Last week, Michael C. Barnes, JD presented at PAINWeek in Las Vegas, Nevada. Mr. Barnes’s presentation, entitled “I’m Not a Doctor, But I Play One in DC: Federal Action and Its Impacts on Pain Care,” touched on several federal and state policies that affect people with chronic pain and the professionals who treat these patients. Mr. Barnes provided a detailed overview of relevant provisions of the SUPPORT for Patients and Communities Act, as well as other Congressional efforts to regulate opioid prescribing and dispensing. The presentation also touched on calls from experts and government agencies to evaluate the impact of such policies on patients with pain. Finally, Mr. Barnes discussed several state efforts, such as the Massachusetts CARE Act, and other trends relating to the practice of pain management and their effects on patients with pain.
Impact of State, Federal Opioid Policy
Michael C. Barnes, JD authored an article published this week in PAINWeek Journal entitled “I’m Not a Doctor, But I Play One in D.C.: Federal Action and Its Impact on Care.” Mr. Barnes’s article discusses the unintended consequences of state and federal opioid policy. The article analyzes changing trends in Washington, state capitals, and courthouses across the country as policymakers begin to recognize the harm caused by ill-advised approaches to overdose reduction. Mr. Barnes highlighted recent instances in which policymakers have acknowledged the need for professional discretion and individualized care in pain management and addiction treatment.
New Article: DOJ Raids of Health Care Providers
Today, American University’s Washington College of Law published in its Legislation & Policy Brief a new article by Michael C. Barnes, JD. Entitled “A More Sensible Surge: Ending DOJ’s Indiscriminate Raids of Health Care Providers,” the article discusses the indiscriminate nature of recent U.S. Department of Justice (DOJ) raids, searches, and investigations of prescribers of opioid medications.
“Not all health care professionals subject to the DOJ’s searches and seizures are ‘dirty docs.’ In fact, some of them are nationally recognized leaders not just in pain management, but also in addiction medicine,” Barnes writes.
The article describes how raids on the prescribers of controlled medications put patients’ lives at risk, destroy professionals’ livelihoods and careers, and create confusion, fear, and reluctance to prescribe among other health care providers. Barnes argues that the DOJ’s actions undermine congressional efforts to expand the number of practitioners who prescribe medications to treat opioid use disorder (OUD).
In the article, Barnes proposes a policy to help health care providers feel confident prescribing medication to treat OUD and other conditions for which controlled medications may be necessary. This policy would require complaints in which medical need and patient care are at issue to be investigated first by licensing boards, which are governed and staffed by individuals with health-specific expertise, rather than by law enforcement.
Women in the Overdose Crisis
Earlier this week, Shruti Kulkarni, JD presented at HealthyWomen’s Chronic Pain Summit. Ms. Kulkarni’s presentation, “Gender Differences in Pain and Substance Use Disorders: Eliminate Discrimination, Improve Treatment, and Save Lives,” provided an overview of gender differences in the effects of medication and treatment for substance use disorders (SUDs). The presentation explained how pharmaceutical research and development practices that do not account for distinctions in biological factors between genders can lead to increased health risks for women, including missed opportunities for prevention, incorrect diagnoses, misinformed treatments, sickness, and death. Ms. Kulkarni also described the unique barriers to SUD treatment that women face, including greater risk of arrest and criminalization, lack of access to care, and lack of childcare. Finally, Ms. Kulkarni provided examples of federal initiatives to expand access to and improve treatment of SUDS in women and increase public awareness of the importance of the inclusion of diverse groups of women in clinical research.
Worthy, McClughen Provide Legal Update at Addiction Conference
This week, Stacey Worthy, JD and Daniel McClughen, JD spoke at the CORE addiction treatment and recovery conference on Amelia Island, Florida. Their presentation, “Keeping Pace in a Rapidly Changing Environment: An Update for Treatment Programs and Recovery Residences,” provided a timely update on several legal, regulatory, legislative, and enforcement trends impacting addiction treatment programs and recovery residences, also known as sober living homes. Topics included federal and state fraud, waste, and abuse laws; recent actions by the Department of Justice (DOJ), Drug Enforcement Administration (DEA), and Department of Health and Human Services (HHS); and legislation recently introduced or passed at the state and federal levels. Mr. McClughen and Ms. Worthy also offered recommendations for best practices to help treatment programs and recovery residences stay compliant in this evolving environment. Additionally, Mr. McClughen co-presented the conference’s closing plenary session, entitled “Here, There, and Everywhere: Ethical and Legal Issues in Using Telehealth to Improve Addiction Treatment Capacity.” He provided attendees with a legal, legislative, and enforcement update related to telehealth. Topics included the Ryan Haight Act, prescribing buprenorphine and other controlled medications via telemedicine, practicing across state lines, informed consent, patient privacy, and recent state and federal legislation impacting those using or considering using telehealth to deliver addiction treatment.