Protect Pain Care | Dr. Jeffrey Fudin

Protect Pain Care | Dr. Jeffrey Fudin

The latest indignity and law enforcement incursion upon medical service:

check out http://www.protectpaincare.org/.

This is as foul an indignity as people with chronic pain have yet suffered. And all because we have failed to change our healthcare system to accommodate the use of controlled substances for pain, with training, time, reimbursement and all the things that are needed to make opioids safer. Physicians don’t have the time to assess and monitor people with pain but profiteers and others do.

If I had chronic pain and was desperate, would I be willing to sacrifice my privacy and further sacrifice my dignity? Up to now I would only have had to do that at the pharmacy. Now my doctor, the person I hope to trust and have trust me back, is going to farm out the job of assessment and monitoring of me to law enforcement – are you kidding me!?!? And if I don’t want to participate, what choice do I have?

Comments on Dr. Fudin’s article:

For prosecutors and law enforcement officers to advocate up to the point of starting and signing petitions ‘asking’ patients with legitimate disease(s) to give up their 4th amendment rights in order to gain access to pain treatment medications(and to fight diversion) is simply going beyond the pale. Just when one thinks they’ve seen it all and believes nothing would shock them ‘they’ roll something like this out.


Key words here, “So patients can make decisions.” I feel like my hands are tied behind my back and I am being thrown into a vast sea of political and financial agendas (including alternative medicine). What has happened to our common sense in this country? Let’s see some media hype on what IS working to help people live a more productive life despite their use of opioids or CAM therapies.  


And here’s what you’ll find on the “ProtectPainCare”  site:

Home Page of ProtectPainCare

A Technological Advancement in the Management of Chronic Pain

Pharmacovigilance Biometrics is a technology and service solution to the challenges of the growing Prescription Drug Abuse and Diversion that has plagued communities throughout America for more than 10 years.

To resolve these challenges, PPPFD is introducing a sound technological medical service to the Medical Community, Patients, and Law Enforcement.

We are confident that the demand and growth of Pharmacovigilance Biometrics will be the result of support by;   

1) Law Enforcement: by deterring prescription drug diversion activities such as Doctor Shopping

Notice law enforcement is listed first.

2) Insurance Companies and CMS: through a reduction in the direct and indirect cost inherent in Prescription Drug Abuse and Diversion

Then the money interests are mentioned.

3) Patients and Pain Advocacy Groups: by improving law-abiding patient access to pain treatment

This harassment and abuse is bizarrely claimed to be a benefit to patients.

4) Physicians and Medical Organizations: by protecting the Physician from the Double Jeopardy Risk of treating pain

This service will be taking over a part of the doctor’s job: evaluating the patient’s well-being.

5) Pharmacies: through a reduction in fraud and identity theft with a resulting increase in inspector confidence

6) Pharmaceutical Companies: who produce “high risk” medications by ensuring that legitimate patients receive appropriate medications which will increase physician prescribing confidence.

This whole procedure of “vetting” patients like criminals destroys the patient’s relationship with their doctor and makes pain management a production line process, with parts outsourced to the cheapest provider.

Team Page of ProtectPainCare

PPPFD BioMatrix Registry™ is a Nationwide, internet based, Biometrics enabled, Prescription and Patient Tracking Program that actually helps STOP Rx Narcotics Fraud!

Narcotic Auditors are the first line of defense in our fight against prescription diversion.  The narcotics auditors have a face to face interaction, every month, with every patient to develop a complete risk assessment.

They clearly assume even patients with decades of opiate treatment should be treated as potential criminals and go through this degrading and humiliating process every month for the rest of their lives.

Our Field Auditors are our face in the community.  The Field Auditors travel throughout the community to complete compliance checks with patients.  The Field Auditors are also our law enforcement and pharmacy liasons.

There’s a heavy emphasis on law enforcement throughout, which seems to be the main service they provide.

Patients Page of ProtectPainCare

biometrically enabled Pain Care Access™ to Protected Physicians. Here’s how it works

Before the patient sees the physician for their pain medicine visit, our Narcotics Auditor will interview the patient and complete a Risk Intervention Audit Report.

This report does a more thorough background check than the police do when you are arrested.   Patients needing opiates for pain are being subjected to law enforcement procedures used for criminals. (see a previous post about this issue: Pain is no longer a medical issue, it has become a legal issue)

The oral patient answers will be voice recorded and analyzed for veracity if the patient agrees it is necessary. The patients’ finger prints will be scanned into our online BioMatrix Registry that is designed to alert us if the patient has a stolen identity and is seeing other physicians in our BioMatrix Registry Network.  A background check is completed, a track marks search is conducted, and relevant state Prescription Monitoring Programs are checked.

The patient will be issued a Registered Patient ID card that has their photo, signature, and secure password to their profile on the world wide web BioMatrix Registry.   The completed Risk Intervention Audit Report is signed by the patient and by the Auditor and put in the patient chart for the physician examination of the patient.

Registered Patients will be able to bypass most of the current “drug abuse” related harassments and the obstacles to finding a physician who is able to treat their severe chronic pain with safe and effective analgesics.

Isn’t this procedure exactly the kind of “harassment and obstacles” they claim we’ll be able to bypass?  This is not a one-time process; on the page for physicians, they talk about monthly face to face encounters with their narcotics squad.

A Gallup Survey says “40% of pain patients are willing to spend all their money for pain relief!”

By showing how desperate patients are to get their pain medication, this reassures their physician customers how easily patients can be coerced to give up their rights and comply with these procedures.


I hope you’ll take a moment to read and enter a comment on Dr. Fudin’s post Protect Pain Care | Dr. Jeffrey Fudin to protest this outrage.

10 thoughts on “Protect Pain Care | Dr. Jeffrey Fudin

  1. stitchgnomercy

    This is absolutely frightening. As if it isn’t bad enough to have opioid contracts, have to pay for drug tests that cost hundreds of dollars, have to see the expensive pain specialist every month, have to hope that the pharmacy we picked to be the only pharmacy we’ll use has our medication on the exact day we can pick it up, etc ad nauseum.

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    1. Zyp Czyk Post author

      I’m outraged that law enforcement is taking over medical decisions, and I don’t understand why the AMA isn’t pushing back. I thought HIPPA guaranteed our right to medical privacy, to the point that it’s made it cumbersome for me or other doctors to get access to my medical records.

      Apparently, if there’s an opiate prescription involved, all those rules are thrown aside in the rush to find and prosecute pain patients taking “too many” opiates. I still can’t believe this hasn’t been legally challenged, but I guess it’s because everyone is terrified to stand up against the drug warriors’ overreach.

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  2. Payne Hertz

    You should read Dr Fudin’s comments in that article, the link labeled “suing illicit street drugs” and his website in general. Turns out he is a paid consultant for a drug-testing laboratory and promotes a regime of “rational opioid monitoring,” which is far more degrading, invasive and coercive than what we currently endure.

    “Rational opioid monitoring” is a fiction based on the false claim that physicians, with the right training and of course, “reimbursement” can successfully distinguish between “legitimate” chronic pain patients and those deemed unworthy of receiving pain relief. The experience of millions of people in pain who are routinely stigmatized as “addicts” and denied treatment proves otherwise. The other fiction is that there is a rational basis for reflexively denying opiates to those who suffer from addictions, when numerous studies have demonstrated the efficacy of opioid maintenance as a treatment strategy for narcotic addiction.

    Fudin is quite the hypocrite attacking the competition for a drug compliance regime that may be somewhat more degrading than what he promotes, but is a logical extension of the same mindset that doctors can and should be the ones to control our choices, since we are unworthy of making our own decisions and they can magically protect society from the ill effects of these drugs.

    There is nothing “rational” about an approach that is based on pseudoscience, arbitrary criteria and the usurping by the medical profession of our moral right to make our own choices. There is nothing “rational” about an approach that is about a accurate at achieving its stated goals as throwing darts at a bulletin board full of names. Any successful addict is one who by definition can bypass these restrictions, while the people who get caught in the dragnet are innocent people with pain who make mistakes or don’t understand how the system is rigged against them.

    Doctors want to do away with “monitoring” by the DEA of drug-dealing doctors while subjecting us to coercive controls with zero tolerance for even the slightest deviation from full compliance.

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  3. painkills2

    It’s funny, but I didn’t really notice how unfair the whole set-up for the medical industry was until I became a medical cannabis patient. To renew for the program every year, a “severe chronic pain” patient must see 2 doctors (when everyone else only has to see one), at a cost of over $300. Then recently, the Department of Health says that if a pain patient’s records (MRIs, etc.) are over 5 years old, they have to be updated. WTF?

    It’s already the case that chronic pain patients are required to have tried all other standard treatments before being eligible for the medical cannabis program — I mean, the people in the program are already some of the sickest of the sickest, made poor by our “great” health care system. Why do we have to continue to financially support a system that failed us?

    And there’s also the application/card fee for a medical cannabis program, which in some states can go as high as $300. And that’s an annual fee! In comparison, Colorado recently decreased its fee to $15. Of course, the medicine itself isn’t covered by insurance.

    All this to say, the vast majority of doctors won’t even prescribe medical cannabis, and don’t know much about it either. To get around the federal law, doctors “certify” a patient’s medical condition — something Social Security has already done. Why do I have to continue to pay doctors for doing nothing but filling out forms?

    And Payne is right to to be both angry and concerned — doctors already have immense power over patients, especially with insurance companies. Patients should create their own records of every appointment and treatment, as your doctor’s notes and records always contain errors. Then it’s your word against theirs.

    The doctor/patient relationship died years ago, and the DEA killed HIPAA. As Fox Mulder said, “Trust No One.”

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  4. Payne Hertz

    There is one and only one reason why doctors treat us the way they do:

    Because they can.

    If we are to ever escape this cycle of abuse and exploitation, we need to make it so they can’t. The only way to do that is legalize these drugs and put the decision whether we take them or not in our hands and our hands alone. Then you don’t need a doctor and they will actually have to become informed and make themselves useful in some fashion before anyone will involve them in this decision.

    This is why I oppose “medical marijuana.” It is every bit the kleptocratic scam as “medical opiates” has been, turning a weed you can grow in a ditch into a $600.00 an ounce gold mine. It is Prohibition, Part Deux with the same goal of keeping the weed trade profitable only now bringing the doctors in for their cut of the profits.

    It is convenient for doctors to lay the blame for this mess on the DEA when the abuses and attitudes we face predate the DEA and are not limited to the US. Just look at this comment form the October 1969 BMJ entitled “Drug Seeker.” Here we have a heartless and amoral doctor writing under his own name to medically blacklist a BLIND patient by name as a drug seeker right on the pages of one of the world’s leading medical journals, and the editors didn’t have a problem with this. The stigma we face is an old one. The AMA is on record as supporting a controversial website that blacklisted patients for filing malpractice claims, though the controversy caused the site to shut down.

    This is ethics? I don’t think it is the DEA that destroyed HIPAA; privacy rights have never been respected when it comes to people with pain or anyone deemed a threat to doctors. They can’t (legally) share your medical records without your consent but they can lie about you in those records and accuse you of being a problem patient behind your back. I had a debate with a medical ethicist who justified this sort of thing as “professional courtesy.”

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    1. Painkills2

      I didn’t know about that website that blacklisted patients, but a lawsuit is public information, so I guess they weren’t breaking any HIPAA laws. In an article I read from 2004, a doctor from the California Medical Association said:

      “The unfortunate reality is, on the other hand, that there are just plain too many frivolous lawsuits bringing the cost of malpractice up…”

      Frivolous? Sure. I think the unfortunate reality is that there are more and more doctors committing medical malpractice, and that’s why the cost of malpractice insurance has increased. Of course, insurance rates increase for a number of reasons — like, because they can. :)

      Since lawsuit reform placed caps on the amounts plaintiffs can sue for, the number of attorneys who will even take on medical malpractice cases has significantly decreased. And the result?

      As reported by ProPublica 9/20/2013: “Now comes a study in the current issue of the Journal of Patient Safety that says the numbers may be much higher — between 210,000 and 440,000 patients each year who go to the hospital for care suffer some type of preventable harm that contributes to their death. That would make medical errors the third-leading cause of death in America, behind heart disease, which is the first, and cancer, which is second.”

      Perhaps “professional courtesy” includes the medical industry taking responsibility for this medical-error epidemic?

      Yes, the only answer is to legalize drugs — and we’re starting with marijuana. Look how long that’s taking? I’m sorry, but I have a hard time believing that the U.S. will ever legalize drugs… well, maybe after I’m dead. Or if we elect Richard Branson for president.

      The DEA destroyed HIPAA because they criminalized chronic pain patients — and when you’re a criminal, you have no right to privacy. And then you have insurance companies, who actually make money from selling our medical information.

      One of the main reasons we go to the doctor is because of pain, and of course to get a prescription. Doctors are the legal drug dealers; pharmacists are the distributors; the DEA is the gatekeeper of the supply; and the insurance companies decide who pays. That’s an awful lot of people involved in my medical decisions.

      If doctors keep removing the number and kinds of drugs they’re allowed to prescribe, they’re gonna put themselves right out of business. After all, the internet gives us access to the same knowledge that doctors have, and usually it’s more updated. What, do doctors think that outsourcing jobs to technology was never going to affect them?

      We are now healthcare consumers — we better get used to it. And we’ve got an international marketplace… Did you know you can get codeine over the counter in Canada? And what about Mexico? Silk Road… 4.0? :D

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  5. Payne Hertz

    A lawsuit is public information but you have to go down to the courthouse to get it. Having a nationwide blacklist puts the information at your fingertips. It may not violate HIPAA per se but protecting patient privacy is supposed to be a primary mainstay of medical ethics, irregardless of what the law allows. The fact we need a law to protect patient privacy shows juist how weak that ethic is. We now have doctors promoting prescription drug databases, which also function as a blacklist and allow patients to be demonized as drug-seekers for no other reason than running into doctors who won’t give them more than 30 pills per month.

    Frivolous malpractice claims are largely a myth. To the extent they exist at all they are dwarfed by legitimate claims that go nowhere because because the deck is stacked against plaintiffs. Even Victor Schwartz, General Counsel for the American Tort Reform Association has acknowledged that “It is “rare or unusual” for a plaintiff lawyer to bring a frivolous malpractice suit because they are too expensive to bring.”

    http://www.thepoptort.com/2011/01/the-unlikely-victor-schwartz.html

    Most of this “War on Doctors” nonsense falls into a similar pattern of the medical profession claiming every thing that is wrong in the system is due to governement regulation and if we just get the government off their backs and pay them more money, they can go back to providing safe and compassionate “care” to us just like they did in Neverland. Just don’t remove the government regulations that protect their lucrative monopoly on medical treatment, and don’t get the DEA off patients’ backs

    Yeah, hundreds of thousands of people killed and injured every year but all the focus is on those who allegedly die due to narcotics…curious, isn’t it? Apparently, some victims are more dead than others.

    There are multiple factions within the medical system vying for different profit pools, some of which tend to be mutually exclusive. The real money nowadays is in shots, surgeries and pain clinics, which generate a lot more money than handing scripts out. If patients have ready access to pain meds they often won’t go in for the surgeries, shots and pain clinics, so access to pain meds must be curtailed with exaggerated accounts of their dangers. Meanwhile the dangers of unnecessary procedures, which claim over 25,000 lives a year, are ignored. The backlash against pain meds is largely a battle of the rice bowls between the shot jockies, pain clinics and surgeons on the one hand and the wannabe pill millers on the other.

    This isn’t to say handing our scripts isn’t profitable. If a doctor sees 1,000 pain patients a year and gives them a urinalysis every month at an assumed $25 profit a pop, that’s $300,000 right there. Rational opioid monitoring for fun *and* profit. If we get the DEA off their backs as doctors demand, they can start charging those 1,000 patients $250.00 a month “retainers” like the pill mills do while tossing out scripts like rice at a wedding. That’s a cool 3 million a year. Now throw in the kickbacks from scripts, scans, PT, psychiatrists and everyone else they can force you to see due to that “contract” you signed. Street dealers can only look on with envy.

    But what about the poor surgeons being robbed of their income providing treatments with little evidence of medical efficacy but tons of evidence of severe risks? Think of the children!

    Perhaps they should pass a law saying you can’t have certain meds until you have tried every medical treatment in existence, this way they can all make money and be happy…oh wait, they have.

    Drug legalization will happen when the 100 million people with chronic pain stop waiting for “our” doctors to fix the mess they created and get off their asses to demand it…or else.

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  6. Painkills2

    I don’t want to say that shots never work, because for some patients, they do. I don’t want to say that surgery doesn’t work either, because for some patients, it does. And perhaps pain patients who have found adequate relief through standard treatments have no need to complain, so we don’t hear from them as much.

    It’s only after FDA approval and years of experimentation on thousands of patients before a treatment or drug is shown to actually cause more harm than first thought. I mean, isn’t that true for so many drugs? Only short-term studies are used to prove efficacy, so long-term harm is only found after the fact. Sometimes, decades after the fact.

    I could make a long list of treatments that have proven to be ineffective or harmful but are still being used today. I cringe when I think about the future of pain patients who get cortisone shots in their knees every three months — and I know athletes get them more often than that. Patients are making the problem worse by abusing these treatments; not that your doctor will tell you that.

    On the other hand, it seems like the main harm from opiates and narcotics is “addiction” — sure, there is fear-mongering about hyperalgesia and other rare side effects, but I don’t think I’ve read that the long-term effects of opioids are worse than, say, cortisone (or botox) injections.

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  7. Pingback: NARxCHECK – another barrier between patients and pain meds | EDS Info (Ehlers-Danlos Syndrome)

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