Nursing Homes Seizing Patients’ Custody/Guardianship to Collect Debts

This very past week I discovered through my array of Net crawling Google “searchbots,” ar article from Jan. 25th in the NY Times by Nina Bernstein. You may read the article in its entirety here.

I had not been at aware of this phenomenon but apparently with the confluence of many factors, the ever rising  numbers of the elderly needing long term nursing home care and inadequate funds to pay for the also ever growing medical bills as we all age and accumulate new chronic medical problems, bills to patients now increasingly outpace the resources that even those who have planned, and saved and have long term care insurance. This article features an elderly former couple of professional education and occupations. The wife needed nursing home placement for the ‘gateway,’ reasons, difficulty performing daily functions and hygiene ad gait impairment and then went on the develop probable Alzheimer’s dementia. [As an aside women develop Alzheimer’s dementia more than do men, partly because they survive and live much longer and the odds of developing Alzheimer’s greatly increase as you hit the magic threshold of 80 years of age].

In any case as the account detailed, the bills mounted and well meaning husband who was diligently paying the nursing home suffered the indignity of finding an envelope one day on his wife’s bed which was a guardianship petition by the nursing home in order to have total control not only over her medical care decisions, but also control over her finances, so they could be assured of being paid [sic more].

Now if that is not a conflict of interest I do not know what is.

The article further shocked me by going on to detail that a study by the well respected Hunter College of NYC into this issue found that this had been going on for some years. and that at least TWELVE per cent of nursing of guardianship petitions in the area (NYC or NY state?, I am not sure).

Another case in which this happened to a 94 year old nursing home resident was quoted and the judge’s decision in a lawsuit was brought by the family to contest this action. A Justice Hunter (I guess no relation to Hunter College…) wrote: “It would would be an understatement to declare that this court is outraged by the behavior exhibited by the interested parties–parties who were supposed to protect the person, but who have all unabashedly demonstrated through their actions in connection with the person that they are only interested in getting paid.”

As they say, “Nuff said.”

 

The Narcotic Prescription Epidemic–Part IV

To buttress my assertion that for the most part until recently physicians have been ‘babes in the woods’ as far as addictions are concerned and this has lamentably reflected in their lax prescription practices, I would offer two developments. In 2000-2002 when buprenorphine started to move into the prescription market as the newest and best narcotic antagonist, that could be used to detox someone in literally less than two weeks, and/or be used for intermediate daily maintenance through private physician office prescription instead of having to attend a five day a week ‘public’ methadone federally regulated dispensing clinic. I was I think the 4th MD in North Carolina trained now 14 years ago to do this work as one had to be trained and certified (and still do). I welcomed this tool and a real improvement and evolutionary step in our treatment armamentarium of battling opiate addiction. But within several years studies began emerging from multiple monitoring groups that four out of every five physicians who were certified to do this kind of work, found out they intensely disliked working with addicts and gave up their special DEA licenses to be able to utilize buprenorphine and simply stopped working with addicts. Addicts as a group and most of them individuals are a real hassle to deal with. They do not play by the rules of the treatment relationship that almost all MDs expect and are comfortable within. Addicts can be some of the most difficult, ornery, demanding, dishonest, patience exhausting individuals any practitioner deals with. And buprenorphine in its earlier forms began to be massively diverted as well…

The second observation I would put forward in supporting the assertion that MDs by and large have been inept at best in managing the difficult shoals of prescribing narcotics, is the fact that for the better part of this past decade or so, scads of continuing medical education courses have emerged from many many medical educational organizations, state medical boards, board certification organizations and most medical schools and “area medical health educations centers” organizations almost no civilian has heard of. The latter are everywhere in the country and legally mandated to offer medical, nursing, pharmacy, almost any kind of healthcare advanced or refresher training one can imagine. One nearby to where I practice and live in western North Carolina is “MAHEC,” Mountain Area Health Education Center. The point is all these bodies have been offering free and for fee courses on the many aspects of opioid prescribing, management and monitoring, in a national effort to help curb this prescription drug epidemic. {By the way, it might be wise to inqiure of your health care provider what her/his intentions are in this area]. It is coming for us all…I myself am taking my umpteenth course in this area, a four part online excellent course since I see and treat addicts routinely in my present setting of a state psychiatric hospital.

The third argument I offer that MDs must have re-training or better training in the use of narcotics, is that for the last several years the DEA (Drug Enforcement Administration) has been working on implementing and moving toward mandatory training courses and certification in the use of narcotics by all MDs for controlled drugs. That is likely to include such controlled drugs beyond opiates such as the potentially dependency producing anxiety medications such as Xanax, Valium, Librium, Klonopin and Ativan; sedatives such as Ambien, Halcion, Restoril; and the stimulant drugs used in the treatment of ADHD (attention deficit hyperactivity disorder) which affect perhaps 5-9% of all school children. I cannot tell how many MD colleagues and MDs I do not know but have talked this over with at medical education meetings, who have declared with palpable relief that when this measure becomes as it were, “medical law,” they will decline to take the training and be shed of dealing with these drugs and with addicts. They realize that they will be leaving their ADHD patients and cancer pain patients with no options within their own practices, but it cannot be overestimated how many physicians, as the ‘tv newstory’ move of some 20 years ago stated in its famous line: “I’s sick and tired of it and I’m not going to take it anymore!” From my perspective this is going to be a real mini-medical crisis of delivery of care.

The Narcotic Prescription Epidemic–Part II

2) the other major development in medicine was the correct general realization that we were truly not treating pain sufficiently in certain groups of patients. I can remember that prejudice toward chronic pain patients especially the back pain patients whom everyone but dreaded treating, as they very often bore out the vein that led to addiction as sure as shootin’ as we would say in the Southwest. A back injury, or back then a whiplash neck injury occurred that often unfortunately was minor. In a sizeable number of patients it was major, required surgery and was demonstrably real. But the majority of back injuries did not respond consistently or very successfully to surgical interventions. Subsequently the overwhelming majority of long term review studies retroactively done at many reputable neurosurgical and orthopedic meccas have shown again and again that back surgery often does little or nothing to ameliorate or relieve chronic back pain. In fact the more conservative measures, though not curative by any measure, even, “shudder,” chiropracty had more salutary effects in “managing” reasonably this chronic condition. Acupuncture, heat treatments, TENS unit local stimulation, nerve blocks and intra-dura or nerve root exit injections of depot local anesthetics and anti-inflammatories did more. The term “failed back syndrome’ came into vogue and helped to group together and target this suffering group of patients.

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The Narcotic Prescription Epidemic–Part I

What I am about write about in this series of posts on the opioid prescription drug abuse epidemic attempt to to make sense of the ironic confluence of many national, medical, regulatory and social factors that came together to facilitate this epidemic and massive social problem.

It basically started in the 1990’s with the rise of two movements in medicine that were very MUCH needed: 1) increased access to and growing awareness of the need for hospice based care for the terminally ill; 2) the growing pressure upon physicians to more “adequately treat chronic pain” in all its forms and it was adjudged that that was not being done well or humanely.

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North Carolina Hospital Association Calls MH System “Broken”

In spite of the valiant continuing efforts to improve state mental care in North Carolina, surprisingly the North Carolina Hospital Association has recently weighed in a recent member and openly called the mental health system in North Carolina “broken.” In a January 9th article the small town newspaper, the Laurinburg Exchange, written by J.L. Pate (jpate@civitasmedia.com) entitled : “Mental Health Broken,” a very small newspaper, in a very small town southwest of Fayetteville NC less 100 miles from the Raleigh Durham corridor, reported on the state of mental health deficiencies at apparently a local meeting in Scotland County concerning the bursting needs and demands placed upon small community hospitals in the area.

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