Tag Archives: anti-opioid-law

DOJ Tricks Used in Prescribing Prosecution

DOJ Tricks Used in Healthcare Fraud and Prescribing Prosecution – by Ron Chapman II on twitter: @HealthcareDef – June 2020

This is a sickening view into the murky drug-war tactics that our doctors have to face any time they prescribe opioids for chronic, ongoing pain.

I have had the opportunity to represent hundreds of healthcare professionals facing scrutiny from the federal government for healthcare fraud and drug trafficking. From this perspective I have been able to see the evolving playbook utilized by the DOJ to prosecute physicians.

Here are ten tricks used by the DOJ to convict physicians and other healthcare professionals for charges of healthcare fraud and unlawful prescribing.   Continue reading

Coronavirus: Is it in the Air? An ICU Doctor Talks

Coronavirus #7: Is it in the Air?  An ICU Doctor Talks,- Health Rising – by Cort Johnson | Apr 6, 2020

Is the virus spreading through the air?

…could somebody sneeze, cough or simply breathe, and thirty minutes later infect you if you walk through the air they were in?

Staying aloft that long would require that the virus be present in aerosolized particles (as opposed to droplets) smaller than 5 micrometres (.0002 inches) in diameter. These tiny aerosolized particles can be passed simply by talking and breathing.

On March 27th, the World Health Organization stated that “there is not sufficient evidence to suggest that SARS-CoV-2 is airborne.”    Continue reading

One-Size-Fits-All Regulations Can Be a Straitjacket

Governors Discover One-Size-Fits-All Regulations Can Be a Straitjacket—The Same Is True With Pain Prescription Limits | Cato @ LibertyBy Jeffrey A. Singer – Mar 2020

The 2016 guidelines for the treatment of acute and chronic pain issued by the Centers for Disease Control and Prevention, like Medicare’s CRNA regulation, were always meant to be optional. In fact, in its opening section, the guidelines state:

“Clinical decision making should be based on a relationship between the clinician and patient, and an understanding of the patient’s clinical situation, functioning, and life context.”

This is the part that everyone is ignoring but will come back to haunt us when more and more of medicine is standardized. This COVID crisis is exposing how disorganized and broken (but always profitable!) our healthcare system is.  Continue reading

Minnesota bill allowing opioids for intractable pain

A bill for an act relating to health; changing intractable pain provisions; amending Minnesota Statues 2018 

I’m thrilled to see that one of the states that legislated some of the earliest and most extreme anti-opioid rules is now realizing that intractable chronic pain sometimes *does* require opioid medication indefinitely.

Section 1. Minnesota Statutes 2018, section 152.125, is amended to read: 152.125 INTRACTABLE PAIN.

Subdivision 1. Definition.

For purposes of this section, “intractable pain” means a pain state, that includes but is not limited to noncancer pain and rare diseases, in which the cause or causes of the pain cannot be removed or otherwise treated with the consent of the patient and in which, in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts.   Continue reading

Life (Plus a great deal of Pain) after Opioids

Life after opioids: ‘I went home and cried for a long time. I felt really stupid’ | Australia news | The Guardianby Celina Ribeiro – Feb 2020

Ms. Ribeiro has written an excellent two-part article on our plight:

For people managing chronic pain, the push to reduce opioid prescription has left them feeling lost and unsupported.

…and with untreated, extreme, and suicide-inducing pain.

Louisa O’Neil inhales deeply when she is asked about her history of pain. Then, dispassionately, like recalling a string of part-time jobs, she lists the history of surgeries, injuries, accidents and conditions that have rendered her in a near permanent state of pain for the past 16 years.   Continue reading

Inaccurate Opioid Information Used by Lawmakers

Damaging State Legislation Regarding Opioids: The Need To Scrutinize Sources Of Inaccurate Information Provided To Lawmakers – free full-text /PMC6857667/Michael E Schatman and Hannah Shapiro2019 Nov

On January 22, 2019, a Massachusetts State Representative introduced House Bill 3656, “An Act requiring practitioners to be held responsible for patient opioid addiction”.

Section 50 of this proposed legislation reads, “A practitioner, who issues a prescription … which contains an opiate, shall be liable to the patientfor the payment of the first 90 days of in-patient hospitalization costs if the patient becomes addicted and is subsequently hospitalized”.

When asked of the source of medical information on which he based his bill, the Representative mentioned the name of a nationally known addiction psychiatrist.

Though unmentioned, this is clearly referring to our nemesis, Mr. Kolodny, who has continued using cherry-picked data from years ago to make his claims that “opioids cause addiction”.  Continue reading

Inaccurate Information Provided To Lawmakers

Damaging State Legislation Regarding Opioids: The Need To Scrutinize Sources Of Inaccurate Information Provided To Lawmakers – free full-text /PMC6857667/Nov 2019

Lawmakers are making laws on the basis of inaccurate information provided by persons without expertise in chronic pain management.

The whole country is awash in PROPaganda spread by those who do not understand, much less experience themselves, the extreme physical limitations, subsequent mood disorders, negative social impact, and unnecessary suffering caused by constant unrelieved pain.

On January 22, 2019, a Massachusetts State Representative introduced House Bill 3656, “An Act requiring practitioners to be held responsible for patient opioid addiction”.    Continue reading

Opioid Prescribing and Physician Autonomy

Opioid Prescribing and Physician Autonomy: A Quality of Care Perspective  free full-text /PMC6384205/ Feb 2019

As one article published in American Family Physician in 2000 stated: “Despite recent advances in the understanding of pain management, patients continue to suffer needlessly, primarily because of improper management and inadequate pain medication”

This article evaluates the effectiveness of recent legislative mandates and restrictions on opioid prescribing and proposes alternative frameworks for combatting and preventing harms caused by the misuse of prescribed opioids.   Continue reading

Outcomes of Opioid Misuse Prevention Policies

The Association of State Opioid Misuse Prevention Policies With Patient- and Provider-Related Outcomes: A Scoping Review – Dec 2019

Policy Points:

  • This scoping review reveals a growing literature on the effects of certain state opioid misuse prevention policies, but persistent gaps in evidence on other prevalent state policies remain.
  • [I had to skip the 2nd “policy point” because it was so absurd, again urging restrictions on prescribed opioids, which are NOT the problem]
  • Further research should concentrate on potential unintended consequences of opioid misuse prevention policies, differential policy effects across populations, interventions that have not received sufficient evaluation (eg, Good Samaritan laws, naloxone access laws), and patient-related outcomes.

Continue reading

Market barriers to appropriate pain management

AMA: Get rid of market barriers to appropriate pain management by Andis Robeznieks – Senior News Writer – American Medical Association

This article makes a critical point and describes what should be the goal when treating pain: “appropriate analgesic prescribing and pain management.”  

Ending the nation’s opioid epidemic requires eliminating obstacles to treatment and appropriate analgesic prescribing and pain management.

New policies adopted at the 2019 AMA Annual Meeting took aim at barriers established by health plans and other players in the medical system.  Continue reading