DCBA Law & Policy Partner Michael Barnes recently made an appearance on Fox Business Live, where he discussed conflicting messages about the impact of the U.S. drug abuse crisis on corporate profits. Barnes then analyzed drug pricing bills in Congress and how they could affect Americans’ access to new medicines for conditions like Alzheimer’s and cancer. The original program aired on December 12, 2019.
DCBA Law & Policy partner Stacey L. Worthy moderated a panel discussion today at the sixth annual Summit on Balanced Pain Management. Worthy led a dialogue between Ann Quinlan Colwell, PhD, RN, of the American Society for Pain Management Nursing (ASPMN); Ellen Blackwell, MSW, of the Centers for Medicare and Medicaid Services (CMS); and Matt Salo of the National Association of State Medicaid Directors. The panel addressed several topics, including how CMS is approaching ‘patient-centered care’ and Medicaid’s coverage of integrative pain management.
Read the Institute for Pain Access’s recap of the entire Summit here: https://instituteforpatientaccess.org/patient-centered-care-dominates-pain-policy-summit/
On Thursday, October 24, the Senate Finance Committee held a full committee hearing on the topic of substance abuse in the United States. Among the witnesses was the Surgeon General of the United States, Jerome M. Adams, MD, MPH. Dr. Adams detailed the current approach of the Department of Health and Human Services (HHS), highlighted reasons for optimism, and identified areas where continued efforts are necessary.
Dr. Adams stated that “HHS’s immediate priorities include…emergency department medication-assisted treatment (MAT) programs with warm handoffs following overdose…”.
Two of DCBA’s attorneys, Michael C. Barnes and Daniel C. McClughen, authored one of the first-ever law review articles on the topic of warm-handoffs. The article was published in the Fall 2018 issue of the University of Memphis Law Review. Barnes and McClughen have continued their work on warm handoffs through the Warm Handoff Initiative, an initiative of the Center for U.S. Policy.
Read the entire testimony of the Surgeon General and other witnesses.
Read the Barnes & McClughen article on warm-handoffs.
Learn more about the Warm Handoff Initiative.
An article published yesterday by Pain News Network’s Pat Anson tells the story of yet another physician who has faced threats from the Department of Justice (DOJ) due to the use of opioids within his practice. Dr. Roger Kasendorf, a physician from Southern California, paid a settlement of $125,000 rather than defend against allegations of illegal opioid prescribing.
Dr. Kasendorf claims the allegations were an effort to extort him and were based solely on inadequate recordkeeping, rather than any actual evidence of illegal prescribing habits. He agreed to settle on the advice of his attorney, who said that paying the settlement would more economically sensible than fighting the allegations.
DCBA Managing Partner Michael C. Barnes is quoted in the article, weighing in on the potential legitimacy of Dr. Kasendorf’s extortion claim. “Without reviewing the medical records, I cannot assess the fairness of this outcome. If the physician were merely a big-data outlier because he took on patients with the most complex needs, and if his prescribing were CSA (Controlled Substances Act)-compliant, then the behavior of the federal government would fall squarely under the Black’s Law Dictionary definition of extortion.”
Barnes also stressed how important it is for practitioners to maintain thorough, accurate, and up-to-date records. “The DOJ treats controlled-medication prescribers, especially big-data outliers, as though they are guilty until proven innocent. Detailed medical records are the only affordable way for a provider to prove his innocence – or at least make the prosecutor think twice about proceeding with criminal charges.”
Read the full article here.
On October 17, 2019, Filter published an article titled “Why Opioid Pharma Hatred Is Overblown and Harmful,” which featured an interview with DCBA Managing partner Michael C. Barnes. The article’s author, Alison Knopf, shed light on the nuances of the overdose crisis that are often overlooked in mainstream media narratives, with particular focus on the vilification of the pharmaceutical industry and the harm caused to patients with pain.
In the article, Barnes discussed the skewed media coverage of opioid-related litigation and pointed out that people may find it less difficult to lay blame solely on pharmaceutical companies for tragic overdoses, which are actually caused by a confluence of factors.
Barnes explained how the use of public nuisance, the legal strategy being used to fight opioid companies in court, may set off a slippery slope for cases involving the makers of other drugs and products that can be abused. Barnes emphasized that the connection between the drug companies’ activity and the overdose crisis is far more complex than the public tends to acknowledge, and using this legal strategy fails to adequately acknowledge the role of actors like pharmacists, prescribers, drug diverters, and patients.
To read the full article, click here.