|
|
|
Find Solutions & Strategies May 2, 2011 |
|
Prescription Drug Abuse Crisis in America
The war against prescription drug abuse will be fought patient by patient, pill by pill | |
|
A Note From the Editor | ![Robin Kobayashi 2010](http://ih.constantcontact.com/fs077/1102828640660/img/207.jpg?a=1105306219674) |
Dear WC Professionals:
A major cost driver in the workers' comp system is the increase in physician-dispensed prescription drugs for injured workers. As CWCI reports, there is widespread concern about whether opioids are being prescribed appropriately and the long-term health effects on injured workers. See also CWCI's follow up report on fentanyl prescribing patterns.
Sincerely, Robin E. Kobayashi, J.D.
LexisNexis Editorial & Content Development
|
|
commentary: the prescription drug abuse crisis in america |
This commentary by Brian Caveney, MD, JD, MPH, Editor-in-Chief, Occupational Injuries and Illnesses (LexisNexis), is written in response to the recently released White House report entitled "Epidemic: Responding to America's Prescription Drug Abuse Crises," which states that "Prescription drug abuse is the Nation's fastest-growing drug problem."
There is indeed a crisis of prescription drug abuse in America, and the White House is appropriately trying to focus the public health spotlight on this multifaceted and challenging problem. Unfortunately, because the medications are ubiquitous and so many people are involved, there is no easy solution. Prescription painkillers are routinely among the most commonly prescribed medications, making them available in most American households, and easier to obtain than alcohol for most adolescents. There are reports of "pharm parties," where kids steal whatever pills they can find from their parents and relatives, mix them all together in a bowl, and take them at parties.
Drug-seeking patients can trick and pressure providers to provide painkillers to them. It can take longer to explain why a patient should not get them than it does to just write the prescription. I've even had one patient demand that he had a constitutional right to pain alleviation. In addition to using the newly created electronic prescription drug monitoring program (PDMPs) databases where available, providers should sign narcotic use contracts with their patients. There are many problems from non-medical use of the medications beyond just addiction, including the commission of crimes to obtain them, impaired driving, and lower productivity in work settings.
The White House Plan suggests that many different organizations, including government agencies and the house of medicine, must work together to educate everyone involved, make it harder to get the drugs, easier to dispose of them properly, and easier to track them electronically. Although it may conjure in some a second "War on Drugs," and even if success will be achieved one patient or pill at a time, we all must rise to the occasion and address this crisis.
Continue to read a summary of the White House report "Epidemic: Responding to America's Prescription Drug Abuse Crises". Click here. |
![](http://img.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
free enewsletter: how to sign up |
If you haven't signed up yet for this free enewsletter, simply send your full name and email address with your request to:
|
|
![](http://img.constantcontact.com/letters/images/1101116784221/trans206.gif) |
![](http://img.constantcontact.com/letters/images/1101116784221/trans394.gif) |
larson unplugged, by lex larson |
The Masked Wrestler's Lament.
In this moving ballad, Lex Larson sings about a man who is collecting workers' comp benefits while working as a professional wrestler who wears a mask, but things start to unravel when the script calls for his opponent to unmask him. Listen to the song here.
Lex Larson is the author of Larson's Workers' Compensation Law (LexisNexis).
|
![](https://imgssl.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
Larson's spotlight: 5 recent cases you should know about |
Larson's Spotlight reports noteworthy workers' comp cases each week. This list was compiled by Thomas A. Robinson, a staff writer for Larson's Workers' Compensation Law, the nation's leading authority on workers' compensation law.
> Read the summaries & court decisions. 1. AL: Supreme Court Says Convenience Store Worker's Unexplained Fall is Not Compensable
2. AZ: "Most Recent Edition" of AMA Guides Means Most Recently Published Edition Before the Claimant's Impairment Was Rated
3. NY: Assessments Against State's Group Self-Insurers Found Constitutional
4. PA: 190 Visits to Chiropractor Without Improvement Is Plenty, According to Court
5. KY: UPS Fails in Attempt to Get Dollar For Dollar Credit for Amounts Paid Injured Pilot Under Benefit Plan Designated by Collective Bargaining Agreement |
![](https://imgssl.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
workers memorial day - april 28 |
Kids' Chance of America - Protecting the Dream - Workers' Memorial Day, by Peggy Hassler, Executive Director, Kids' Chance of America.
Sadly, our modern, media-saturated world takes little notice of work-related injuries, illnesses and deaths. Workers' Memorial Day is an opportunity to highlight the preventable nature of workplace accidents and illnesses and to promote campaigns and organizations in the fight to improve workplace safety and the quality of life for workers. The slogan for the day is Remember the Dead - Fight for the Living. Read more. |
![](https://imgssl.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
blog round up at the lexisnexis workers' compensation law community |
Missouri: Juror Reporting for Service Awarded Benefits, by Martin Klug, Esq. Read it.
Vermont Workers' Compensation Update: January to March 2011, by Keith J. Kasper, Esq. Read it.
Manifest Destiny: Maryland Court Expands Commission Jurisdiction Pending Appeal, by Lance G. Montour, Esq. Read it.
God Bless the Broken Road: Delaware IAB Rules on Major Issue of Procedure in UR, by Cassandra Roberts, Esq. Read it.
Workers' Comp Fraud Blotter - Recent Arrests, Charges, Convictions, and Investigations (4/28/2011). Read it.
|
![](http://img.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
how to achieve medicare secondary payer compliance |
Take Control of Your Insurance Settlements With A Brand New Resource From LexisNexis!
"Ms. Jordan and her contributors provide concise, practical analysis of the multiple layers and nuances of Medical Secondary Payer compliance. The Guide is a valuable resource for plaintiff and defense counsel, as well as insurance carriers, employers, and third party administrators."
- Ronald E. Weiss, Esq., Hamberger & Weiss, Rochester, New York.
"The range of topics included in the book and updates is a beacon of wisdom in the confusing MSP compliance field."
- Tim Nay, Esq., Law Offices of Nay & Friedenberg, Portland, Oregon. Mr. Nay is a co-founder of the National Alliance of Medicare Set-Aside Professionals (NAMSAP).
"I have a copy of Jennifer Jordan's book The Complete Guide to Medicare Secondary Payer Compliance and I am most impressed by same! I have recommended it to a number of attorneys here in Georgia."
- Richard C. Kissiah, Esq., Kissiah & Lay, Alpharetta, Georgia.
"Finally, someone delivers a clear, concise reading in this area, with some definitive answers for both lawyers and claims specialists and accurate reporting dealing with MSP compliance and MSA allocations with all of the necessary resources found in one place."
"An excellent new book ... a one-of-a-kind resource ... [Jennifer C. Jordan's] straight-talk is much appreciated when it comes to this illusive area of the law."
- Rebecca Shafer, JD, President, Amaxx Risk Solutions, Inc. Read her complete review at Workers Comp Kit Blog.
There are many people who don't understand that the Centers for Medicare and Medicaid Services' approval process of a Medicare set-aside arrangement is voluntary and carries an inherent cost. In fact, many of the decisions that need to be made in a settlement negotiation are risk management decisions rather than being truly Medicare Secondary Payer-oriented. Once you understand why CMS wants what it wants, you will realize that its preference may not be the only way to achieve MSP compliance. The Complete Guide to Medicare Secondary Payer Compliance, Jennifer C. Jordan, Editor-in-Chief, will help you take control of your insurance settlements. > Read more about the contents (1,350 pages). List Price: $179
|
![](https://imgssl.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
![](http://img.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
![1439 2009 cover](http://ih.constantcontact.com/fs077/1102828640660/img/30.jpg?a=1105306219674) | 2010 Edition - Call 800-833-9844 |
|
|
|
|
![](https://imgssl.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
what's new in larson's workers' compensation law |
Find out more about how to become a Larson's online subscriber by contacting: [email protected].
Hernia May Be Compensable as a "Second" or Consequential Injury. The Wyoming hernia statute [� 27-14-603(c)(iii)], similar to hernia statutes in a host of other states, requires-among other things-that the hernia be sustained "in the course of the employment." In Ball v. Wyoming Workers' Safety and Comp. Div., 2010 WY 128, 239 P.3d 621 (Wyo. 2010), the worker suffered an industrial injury to his back and eventually was fitted with a spinal cord stimulator to help treat his back pain. He sustained a hernia when the stimulator "went off" without warning and the claimant jumped out of bed and fell to the floor. The Workers' Safety and Compensation Division argued that under the Wyoming statute, the hernia could not be a "second" or consequential injury since it did not occur within the workplace. The Supreme Court of Wyoming disagreed, holding that to be compensable a hernia need not be the original injury, nor need it have occurred within the actual workplace; it is sufficient for the claimant to show that the hernia was causally related to the employee's original work injury, assuming all of the other elements of the statute are met. [See Ch. 10, � 10.01 n4.1]
|
![](https://imgssl.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
prescription drugs, continued... |
The White House states that, "Prescription drug abuse is the Nation's fastest-growing drug problem." The report cites a survey that found that nearly one-third of persons 12 years of age and older who used drugs for the first time in 2009 began by using a prescription drug non-medically. That same survey found that over 70 percent of persons who abused prescription pain relievers got them from friends or relatives. Another survey concluded that prescription drugs are the second most-abused category of drugs, exceeded by only marijuana.
While acknowledging that various categories of prescription drugs are being abused, the report's "action plan" focuses mainly on the problem of prescription opioid abuse. It notes that, from 1997 to 2007, the milligram per person use of prescription opioids in the U.S. increased from 74 milligrams to 369 milligrams. Similarly, the 174 million prescriptions for opioids dispensed by retail pharmacies in 2000 grew to 257 million in 2009.
The report sets forth a "Prescription Drug Abuse Prevention Plan" that includes action in four major areas: education, monitoring, proper disposal, and enforcement.
Education: The report proposes initiatives for education of: (1) healthcare providers, and (2) parents, youth, and patients. Under the first category, it suggests federal legislation to require that physicians, dentists, and others authorized to prescribe undergo training on responsible opioid prescribing practices as a precondition of DEA registration to prescribe controlled substances. By the same token, this proposal includes a requirement that drug manufacturers develop educational materials to train practitioners on the appropriate use of opioid pain relievers. Also, it proposes that medical and healthcare boards require education curricula in health professional schools and continuing education programs to include instruction on the safe and appropriate use of opioids to treat pain while minimizing the risk of addiction and substance abuse. Under the category of educating parents, youth, and patients, it proposes to enlist all stakeholders to promote an evidence-based public education campaign on the appropriate use, secure storage, and disposal of prescription drugs, especially controlled substances, as well as to require drug manufacturers to develop educational materials for patients on these topics.
Monitoring: Noting that 43 states have already authorized prescription drug monitoring programs that aim to prevent abuse of prescription drugs at the retail level, 35 of which have operational programs, the report states that such programs appear to be a promising approach but that more work is needed to determine how to maximize their effectiveness. It promotes a combination of federal, state, and local action, including programs enlisting electronic media for identifying particular areas of prescription drug abuse (e.g., issuance of the final rule on DEA electronic prescribing of controlled substances) and working with Congress to pass legislation to authorize the VA and the Department of Defense to share patient information on controlled substance prescriptions with state prescription drug monitoring programs.
Disposal: Pointing out that one survey found that more than seven million Americans reported using a prescription medication for non-medical purposes in the past 30 days, the report states that a comprehensive plan to address prescription drug abuse must include proper disposal of unused, unneeded, or expired medications. While the DEA recommends disposal via flushing for certain opioid pain relievers that can pose life-threatening risks from accidental ingestion, environmental considerations lead the report to recommend against flushing for most drugs. Instead, most drugs should be disposed of in sealed plastic bags with filler such as coffee grounds or kitty litter. It notes that the administrative process to establish the DEA medication disposal rule is underway.
Enforcement: The report states that a major enforcement initiative is being undertaken against "a small group of practitioners who abuse their prescribing privileges," including pain clinics and prescribers who are not prescribing within the usual course of practice and not for legitimate medical purposes. Toward this end, the report proposes the writing and dissemination of a model pain clinic regulation law.
Read the report: http://whitehousedrugpolicy.gov/publications/pdf/rx_abuse_plan.pdf
� Copyright 2011 LexisNexis. All rights reserved.
|
![](http://img.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
ENEWSLETTER ARCHIVES |
Take a deep dive into our past eNewsletters for 2011 and prior...warning - some links to articles may not work...report any linking problems to [email protected]. April 25, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1105243933380.html
April 18, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1105151454598.html
April 11, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1105054845597.html
April 4, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104945262995.html
March 28, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104894130984.html
March 21, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104811663296.html
March 14, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104742747659.html
March 7, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104678900034.html
February 28, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104610168211.html
February 21, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104523576536.html
February 14, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104442568785.html
February 7, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104372668124.html
January 31, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104299196240.html
January 24, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104266393145.html
January 17, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104223885217.html January 10, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104176109384.html
January 3, 2011
http://archive.constantcontact.com/fs077/1102828640660/archive/1104102646819.html
ACCESS 2010 ARCHIVES AND ARTICLES LIST HERE. |
![](http://img.constantcontact.com/letters/images/1101116784221/trans20x20.gif) |
LexisNexis and the Knowledge Burst logo are registered trademarks of Reed Elsevier Properties Inc., used under license. Other products or services may be trademarks or registered trademarks of their respective companies.
Privacy & Security Copyright � 2011 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. |
|
|
|