the E. Barrett Prettyman Federal Courthouse on Constitution Avenue at 8:44 a.m.  We got through security screening quickly and headed to the cafeteria for coffee and yogurt.  Anne came in a few minutes later and joined us at our table.  I think we all felt pretty excited to be there.

People use the word “awesome” to describe all kinds of things, some of which don’t really deserve that adjective.  To me, walking the halls and approaching Courtroom 31 where we were about to hear John Flannery, representing the Patient Intervenors, and Anita Gay, Dept. of Justice attorney representing DEA, was pretty awesome.  After all, this Court of Appeals is said by many to be the second most influential court in the United States … second only to the Supreme Court.

The gentleman guarding the door into the courtroom seemed a bit surprised to see us.  I think everyone else in attendance was an attorney or a law clerk.  I guess they don’t get many spectators at these events.  We were all dressed appropriately but we probably didn’t look like attorneys.  The gentleman at the door asked us to turn off our phones and show him that they were turned off (airplane mode was not acceptable) and told us where not to sit.  We complied with his instructions and told him we were Mr. Flannery’s clients and that he told us we should sit behind him.  Now satisfied, the gentleman motioned for us to enter.

The courtroom was surprisingly small, but again I guess not many spectators.  The picture that was posted on the Court’s website along with the live audio feed of the session, and later the recording, looked exactly like the room we were in so I’m guessing it was the one in the picture.

Exactly why had we come to Court on Tuesday, January 23, 2024?  The purpose of this Appeals Court session was for a 3-judge panel to hear oral arguments from our attorney, John P. Flannery, and the Dept. of Justice attorney, Anita Gay. Mr. Flannery had told us to expect the session to be very short, and that there would be no witnesses, just the 2 attorneys giving short statements and responding to any questions the judges may have had.  We were told it was unlikely that the Court would issue a decision on the spot, so we were not expecting to learn the outcome during the session.

After Louis’ pain specialist, David Bockoff, had his DEA registration suspended on the spot with no notice on Oct 25, 2022, we – a group of Dr. Bockoff’s patients and their spouses/families – decided we had had enough of being yanked around by DEA.  For many of us, this was not the first time we had lost our doctor due to DEA actions.  We hired John Flannery and he recommended that we file a Motion to Intervene in the case of DEA vs. David Bockoff.  We did so, and, as expected, the DEA Administrative Law Judge (ALJ) denied our motion. The next step available to us was to appeal the ALJ’s decision, so we did, and that’s what this session was about. There is legal precedent for “interested persons” to make a Motion to Intervene in a case in which they otherwise can’t participate.  Many have said it’s probably the first time a group of patients have gotten together and tried to fight back against DEA.

Some have asked how they can join our lawsuit.  It’s not exactly a lawsuit … it’s an effort by a group of people to intervene in a DEA case against Dr. Bockoff. All of the involved patients were Dr. Bockoff’s patients and were affected when his DEA registration was suddenly suspended with no warning. We’re trying to make the case that we have a substantial interest in the outcome of DEA vs. David Bockoff and should therefore be able to have our attorney speak for us in the matter.

Our goal here is to persuade the Court of Appeals to approve our Motion to Intervene and give us the opportunity for our attorney to speak on our behalf and participate fully in any further hearings involving DEA vs Dr. Bockoff. The way DEA runs the Administrative Law Court leaves patients with no voice in the situation, when their doctor is cut off without warning. The specific relief sought by Mr. Flannery on our behalf is that the Appeals Court throw out the DEA ALJ’s decision denying our Motion to Intervene, approve our Motion, and tell DEA to hold their hearing about Dr. Bockoff’s situation all over again with Mr. Flannery having full participation to represent our interests in what happens to Dr. Bockoff.

We hope the Appeals Court will decide in our favor.  If they don’t, we intend to continue our pursuit of justice and we hope that others will try this or other legal efforts.  It has become obvious to us that patients and families need to stand up and get involved to try to help their doctors who are being unfairly charged. If successful, this could help the doctor and his or her patients. Our effort to intervene started out as Rebecca Snyder vs. Merrick Garland.  Sadly, in June 2023, Rebecca Snyder passed away while we were waiting for our day in court.  This case is now referred to as Case#: 23-1007 Gemi Spaulding vs. Merrick Garland.  Rebecca Snyder and Gemi Spaulding were both patients of Dr. Bockoff, as were Louis Ogden, Anne Fuqua, and the 5 other Patient Intervenors actively seeking justice.

So what did the judges and the attorneys talk about?  Who are the judges anyway?  I’ll start by clarifying the composition of the panel. Some who listened to the live feed or recording mistakenly thought they were hearing one female voice from the bench and concluded that there was just one judge.  The first judge to speak was Judge Karen Henderson who called on John Flannery at the beginning.  She presided but didn’t say much at all, leaving the questioning to Judge Neomi Rao and Judge Cornelia Pillard.  If you are interested, you can find information about all the Appeals Court Judges on the Court website at cadc.uscourts.gov.

John Flannery kindly provided us a summary about the session, so here’s the bottom line up front: “We argued to a 3-judge panel of the DC Court of Appeals that chronic pain patients have a right to intervene in a closed DEA proceeding that cut off their pain medications; DEA argued we didn’t have that right.”  That’s it in a nutshell.

The substance of the conversation that took place among Judge Rao, Judge Pillard, and the attorneys touched on a number of key legal concepts.  Judge Rao asked the first question a couple of minutes into Mr. Flannery’s presentation.

She was concerned about finality and stated the point that finality is jurisdictional … that is, the Court of Appeals can only rule on final decisions of lower courts.  We had learned earlier in this legal journey that decisions made by the DEA ALJ are technically recommended decisions until the DEA Administrator, presently Anne Milgram, approves them, and as far as we know, she has not taken any action on the ALJ’s Bockoff decision.  But, of course, being excluded from the flow of information as interested persons seeking to intervene but not having been approved to intervene, how can we know for sure?  John Flannery argued that since our Motion to Intervene had been denied by the ALJ soon after we filed in November 2022, the Patient Intervenors were effectively and entirely shut out of the closed official DEA process with no access to the particulars about the ongoing Bockoff case, so no other remedy was really available to us except this appeal. Judge Pillard entered into this discussion at some point and the subsequent conversation touched on the issues of finality (was there a final decision or not?), jurisdiction (does the Appeals Court have jurisdiction to render a decision in our case?), the matter of standing vs. access to intervene, whether other remedies were available to us on our path seeking to intervene, and to what extent was information about the DEA proceedings open to the public versus sealed?  The only knowledge we have had regarding the progress of Dr. Bockoff’s case has been an occasional bit of information received unofficially from someone in the know.

As the informal spokesperson for the Intervenors, I have worked most closely with Mr. Flannery and have provided occasional updates to the group.  However, I have done so and share my comments here with the following disclaimer:  I am not an attorney and have no legal background.  I have done my best to provide accurate updates to Dr. Bockoff’s patients and I do the same now for others who may read this article.  I know there are many patients and advocates out there who are very interested in what’s happening with this case.  If you don’t understand all this legal terminology, join the club, but be advised that you can learn a fair amount by spending 15 minutes googling on your phone.

I thank you for your interest in our case and for having the patience to read this.  I will close by telling you a couple of things we’ve observed along the way and by sharing John Flannery’s closing statement.

Louis and I have observed that the DEA administrative law process seems very biased against doctors and pain patients.  Law-abiding citizens who have done nothing wrong, both doctors and patients, are treated by the process as though they are without a doubt drug-trafficking criminals.  How can it be other than biased when the investigators, the prosecutors, and the judge are all part of the same closed process?  Unless you find a way to take your concerns outside DEA to another element of our government with some kind of authority to make impartial decisions, for example, the Federal Appeals Courts, or the ability to act to improve our situation in some way, for example, the US Congress or the President of the United States, things are not likely to change for the better … at least not anytime soon.

Some have asked why we traveled to D.C. for a 30-minute meeting in which no decision was likely to be made.  My answer:  because in my experience as an advocate, sometimes you just need to show up … show up and keep showing up.  It was our way of making a silent statement.  It’s a small thing that can have an impact.  Some have said to me that the audio of the meeting left them feeling pessimistic about the pending decision.  I don’t feel that way.  It’s my view that it could go either way.  The judges asked several questions that pointed to the possibility of a favorable decision.  No matter how things turn out at this step, we don’t plan to give up.  I do believe we have made several small gains.  The Appeals Court accepted our appeal.  The Appeals Court ordered oral arguments so they could ask questions and hear more from the attorneys.  We were able to go to this high court and hear our issues being discussed.  These are small gains, but positive steps in the right direction.  Patients, spouses, family members, advocates, doctors, pharmacists:  All need to engage now in our common defense.  If we can find a way to try to make a difference, so can you.

John Flannery’s closing thoughts:

The final thing I would say your honor is that Dr. Bockoff is a doctor who heals. He does not deal. And that we are, by upholding the practice of this ALJ, we are sanctioning the disregard of patients who suffer, I mean really physically suffer, because of these proceedings that hide in the shadows and do what they may. Thank you for your time. I appreciate it and my clients do too.

 

Barb had FIRST back/lumbar surgery yesterday

Barb was diagnosed with DDD (degenerative disk disease) decades ago. Over the last year, her lower back pain kept increasing. Her pain clinic increased the basal rate of her implanted Morphine pump twice at 15% each time. Didn’t help much.  MRI or CAT scan showed that L3 and L4 disks had “chipped”, shed, or something that caused one of her nerves to have impinged, causing increased/progressive pain in her lower back and down her left leg.

She kept hoping that there would be some “miracle” and things would improve.  She finally admitted that surgery was her only option. I reached out ( via his pt portal ) to the surgeon who did an excellent job with my partial knee last year, and asked “Do you know a neurosurgeon that is worth their salt”?  Those of us in healthcare, understand that all are generically educated and licensed, but not all are generically competent!

I talked to Barb’s surgeon after all was said & done, and he did not encounter anything unexpected, apparently, the MRI or CAT scan was extremely accurate. Back surgery is always a “crap shoot”, outcomes can result in the pt having no pain improvement, pain being worse or the pain being reduced to some degree. In reality, it can take up to 3 months to make a decision on how well the surgery went.

I reviewed Barb’s post-procedure pain meds prescribed with her nurse and it appeared that the surgeon prescribed ample opioids that should at least put a “significant dent” in her surgery-induced pain.

In the next couple of days, I become a 24/7 caregiver for an unknown length of time.

TULSIFICATION: THE SYNDEMIC WAR ON DRUGS AND DOJ-DEA TARGETING OF SUCCESSFUL BLACK AND BROWN DOCTORS, PHARMACISTS, NURSES, DENTISTS AND WHITES WITH ASSETS

 

TULSAFICATION: WAOK ATL “ON POINT,” WITH JAUNDOLYN STOKES: “THE SYNDEMIC WAR ON DRUGS AND DOJ-DEA TARGETING OF SUCCESSFUL BLACK AND BROWN DOCTORS,” PHARMACISTS, NURSES, DENTISTS AND WHITES WITH ASSETS


LANDMARK THIRD CIRCUIT CASE CHALLENGES DOJ- DEA ARTIFICIAL INTELLIGENCE VALIDITY USED IN CRIMINAL INVESTIGATIONS AND TRIALS AGAINST HEALTHCARE PROVIDERS

United States District Judge Gene Ellen Kreyche Pratter is renowned for her extensive expertise in law and technology.

FEDERAL THIRD CIRCUIT TO HOST LANDMARK ARTIFICIAL INTELLIGENCE CRIMINAL TRIAL IN THE UNITED STATES

GUILTY: based on biased algorithm fed into a infallible computer using artificial intelligence?

give me the man, and I will find the crime [for him]

https://en.wikipedia.org/wiki/Give_me_the_man_and_I_will_give_you_the_case_against_him

In Poland, the saying is associated with the criticism of the justice system under totalitarian (in particular, communist) regimes.[2][18][19]: 7 [7]: 179 [10] The saying has been described as “one of the most popular, depressing and representative sayings about the general powerlessness of people faced with unjust legal systems, characteristic to all countries governed by the communists”.[19]: 7 

Such abuse of power, exemplified by this saying, has been explicitly discussed in the context of military justice in the Stalinist era in Poland (1948–1956), particularly concerning the court’s ability to determine the legal classifications of the defendant’s actions, based on very vague and generic legal terminology. During that time, in several cases, the courts considered multiple competing classifications and often sided with the prosecution in defaulting to the one that would invoke the harshest punishments.[20]: 269–271 

The expression is widely used in Putin-era modern Russia to describe the fabrication of criminal cases by police and judges.

Newly released documents show that the US Federal Government has allowed insurance companies and unvetted AIs to target physicians who treat pain and addiction for prosecution. As crazy as this sounds, in 2017, Attorney General Jeff Sessions became convinced that the opioid crisis was not the fault of cartels smuggling fentanyl across porous American checkpoints. And it wasn’t due to pharmaceutical companies corrupting drug approval officials and DEA administrators by hiring them as consultants after making decisions in the company’s favor. No. The opioid crisis was caused by American physicians coddling pain patients and addicts. But reviewing all the actions of tens of thousands of physicians would take literally hundreds of years and thousands of agents, so the government paid for the development of a secret weapon. It hired a private company to create a new Artificial Intelligence that would be trained to look for actions taken by physicians that the DEA deemed “illegitimate.” The theory was that artificial intelligence-enforced precrime predictive models would provide a focused criminal deterrence in the practice of medicine. There is a strong incentive in this industry to err on the side of labeling activity as illegal; indeed, “bounties” can be paid to persons and companies identifying FWA. This company’s main selling point was the use of innovative data analysis, including data mining and predictive analytics, to identify patterns and improve operational efficiencies. “Dynamic Dashboards” were created to focus on what the AI programmers perceived to be criminal behavior. AI decision-making is only as good as the data and parameters it is fed. Insurance companies told the AI that many treatments were “medically unnecessary” and, therefore, indicative of fraud. The DEA then provided its interpretation of actions it thought showed criminal medical practice, including the number of patients seen and prescriptions written per month, particularly the number of Schedule II prescriptions. The distance a patient drove, whether or not the doctor’s office accepted cash payments, and the prescribing of a “trinity” of drugs, including a narcotic with a sedative, muscle relaxer, or even, amazingly, an antibiotic. These were all seen as indicative of criminal behavior. Ignoring the fact that medical textbooks, continuing medical education (CME), and evidence-based practice say otherwise. The CDC says that treatment for pain can continue even if a patient has been diagnosed with addiction. “Although identification of an opioid use disorder can alter the expected benefits and risks of opioid therapy for pain, patients with co-occurring pain and opioid use disorder require ongoing pain management that maximizes benefits relative to risks.” The AI also uses claims, encounters, pharmacy invoices, beneficiary enrollment files, state licensing board information, property records of targeted healthcare physicians, ownership/asset and financial filings of targeted healthcare physicians, and court records, as well as other custom data in its decision-making algorithm. Chief Executive Officer Ronald G. Forsythe said, “We have combined the book smarts’ of AI and our analysts with the “street smarts” of our investigators to create one beast of a program integrity tool. Unleash the beast!” And unleash it they did, becoming, in effect, a private police force. Physicians began to see their colleague’s clinic doors kicked down and watched as these doctors were pilloried in the media for prescribing “Millions” of morphine milligram dose equivalents!” which would then be conflated with millions of pills. No matter that this was a number accumulated over several years to sometimes thousands of patients and that palliative, cancer, sickle cell, and HIV/AIDs patients had not been excluded from the numbers. Once in court, “experts” cherry-picked by the prosecutors for their extreme views made conviction easy. How can we expect randomly chosen lay people without the benefit of any medical education to sort this out? Doctors were convicted by the thousands, and tens of thousands of pain and addiction patients could not find a physician anywhere who was brave enough to treat them. These patients were at extreme risk of either killing themselves, as many did, or going to the streets to try to buy their regular pain medications. Finding instead, fake hydrocodone and oxycodone tablets were laced with fentanyl, and they died by the thousands. American citizens have the right to receive compassionate and evidence-based healthcare, and physicians have the right to treat their patients in accordance with their education, training, and experience, without being prosecuted for violating the opinions of some healthcare executive or DEA agent. No matter what the AI “beast” says.

MARK IBPSEN,MD., OUTSPOKEN AND “MONTANIAN,”: RAISING HIS VOICE AGAINST EVIL, BARBARIC, SADISTIC MEDICAL TORTURE OF CHRONIC PAIN CARE PATIENTS! …WHY THERE MUST BE UNITED STATES SENATE AND HOUSE HEARINGS OF THE DEA…”OUR NATIONS HEALTHCARE SYSTEM IS AT STACK!!!!!

MARK IBPSEN,MD

IBBY MD: “THE OUTSPOKEN COMPASSIONATE MEDICAL VOICE FROM MONTANA!!!” PRESENTS: “EVA QUIRION’S,NP (THE STUTTHOF EVA PARADIES NURSE MONSTER OF MAINE) EVIL AND BARBARIC, SADISTIC, MEDICAL TORTURE OF CANCER PATIENT BRANDY STOKES”

DOJ-DEA ARMED WITH BADGES, GUNS, PROFOUND RED FLAGS OF STUPIDITY AND WHY DR. TIM KING IS AN IDIOIT: WHERE A-I HAS GONE TERRIBLY WRONG!!!

Timothy E. King, MD “The Rat King Mother of All Fraud” Dr. King’s assertion that prescriptions of opioids should be deemed illegitimate if there is no objective evidence of functional improvement among patients. This premise, however, fails to account for the inherently subjective nature of pain – a critical factor in assessing the effectiveness of pain management.

RED FLAG OF STUPIDITY

THE COMPLEXITY OF PAIN: WHY THE DOJ-DEA’s (ARMED WITH BADGES, GUNS, PROFOUND STUPIDITY) AND DR. TIM KING, MD; “ARE IDIOTS”….PART-2 EFFECTS OF TULSAFICATION (repost-republished)

 

Will All Seniors Eventually Have No Choice but Medicare Advantage?

What a lot of Medicare folks don’t understand, is that Medicare- C (Advantage) is provided by a for-profit insurance company, which also many own a PBM and a mail-order pharmacy. I sense at some point when Congress finally decides to attempt to balance our national budget and start working on reducing our national debt, which is now ~ 34 trillion. With Medicare-C, Congress pays a fixed $$/pt/month. Unlike traditional Medicare, where Congress has to pay for services that they are provided to Medicare folks with Traditional Medicare.

It is estimated that SS & Medicare will start having negative cash flow in the first of the next decade. I don’t see Congress just cutting everyone that is on traditional Medicare off. The last baby boomer turns 65 in 2029. I expect to see that starting in 2030, Congress will mandate that only Medicare-C will be available to new Medicare folks.

There will be dramatic changes in how healthcare is provided and the only pts who will really be happy with Medicare-C for all, will be those pts who don’t need much in the way of healthcare or costly healthcare.  Attrition will take care of the number of Medicare folks on Traditional Medicare.

 

Will All Seniors Eventually Have No Choice but Medicare Advantage?

https://www.medpagetoday.com/special-reports/exclusives/108423

MedPAC chair discusses need to fix MA’s confusing limitations, upcoding, and rising costs

Michael Chernew, PhD, chairs the influential Medicare Payment Advisory Commission (MedPAC), an independent 17-member panel appointed by the U.S. Comptroller General to advise Congress on Medicare policy.

MedPage Today recently interviewed Chernew by phone and email about growing concerns — throughout the country and among commission members — that private Medicare Advantage plans in some ways may be failing their mission to improve access to quality care and lower costs. These plans have become the dominant way beneficiaries receive health benefits.

Chernew, who is also a health policy professor and researcher at Harvard Medical School, said he was speaking from that role.

The interview has been edited for clarity and brevity.

Cheryl Clark: Medicare Advantage plans have been enrolling beneficiaries at astonishing rates, and plans now cover 52% of eligible lives, or almost 32 million people — up from 11 million in 2010 and 33% in 2016. At this pace, 70% or 80% of eligible people will be in an MA plan in a few more years. Eventually, will everyone be required to enroll in a Medicare Advantage plan to access benefits?

Michael Chernew, PhD: For the foreseeable future, I think traditional Medicare will still be an option, but just one that fewer people choose. The pace will slow as fewer people are left to convert. But there are now markets that — in Puerto Rico for example — 92% are in Medicare Advantage plans. There are already other markets outside of Puerto Rico that are 70% and 80%.

Clark: The idea behind MA plans was to control waste, fraud, and abuse, discourage low-value services, and avoid unnecessary and potentially harmful care. But there are growing concerns that Medicare Advantage plan companies have become too big and powerful, with the profit motive often being the determining factor in whether patients get care their doctors say they need. Some have called Part C a Frankenstein. Last year, we began seeing a growing number of large physician groups and whole health systems saying they won’t take some or all of the plans because of prior authorization delays and huge losses.

Chernew: Let me broaden your question. We’ve had HMOs in Medicare since 1973. And the motivation, much as you stated, is that there’s a lot of wasteful care in the American healthcare system. Health plans have the ability to both eliminate that waste, coordinate care, and engage beneficiaries to support better health. In Medicare, private plans do provide care more efficiently, avoiding fragmentation. There’s no way to think about the whole patient in a fee-for-service system.

And what I think is increasingly important is that payments to Medicare Advantage plans get funneled in part to beneficiaries so they have more generous coverage than the traditional Medicare program, which is not a particularly generous benefit package.

Clark: Do you mean like hearing and vision coverage, transportation to the doctor, and meals? Benefits that may not have a direct medical effect?

Chernew: Right, but more basic benefits, like lower outpatient cost sharing and lower deductibles for inpatient care — the gaps in traditional Medicare.

Clark: But are you saying it’s worked out the way it’s supposed to? Your staff studyopens in a new tab or window noted that MA plans have cost the Medicare program $613 billion more than beneficiaries in fee-for-service over the last 18 years, and $353 billion of that is in just the last 5 years, $88 billion more expected in 2024 alone. These private plans have been using the risk adjustment factor to score patients 20% sicker than their counterparts in fee-for-service, which means higher capitated revenue. And some people are concerned that we really don’t know if those extra benefits — that free transportation to the doctor or that lower copay for a dental visit that some of this money is paying for — have improved health status.

Chernew: I believe the Medicare Advantage program has successfully changed patterns of care in ways that have reduced overall utilization. They have enabled plans to offer better benefits to beneficiaries, financed by the plans’ efficiencies as well as the payments they’ve received. And there’s a range of technical things — changing the risk adjustment models, which we have already done — and making changes to the quality bonus program. There’s a lot of strategies one could take if one wanted to improve the balance of payments between Medicare Advantage and fee-for-service.

Clark: The Office of Inspector General’s reports have found so much upcoding, even fraud, in many of the leading plans that have deceived the trust fund into paying more than the patients’ actual diagnoses called for. How do we stop that?

Chernew: Although there has been some documented overly aggressive coding — and in some cases I’m sure it was downright fraud — the fee-for-service coding system is imperfect too. Medicare Advantage plans will have more intense coding just because they’re more accurate.

For example, a lot of fee-for-service patients who have diabetes coded in one year might not have that reported in a subsequent year. That the MA plan is more accurate in coding is not fraudulent, but it does contribute to this imbalance between payments. I wouldn’t characterize it as malicious as your question implied. I think on average, Medicare Advantage plans probably do a good job – my guess is a better job — than fee-for-service in treating beneficiaries with chronic conditions.

Clark: Let’s shift to some of the unintended or perhaps unappreciated consequences of majority MA enrollment. Physicians at large academic hospitals that specialize in certain conditions or diseases are excluded from MA networks. Patients can’t get a consult at the Mayo Clinic in Arizona and Florida, and they can’t get cancer care at Sloan Kettering. I have friends who have had symptoms that doctors in their MA networks couldn’t diagnose, but the expert was at UC San Diego. They had to fork over $900 for an out-of-network visit. What do we say to these centers when 70% or 80% of the Medicare population can’t benefit from their expertise? I don’t think many realize that when they enroll.

Chernew: This is a complicated question. Medicare Advantage involves a trade-off. Individuals choose to have a narrow network. The challenge is for CMS to make sure people have good quality care outside of academic medical centers. It’s not the case that if you don’t go to an academic medical center, you’ll get substandard care. But it is complicated when it’s a rare diagnosis.

And academic medical centers could be in network if they negotiate with the plans. But I have a hard time seeing how one accomplishes what one wants to accomplish in the Medicare Advantage space if one requires all the academic medical centers to be in a network, or some version of that.

That said, there are some areas that merit some attention; there’s a penalty if you try to switch out of a Medicare Advantage plan because you could be underwritten in the Medigap market and it may be more expensive to get a Medigap plan.

Clark: It’s not a penalty. It’s often a rejection, right? There are 46 states that allow underwriting for supplemental plans and that usually means getting rejected for common health issues like uncontrolled diabetes or a recent hospitalization.

Chernew: I think this is going to become a growing policy issue. The problem is, if you allow people to switch back to a supplemental plan as soon as they need care, you create adverse selection. If everybody chooses the cheaper MA plan when they’re healthy, and the supplement plans when they’re sick, then the whole market collapses. In the states that prohibit underwriting, supplemental plan premiums are more expensive.

Also, the premise that the fee-for-service system has better quality and is more efficient is actually not true. It’s easy to tell stories of people in the fee-for-service system who didn’t get the care they wanted, got too much care, and were harmed in some way. Also, in Medicare Advantage there’s a lot of heterogeneity. Some plans do a better job than other plans.

Clark: Another consequence of MA plans dominating the market is that there are certain metrics, like readmissions and hospital-acquired conditions, by which we score quality of care for everybody. But those scores are drawn from care provided only to fee-for-service beneficiaries. If those scores are based on care to only a few million patients, can they still be a reliable index to score care for everybody?

Chernew: We’ll need to think about how robust those systems are for a growing MA system. Some of those measures you mention — readmissions for example — are not the best quality measures. Some other programs like MIPS (the Merit-Based Payment Incentive Program) are really lacking.

Clark: Traditional Medicare beneficiaries usually subscribe to a Part D plan, but as more beneficiaries choose Medicare Advantage plans with Part D benefits, the number of companies offering Part D plans is declining. Of course, choosing a Part D plan is impossibly confusing and seniors have to do that every year, so maybe it’s a good thing that there will be fewer Part D options?

Chernew: Of the many concerns I have about Medicare Advantage growth, the impact on the Part D market is low on my list. The other issue, how people choose the right plan, is a bigger concern. The benefits are hard to figure out and systems are hard to compare. It is hard to choose a plan. And even with MA plans with drug benefits, you have to figure out the same issues. You have to figure out the networks, what the benefits mean, and then you take a particular benefit, like dental. There’s a wide range of details.

Clark: I am well aware of the confusion and frustration. I know people who were in tears last fall trying to navigate the system after Scripps Health medical groups told 32,000 MA enrollees they weren’t contracting with any MA plans in 2024 because they were losing too much money. People I’ve known for years were devastated, and some didn’t even realize they were in an MA plan.

Chernew: When that happens, beneficiaries can choose a different MA plan. But that’s asking people to do a lot. They have to find new doctors and go through a lot of paperwork.

Clark: We’ve heard a lot about MA enrollees not being able to figure out which doctors are in network and are actually accepting new patients. Sometimes they’re listed in network but they’re on leave or their practices are full.

Chernew: That’s no doubt an issue. MA plans rely on networks to accomplish what they need to do, and on balance that’s probably a good thing but it makes choice complicated. It’s also true that an MA plan can exclude providers who might not be particularly good physicians.

The concern you raised, that when you have a bunch of competing health plans, some of them may be doing things that you would rather them not be doing, and that their beneficiaries may not be aware of, is a real concern. Is there an important role for some level of government oversight? And how do you balance that oversight with allowing the market to actually work? That will be a continuing objective of policymakers as Medicare Advantage grows, and a more important objective.

Clark: Let’s talk about misleading MA plan marketing, which CMS has tried to rein in, but there are still a lot of misleading claims.

Chernew: People are getting advice from brokers and sometimes it’s great, and sometimes not so great, sometimes given by agents who are rewarded by the plans. CMS is trying to get on top of that problem. The plans are just so complicated and so varied, there may be value in some type of standardizing benefits. It’s hard to make sure everybody gets the information they need. The broader issue you raised is that people don’t know they’re in a Medicare Advantage plan. My father wasn’t even sure.

Clark: Is he in an MA plan?

Chernew: I don’t know. I asked him and he didn’t know. He has a plan through his previous employer.

Clark: Whenever I am interviewing a senior doctor who is not employed, if the opportunity presents itself I ask if he or she has Medicare Advantage or fee-for-service. I have yet to find one in an MA plan, including many Kaiser doctors.

Chernew: I haven’t done a systematic study of that issue.

Clark: Let’s talk about delays and denials of care, prior authorization and the use of algorithms that automatically reject doctors’ requests for referrals. Sen. Richard Blumenthal (D-Conn.) said during a hearing last year that MA is “fine … so long as you don’t need it for the big stuff.”

Chernew: It is a concern and will be an ongoing tension. I remain concerned about excessive prior authorization, inadequate networks, and a whole range of things that remain major issues. There are concerns about specific plans that provide really substandard access and substandard care, and that are being overly aggressive in their claim denials. Patients are not getting the care they need and their experiences are atrocious. There are pockets of real problems. But that tends to not be what you find in a broad swath of evidence.

Clark: You may not have bodies or corpses to count. But what you do have, in my experience, listening to people who have been there, is anxiety as they waited for months for an appointment or approval. And they can’t manage the appeals process. Some people say star ratings for these plans should include a measure of their denial rates.

Chernew: Certainly understanding the rate of denials, and more importantly, what is being denied, would be valuable information. A colleague years ago was upset because his son – in a managed care plan — was in a serious accident and was discharged earlier than the father thought he should be and that he got very bad care. But he later learned that the issue was that the son was at risk of infection and getting out of the hospital to home was much safer.

Clark: Last question. How’s the solvency of the Medicare trust fund in light of the much higher spending going to MA plans?

Chernew: Medicare spending in general has been growing more slowly for a bunch of reasons. There have been some inexplicable reductions in utilization of certain types of care, and a shift to cheaper settings, hospitals to outpatient. But if your question is, can we improve the fiscal solvency of the Medicare program by cutting MA, the answer is absolutely, yes. Would we lose something? Yes. Will we lose a lot? If we cut modestly, I don’t think so. But that remains to be seen.

Osmin Morales, MD convicted

Osmin Morales, MD convicted

https://doctorsofcourage.org/osmin-morales-md/

Following only a 7 day trial, 72 y/o Osmin Morales, MD, an interventional pain management physician in South Miami, FL was convicted Jan 12, 2024 of conspiracy to unlawfully dispense and distribute controlled substances, and six counts of unlawfully dispensing controlled substances. Just shows how the government propaganda is still convicting innocent doctors and people need to help stop this.

So how is this being accomplished? In the DoJ report, they even say

“Under federal law, a physician is authorized to dispense (prescribe) controlled substances only when there is a legitimate medical basis for doing so, and the dispensing is consistent with accepted standards of professional medical practice.”

But then, to continue the government propaganda, the report says that Dr. Morales

“established a purported pain management clinic in which he issued prescriptions for controlled substances, principally oxycodone, morphine, and alprazolam… to most patients who sought them, without any appropriate medical basis.”

But when questioned, government agents always say they can’t determine legitimate medical practice because they aren’t doctors. They don’t have to, though, since they have everyone in America believing their propaganda that opioids cause addiction.

To stop these attacks on doctors, we must get the CSA repealed. Why? Because opioids need to be treated like any other non-controlled drugs that a doctors prescribes. For example, according to the government report (which we, BTW, can take with a grain of salt),

  1. Morales “issued prescriptions…without examining the patients, often when he was not even present in the clinic. He also often pre-wrote many prescriptions for controlled substances and provided them to his office managers to hand out for cash payments of $250 to regular patients”, adding at the end of the statement their accusation “with the purpose of unlawfully maximizing the clinic’s profits.”

If this was standard medications and not controlled substances, none of these actions would be considered illegal by anyone, even the DOJ. They shouldn’t be considered illegal for controlled drugs either.  If a doctor can’t be at the office every day, but patients need their medications to continue, and the prescriptions, by law, can only be written for a month at a time, then it shows a compassionate, caring physician to make sure the regular patient can pick the scripts up. And if the doctor wants to consider that an office visit and doesn’t bill insurance for it, then the standard office visit price should be allowed.  $250 is low for a standard office visit today. The doctors not taking insurance in my area charge $350. And Florida is probably even more expensive.

  1. A pain medicine expert witness, Dr. Rubenstein, testified that none of the patient medical records he had examined contained any proper medical basis for the use of opioids, such as oxycodone or morphine, nor any basis for the use of benzodiazepines, such as alprazolam. The pain medicine expert also testified that the combination of opioids and benzodiazepines that Morales regularly prescribed, both of which are central nervous system depressants, created an enhanced risk of overdose and death.’

These “pain medicine experts” that the government pays to say whatever they are told to say on the witness stand will someday answer for their crimes to humanity.  How can they say, in this day and time when a pain patient doesn’t even know if they will get their pain medicine, that there isn’t a need for an anti-anxiety medicine like alprazolam?  And the attacks on opioids and benzodiazepines is purely bogus government propaganda to attack physicians. They have been prescribed together for 50 years without any major problems.

  1. The trial also exposed discrepancies in Morales’s medical records, which purportedly detailed patient examinations during periods when he was confirmed to be out of the country by U.S. Customs and Border Protection records.

But what about telehealth?  Couldn’t the doctor have conducted a virtual visit with these patients? Telehealth is accepted today. And if a pain management physician is alone in his practice, there must be a way for patients to receive their prescriptions in a timely manner so they don’t suffer or go into withdrawal. It would appear, though, that the DOJ report on the trial doesn’t mention this possibility. The visit could even have been conducted by phone call. Since pain patients have to be evaluated monthly, and usually the prescriptions are just continued, a face-to-face is not needed. It is even in the Controlled Substance Act that a face-to-face only has to be conducted every 24 months.

  1. The Drug Enforcement Administration (DEA) agent testified that Morales prescribed opioids to over 1,000 patients, frequently at maximum doses, and a substantial number of these patients had criminal records related to drug dealing.

There is no such thing as a “maximum dose” with opioids.  If they are using the 90mme’s based on the CDC guidelines, even the CDC came out with a revision stating that is wrong.

  1. In addition to job security of the DOJ offices and DEA agents, here is the main reason for these attacks: “Assistant U.S. Attorneys Emily Stone and Mitchell Hyman are handling asset forfeiture.”

At the age of 72, Dr. Morales has savings, a home, cars, maybe a boat, that the government will confiscate so they can divide the proceeds among all of the divisions that helped in the investigation, from federal agencies to local law enforcement.

The media plays into this–even the websites for doctors. The headline on Becker’s ASC Review, a website for medical professionals, was

Florida physician found guilty of selling prescriptions for cash

Those really guilty of using prescriptions for cash are the government agents, such as U.S. Attorney Markenzy Lapointe, DEA Special Agent Deanne L. Reuter, Assistant U.S. Attorneys Frank Tamen, Theodore Joseph O’Brien, Emily Stone and Mitchell Hyman, and the US Customs and Border Protection which helped in the case creation.