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Reach: 72.4k Reg & 86k+ Facilities & 26.8M Social Media + (Email Community Total 180k) Nations largest organic addiction related community. Welcome Andrea Grubb Barthwell, M.D., F.A.S.A.M., is the founder and CEO of Two Dreams and past president of ASAM

A Call To Action!

With a world flooded with those who would seek to take advantage of those in need, the fleecing of private insurance providers by insane overbilling schemes and fraud within the treatment industry doesn’t end there.
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John SFYB Admin/Outreach

When a few ounces of urine are converted into liquid gold by profit mongers using elaborate laboratory schemes promising riches that far exceed any realm of reason, the sincerity of the message literally gets flushed down the toilet. Multi-million-dollar yacht owner James Slattery aptly named his boat “Pissed Away” as almost a means of mocking the federal investigation of his company Millennium Health and the subsequent 256 million dollars fine which was paid the day it was ordered.

This story seems overshadowed by the Chris Bathum scandal by where the self-proclaimed Rehab Mogul is alleged to have perpetrated over $400 Million in fraud, racking up 75 sexual assault charges and earning himself a 35 years sentence. Most recently we watched as the FBI raided Sovereign Health treatment facilities across Southern California to advance their criminal investigations of fraudulent activity within that billion-dollar business. Add to that the Steve Johnson saga in Palm Beach racking up 48 charges of patient brokering and so as the list grows from top to bottom we are forced to stare the corruption down as the epidemic grows.

The opioid epidemic can no longer be swept under the carpet as mainstream America and the world feel its deadly grip grows, grasping increasingly more within its fatal clutch.

The CDC mortality rates may not be the precise statistics some may require in order to raise the red flag yet you simply need a stroll through any impoverished area in order to look this beast in its eyes. That isn’t to say this blight on our species is limited to those poverty stricken by any means as suburbia suffers alongside the ghetto watching its youth die in unimaginable numbers.

Numbers and stats, rates and flow charts can’t compare to the pain we each feel when this brutal onslaught touches down in our lives and we are left baffled as to where we should turn for help. The headline news highlights these two evils almost simultaneously leaving fear for the lives of the addict in our world and doubt that any true help exists.

Power corrupts and great financial means is often confused as such which is what may cause these perpetrators to believe themselves untouchable until some alphabet agency kicks in the door, but what about the addict?

What about the loved seeking help and assistance dealing with the addict? What about the society that will bear the cost of treating the addict?

The solution is transparency and openness in this business which when corrupted is often shrouded and guarded from peering eyes hidden behind HIPAA, a protection intended to aid the client not the facility. HIPAA (Health Insurance Portability and Accountability Act of 1996) is United States legislation that provides data privacy and security provisions for safeguarding medical information. This legislation has been the protective shield for many clients, helping them find recovery without fear of the unfortunate stigma addiction carries.

Being that 91 Americans die every day from opioid overdose and over half those are prescribed by their primary care physician this shadow of darkness must be brought into the light!

When the epidemic more than doubles in deadly force from 2015 and the 33,000 estimated dead from opioid overdose alone, 158,000 estimated total deaths from all drugs that year to shocking numbers this year proves to show, we must rally together for effective means of putting this evil genie back in it’s lantern. 2017 shows so far to be the deadliest year on record where overdose is concerned and it’s only a little more than half over.

Combining the scandal and fraud perpetrated by the very institutions tasked with combatting this disease, the TRILLIONS spent, billed and thrown at it and the headline news airing something about the growing epidemic we must rethink, shift and find a new way. We at Stop Frying Your Brain are a community of over a quarter million addicts joining hands as we do at the end of meetings and shouting for change!

..Revolution in the means we go about treating the addict! Real Progress in the fight against the deadly killer which is not on the streets but the illness within!

Transparent facilities with open doors and legitimate practices! You got nothing to hide you say, SHOW ME! No more will we stand for the same lies and bureaucratic run around, we want to know what you plan to do different! Countless treatment facilities claiming to be evidence based,  well show us the evidence!

The numbers are shocking and I’m not quoting sources because I want you to look them up, I want you informed and not by me, go look and find 90% relapse rates, 85% of all in need receive no help at all, 23 million in need, 4.7 trillion billed…. This disaster must be treated as such, Start asking questions, start taking action!

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Stop Frying Your Brain song kept rattling around in my head after visiting their website. It was worse than it’s a small world at Disneyland. Eventually… I would hook up with those guys and it’s all because of that one stupid song.

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Busted and Disgusted

Getting arrested isn’t anything new to this dope fiend, it’s been going on my entire life. The feelings felt that first time the cuffs got slapped on were so long ago I could possibly bring them into my consciousness with any real merit.
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John SFYB Admin/Outreach

The years of being fueled by massive amounts of high powered stimulants kept me numb to the effects of something as traumatizing as being captured and whisked away by police.  I recall watching those around me begin to sweat the endless possibilities that having been busted might hold while I smiled and felt thankful for my indifference. Unsentenced time always seemed to last the longest as you pondered just exactly how long it would be before you saw the streets again.

So long as the offensive was not so major as to not provide an exit date I was relaxed and estimated the maximum penalty, mentally sentenced myself to that and crashed out. It took a long time before I linked my drug use and the frequency I was incarcerated, I always thought it was because I was a criminal simply unfit to live in everyday society.

This illusion made me far more comfortable imprisoned then those around me appeared to be, I had no fear of my peers and quickly realized the scariest looking ones of the bunch were those most consumed by fear.

The front and façade of their persona didn’t seem threatening to me and in retrospect had I developed a fear of these place I likely would have avoided them more. That wasn’t the case for me, it wasn’t as though I enjoyed it in there although if you looked my record would reflect something different. Doing time is not hard once you conclude that no matter how much time you think you can or can’t do it doesn’t matter, you do as much as you can and they’ll take care of the rest.

The system isn’t designed for comfort or convenience, it isn’t geared toward rehabilitation or reform and sure doesn’t care what you think or feel. Less than a few hundred men are tasked with the daunting detail of controlling a population of drug addicted, violent and criminally minded individuals that number in the tens of thousands.

All levels of society end up in the penitentiary, break the law once or serially and you run the therefore if you be addicted to an illegal substance your breaking the law every time you feed you disease.

Dope is how I treated my illness, it wasn’t the cause or result of the disease but rather the means at which I kept it at bay. Crime was not limited to the consumption, procurement, or possession of such substances and somehow, I avoided arrests for such crimes mostly only being apprehended for those which I committed as a means of financing the ferocious need I had for more.

The ways and means I went about to find and get more dope combined with an ever-increasing tolerance in turn increased the frequency and severity of the criminal acts I needed to commit to fund this hefty habit. Don’t leave anything exposed to the possibility of theft when surrounded by addicts, not all but most will take it, I know I would. So quick I could steal your socks without taking your shoes off and if I thought it might leave opportunity to do so again I would help you look for them afterwards.

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Many men and women have met their surrender on a jail cell floor, there exists no special set of circumstances necessary to meet this gift of desperation head on you simply must be open to it when it arrives.

The system doesn’t care how scared or prepared of incarceration you might be and the shocking level of acceptance over this concept I had begun at the ripe old age of 14.

Experience and repetition softened the blow this calamity for me but that doesn’t have to be the case for you, let it shock and awe your senses and come to terms with doing whatever it takes to keep it from being an eventuality in your life. The nation is turning the tide of how it addresses this disorder where law enforcement and punishment is concerned so embrace that along with them.

Treatment seems to be a far lesser cost and well more effective means of combatting the alarming recidivism rate our criminal justice system has seen. Incarceration doesn’t seem to be at all a deterrent for committing future crimes, this disease must be treated as such and as a society we are started to come to terms with that cold fact.

Court houses and judges across the land are looking for better ways to stop the revolving door of prison and county jails and the common denominator seems to be an ongoing means of addressing the addiction separately from the criminal act that may or may not be isolated to solely the abuse of drugs.

We are a people with a disease from which there is no known cure and that reality has the prison system packed to the very brim with people destined to return repeatedly until treating the illness becomes a priority. Most public defender’s offices employ substance abuse assessment units to better serve the needs of those addicted faced with doing time or finding treatment. Judges will likely opt for ordering residential treatment where applicable rather than yet another trip to the county jail and with these humble beginnings we may see the tide turn against an epidemic that steals increasingly more lives each year.

Stop Frying Your Brain song kept rattling around in my head after visiting their website. It was worse than it’s a small world at Disneyland. Eventually… I would hook up with those guys and it’s all because of that one stupid song.

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New Florida Laws For Treatment and Detox Operators

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The current Florida legislation that was passed on May 4, 2017 HB 807 (SB 788) broken down to simplistic terms;

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Robert Henslee SFYB Founder

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About the “New Florida Laws” for TC and Detox operators. While I get the intent I can’t tell you the number of calls I got from owners and operators wanting to know my thoughts;

The general feeling is this is a perfect example of how “Government” strangles small business owners. One owner told me it reminded him of the time when the chicken farmers decided to write a book on computer repairs. Epic failure. My two cents would be you can’t legislate morality. It doesn’t work.  The best example I can think of is they made dope illegal. How did that work out? 

The resulting legislation (PDF Here) is a big pile of goo and nobody has a clue what any of it  actually means. Overnight turned many good operators into criminals while increasing their operating costs, lowering their care and profits. Owners and operators are not happy as they attempt to change current operations to conform to something they don’t understand.

One investor/owner said; “We needed to hire a lawyer in an attempt to understand how to comply with these new laws and its still not very clear what we’re doing resulting in 10’s of thousands of dollars in additional costs to change current operations.

Our focus has changed from treating clients to complying with government regulations. One thing for sure government run operations are NEVER efficient or profitable. Our bricks and mortar assets will be sold…. and we’re moving out of Fla at first chance. We have to remain competitive in the industry or go out of business.”

The new laws probably won’t have much effect on the bad guys other than making them all move out of the state destroying 1000’s of badly needed jobs and making Fla the worst place to make multimillion dollar investments in these businesses.

You can’t blame the investors/owners. Owners/investors told me its hard enough running these places now they have to deal with DCF red tape and huge increased costs in terms of licensing and legal counsel to protect their million dollar investments. The margins are to skinny for this non-sense.

“Nope not happening we’re building in another state is the answer investors are saying”. So the investors are leaving. See ya Florida… we’re gone…. is the market response and have a nice day.

Did I mention it will drive up costs of treatment for those who badly need it and don’t have a dime. My take soon FLA will NOT be competitive in the market because of increased operating costs while providing less service for the dollar…. other states will steal our economic advantage.

I will tell you some of the best treatment providers are in Fla. Do your homework. Both good and bad in any state.

SMH Another industry destroyed by politicians? Need a job in this industry MOVE out of Fla. One thing for sure you…. don’t want to work and/or operate in Florida anymore they say. #Good Job

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New Florida Laws For Treatment and Detox Operators Click to Tweet

Marketing: Drug treatment center marketers will need to be licensed by the state’s Division of Consumer Services. Deceiving, lying, or misleading about treatment services offered, amenities, and the high jacking of 800 numbers will be first-degree misdemeanor.

Criminal Penalties: Statewide you can be investigated and prosecuted for patient brokering. Prosecution could result in a felony and the fines increase with the number of patients brokered. Brokering more than 20 patients will be a first-degree felony and a whopping fine of $500,000.

DCF’s Role (Department of Children and Families): It will now cost much more to license a facility and the penalty for operating without a license is a third-degree felony with a maximum 5 years in jail. DCF significant increase in licensing fees. Operating without a license becomes a third-degree felony, carrying a maximum five-year prison sentence. DCF now must draft the new rules including; clinical, treatment best-practices, operating standards, levels of qualifications for addiction professionals and the number of staff that will be required to operate. DCF will also be allowed to visit you center anytime without notice and inspect all of the above.

The current Florida legislation that was passed on May 4, 2017 HB 807 (SB 788) broken down to simplistic terms; Click to Tweet
As a treatment center owner, detox center owner, or sober living owner you need to completely understand the 5 bills that have passed;

HB 807 (SB 788) — Marketers will now have to be licensed and there are stiff penalties and fines for patient brokering. and centers will be help legally liable for deceptive marketing practices. It makes DCF the “big brother” and enforcer of the industry

Sponsors: Reps. Bill Hager, R-Boca Raton; Gayle Harrell, R-Stuart; and Joseph Abruzzo, D-Boca Raton; and Sen. Jeff Clemens, D-Atlantis.

HB 249 (SB 588) — Paramedics, emergency techs, and hospitals to collect data on overdoses and report them to the Dept. of Health. Forces hospitals to adapt overdose protocols.

Sponsors: Reps. Bob Rommel, R-Naples, Larry Lee Jr., D-Fort Pierce; and Sen. Kathleen Passidomo, R-Naples.

HB 477 —  Directly attacks drug dealers with min. and mandatory jail time including heavy fines for dealing in fentanyl. It also gives prosecutors the option of imposing murder charges.

Sponsors: Reps. Kathleen Peters, R-St. Petersburg; and Charlie Stone, R-Ocala.

HB 557 (SB 840) — Directed towards prescribing physicians controlling the quantity of opioids prescribed to five days. The Prescriptions that are filled for any controlled substances must be reported in the State prescription drug monitoring database within one day.

Sponsors: Rep. Nicholas Duran, D-Miami, Rep. David Silvers, D-West Palm Beach; and Sen. Jeff Clemens, D-Atlantis.

SB 886 (HB 791) — Protects individuals that have been Marchman Acted by making their court records confidential.

Sponsors: Sen. Bobby Powell, D-West Palm Beach; and Rep. Joseph Abruzzo, D-Boca Raton.

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How I Survived the Hunger Games of Law @StopFyringBrain

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Prior to enrolling in law school, I had no idea about the “cutthroat” culture and law students using guerrilla tactics to gain an edge in obtaining better grades, accolades, and academic distinctions. During my first semester, I witnessed despicable classmates hide study guides in the library stacks during finals week, outright reject modest peer requests for copies of study outlines; and deceive absent classmates about the subject matter discussed by professors during exam study halls. These were just a few examples of atrocities of human nature I witnessed. Very quickly, it became clear that the motto “each man for himself” was ingrained in the law school culture. Essentially, I was one out of about 100 recruits enlisted to train as a “law student mercenary.” The mission: focus solely upon surviving law school, no matter the cost.

As semesters came and went, it became obvious that many of my classmates’ mental and physical health were deteriorating. On countless occasions, I witnessed students break down in tears after exams, and later observed many peers miserably hiding in between the law library stacks. For fear of stigma and shame, many classmates chose to cope with their anxiety and depression in their respective ways. Meanwhile, some sinister overachievers quietly reveled in their misery. Displays of integrity and decency were almost non-existent. Understandably, some students “mailed it in,” and dropped out altogether.

Without question, a majority of students leaned on substances to cope with academic stress and anxiety. For instance, some carried flasks of whiskey in their backpacks while others would pop loads of Adderall to fuel all night study sessions. Our weekly Friday Happy Hour slowly morphed into Happy Hours. Quite frankly, drinking, drugging, and addiction were very much a part of law student culture.

As for myself, my approach was simple: keep my head down, trust a select few, nurture genuine relationships with faculty and administration; and never distract myself with law school politics. It seemed that simple right? In spite of my mother battling a terminal neurological disorder, I remained focused on the prize. In 2010, I graduated with strong academic credentials right before my mother passed away and reveled in her being proud of her son.

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Entering The Real Life Practice Of Law

Admittedly, I was naive to think that once I entered the real world of law practice, the fierce competition would quiet down a bit. First, I began as solo practitioner, and worked concurrently as judicial clerk for a senior probate judge. Itching to gain courtroom experience, I joined a close friend at a South Florida firm representing institutional lenders in foreclosure actions. If I had a dime for every complaint I heard from staff and attorneys, I’d be a very rich man. With the exception of the sole shareholder, there wasn’t a happy employee in the office. Further, it was obvious to me that many were abusing alcohol and other substances while “on the clock,” and few took pride in their work. Management neither demonstrated a modicum of interest to boost employee morale nor even attempted to address employee wellness.

After a year, it became clearly apparent that continuing to represent banks in residential foreclosure actions would eventually lead to career suicide. More importantly, my legal mind was atrophying. So, I leveraged my local connections and joined “Big Law” where I concentrated my experience in a professional liability defense group. At the time, I felt like I had reached the pinnacle of my career. For starters, I had a beautiful office with an ocean view, a great salary, great benefits, and I was working on newsworthy cases. To quote Rod Tidwell from Jerry MacGuire, “I had reached the qualm.” Sadly, it only took a few short weeks to realize that this was merely a figment of my imagination.

Deciding Whether My “Big Law” Colleague Remained An Ally Or An Enemy

Unfortunately, starting out in “Big Law” was as terrifying as landing on the chaotic Normandy Beach in 1943, and being clueless as to where your “fellow” soldiers’ loyalties existed – with the allies or the axis. Trying to distinguish which of your colleagues was an enemy or a friend was next to impossible. Since my performance was primarily measured by the amount of monthly billable hours, I anxiously practiced in fear of my superiors and wary of the motives of fellow attorneys. As for my beautiful office with an ocean view, I rarely took my eyes off of my computer screen, so I barely had an opportunity to admire the blue horizon.

As the weeks went on, it became clear to me that I was an insignificant associate droning away at a “Big Law” firm fighting battles on multiple fronts. On one front, I was battling to meet my monthly billable hour quota. Keep in mind, the firm shareholders spared no mercy when it came to reminding me that my job security solely depended on meeting my monthly billable hour quota. On a second front, I had to aggressively jockey for access to mentorship and opportunities to professionally grow. Otherwise, my professional progression would end up permanently stunted. I also had a very difficult time establishing a solid rapport with fellow colleagues outside of my practice group based primarily upon the fact that intrafirm competition successfully suppressed trust-building conversations and camaraderie.

Overall, the office morale was exceedingly low. I commonly observed poor body language in my fellow colleagues, and often heard of them quietly thinking aloud of their “exit strategy.” The partners generally appeared miserable, and the stench of scotch emanated from their orifices at all times of the day. Granted, the firm boasted some brilliant legal minds with high IQ’s, but their emotional intelligence was well below average. It became very clear to me that this was not a place to for me, a millennial lawyer, to thrive.

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Coping With the Immense Stress and Pressure

Quite frankly, I numbed my depression and anxiety with alcohol. During the weekdays, I would come home and cook dinner while polishing a bottle of wine. Every Friday afternoon, it was routine for me to greet my wife (then fiancé) with a handle of Jack Daniels (instead of flowers) and make sure it was polished come Sunday. No exceptions. Additionally, I began smoking cigarettes while driving to work, prior to attending court, and in some cases before and after client meetings. I stopped exercising (because I had no time), and my diet primarily consisted of Chinese takeout and pizza. To make matters worse, I saw how helpless my wife felt as she witnessed me transform into a depressed attorney that medicated himself with vices of all sorts. It nearly destroyed me and broke my heart.

Without question, I was killing myself slowly, but surely. Ironically, I ignored the all-too familiar warning signs. After all, I lost several close friends in the legal industry because they failed to address their depression, anxiety, and addiction issues. All things considered, why would I neglect my mental and physical wellness? Simple, lawyers like myself, are taught never to show weakness or vulnerability, as their jobs partially depend on maintaining this impenetrable façade of resilience. I was frightened of the scenario that word would get out that I was seeking professional help, and my career would come to an abrupt end.

My Moment of Clarity and Finding Purpose

After slaving away for about seven months in “Big Law” and seeing how my mental and physical health deteriorated to concerning levels, my family and wife demanded I resign. The very next day, I tendered my resignation and decided to focus on rehabilitating myself. This was the hardest and best decision I’ve ever had to make. Looking back, it was a life-saving decision.

Candidly, I spent the next year or so saddled with confusion, self-doubt, anger, and regret. Rather than wallow in a state of depression, I chose sobriety as my vehicle to regain my clarity and confidence. During this long period of introspection, my creative juices began to flow once again and I finally discovered my purpose.

For better or for worse, I uniquely possess the crucial characteristic of spending years engaged in that daily struggles that accompany a high stress profession, such as law. Today, I draw upon my experiences to connect with my fellow attorneys and professionals who feel tortured and confused. Phrased differently, the sharpest tool I have in my toolbox of communication assets is empathy. It is an effective trust-building asset that can slice through any psychological defense mechanism.

I am now the founder of MindWell Coaching and Counseling, spawned from my own personal experience to help solve a problem where no solution exists: to coach and counsel lawyers and educated professionals battling depression, anxiety, addiction, and simply neglecting their physical health. My wife, a licensed marriage and family therapist, and assists with repairing the family unit.

We recognize there is a generational gap when it comes to the priorities of millennial professionals and our esteemed elder statesmen (and women). Together, we coach and counsel attorneys, professionals, and “ordinary” people who suffer from depression, anxiety, addiction, and those who simply feel stagnant professionally.

Today, I stand proud that I had the courage to walk away and save myself.  I am here for those who need to rebuild their confidence and courage.

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Heroin Addiction and Treatment

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Men’s Addiction Treatment – Hope – Health – Happiness

Heroin is a highly addictive drug produced by morphine that is obtained from the opium poppy. Opiates and Heroin is one of the most severe substances abused in the whole world. In addition to health conditions caused by the drug itself, there are numerous of other risks connected with heroin addiction which is not much of an issue with other drugs. Heroin is used in a variety of ways, determined by user preference plus the purity of the drug.

 

Heroin can be injected right into a muscle, mixed in a marijuana joint or regular cigarette, injected into a vein, smoked in the water pipe or standard pipe,  inhaled as smoke by using a straw, or snorted as powder through the nose.

 

According to Centers for Disease Control and Prevention (CDC), between 2002 and 2013, the speed of heroin-related overdose deaths nearly quadrupled in the Heroin Addiction And TreatmentUSA, and  8,200 people died in 2013.  The CDC cites heroin as one “illegal, highly addictive opioid drug.” Its overdose may result in slow and shallow breathing, coma or death.

It is a common practice with folks to use heroin along with drugs or alcohol. This is often a dangerous proposition since it increases the probability of an overdose manifold. Usually, heroin is injected, but people also smoke or snort it on occasion.

Individuals who inject heroin are at risk of severe, long-term viral infections WHICH includes HIV, Hepatitis C, and Hepatitis B, and also bacterial infections in the skin, bloodstream, and heart.

Not only in renowned rehabs just like the drug rehab centers, but heroin addicts undoubtedly are a regular feature among patients in hospitals even in a remote borough. Heroin use has skyrocketed in rural parts of the United States in the past years, triggered due to the widespread availability of inexpensive forms of the drug — in many cases cheaper than black-market prescription painkillers.

Who is at risk?

Heroin abuse has reached a dismal level which necessitates drastic measures to counter the harmful effects. The CDC identifies the following at a greater risk of getting addicted to  heroin:

  • Individuals who are dependent on cocaine
  • Persons who are addicted to prescription opioid painkillers
  • Individuals who are not insured or opted in for Medicaid
  • Non-Hispanic whites
  • Male and female from 18-25 years old
  • Individuals who are dependent on marijuana and alcohol
  • People living in a vast metropolitan area

Heroin Addiction Treatment

Heroin addiction treatment centers put up a unique plan for every heroin addict based on the previous discussion with the addicts, members of the family and addiction level of the person involved.  These centers provide residential and outpatient care on the addicts. The treatment centers provide a high amount of facilities and medication therapy programs for the addicts. These specialized facilities help heroin addicts to encounter a relaxed atmosphere knowing that it leads to personal reflection and healing for adults and young addicts.

Heroin use is directly related to HIV/AIDS and hepatitis, together with the problem of the heart and brain. To solve this problem, heroin drug rehabs are the most effective options for complete drug treatment.  Heroin rehabs design various types of programs for short term and long term care.  Inpatient drug treatment facilities are one of the best choices available for people seeking to recover from drug addiction.

Some drug addicts are managed by experienced drug treatment specialists who end up an accomplishing heroin recovery case. These drug rehab centers have a specialized team of professionals for every result oriented drug rehabilitation program, and experts from the industry provide many types of these programs. The staff of these drug rehabs is skilled with numerous experience in working with many drug addicts.

The treatment therapy is depending upon the average person addiction level. Most of the following methods are best drug recovery treatments that will help heroin addicts get over addictions

Detoxification

It withdraws the symptoms of heroin and gives a drug-free life to the addicts. It can be a long-term treatment that uses residential and outpatient treatment programs. The amount of this treatment is at least three to six months. During the treatment, drug rehabs use medications as part of the treatment.

Methadone programs

It’s is a secure and efficient program to treat addicted peoples before the last thirty years. The medication therapy is used in this program for 24 to 36 hours. Patients can come out of their mental and emotional reactions. Methadone eliminates the craving that affects on our relapse. Methadone dosages should be carefully monitored in patients who’re taking antiviral therapy for HIV infection.

Behavioral therapies

These combine residential and outpatient approaches. An important task would be to match the most effective treatment method to meet the particular needs of the addict. Cognitive-behavioral approach is built to modify the patient’s thinking and expectations.

LAAM and other medications

LAAM is like methadone used to take care of the heroin addiction. Methadone prevents the effects of heroin as much as seventy-two hours with little side effects. Its long duration of action permits dosing three times weekly. Another medication to take care of heroin addiction is Buprenorphine. It produces a lower level physical reliance.

Citations: Bright Futures – Heroin Addiction and Treatment

ADDICTION MARKETING NOT IMMUNE FROM KICKBACK EXPOSURE
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By:
Jeffrey L. Cohen

Many business people involved in some aspect of the recovery business world (e.g. IOPs, PHPs, Detox) are not aware of the punishing laws that apply to their marketing arrangements. Simply paying someone a commission based sales compensation without fully appreciate the applicable laws is dangerous and costly.

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The chief federal law involved in the issue, the Anti Kickback Statute (“AKS”) is found at 42 CFR 1320a-7b(b) and essentially forbids paying anyone for referring patients whose care is compensated in any way by any state or federal healthcare program (e.g. Medicare, Medicaid, CHAMPUS or TriCare).

The law enforcement arm of that law, the Department of Health and Human Services Office of the Inspector General (OIG), has weighed in several times on the issue of how the AKS would apply to situations involving independent contractors whose compensation is commission based. More specifically, the OIG has been clear that such arrangements clearly implicate the AKS and has identified some core suspect indicators, including:

  • Compensation set on a percentage of sales basis
  • Direct billing of any federal healthcare program by the seller for an item sold by the contractor
  • A direct contract between the contractor and a physician in a position to order or refer
  • A direct contract between the contractor and federal healthcare program beneficiaries

The AKS is a statute with both criminal and civil monetary consequences. As such, it is a primary enforcement tool for the government. That said, the AKS is an intent based law, meaning the feds have to prove intent on the part of the offender, namely that the offender intended to pay for referred patients. Though intent can be gleaned from conduct, proving intent (even “one purpose” of the arrangement) is not easy.

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Recovery service providers are well advised to become familiar with not only the AKS, but also the law’s exception, so called “Safe Harbors,” which specify specifically permitted arrangements (42 CFR 1001.952). The “personal services arrangement” Safe Harbor has particular application in the area of marketing, as does the AKS exception for “bona fide employment arrangements,” which apply to W-2 employees, but not independent contractor relationships.

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Many recovery service providers do not interact with federal or state healthcare programs of any kind. For them, the AKS may not seem to be an issue, since the law only applies when services are reimbursable by a state or federal healthcare program. And yet the inquiry cannot stop there since many states have remarkably similar laws that apply even when there is no governmental payer involved.

For instance, Florida’s Patient Brokering Act (“PBA”) (Section 817.505, F.S.) mirrors the AKS in several key r espects. Like the federal AKS, the PBA carries with it criminal consequences and is used by many insurers to deny payment for claims. Like the AKS, the PBA contains an exception for arrangements that comply at the federal level. As such, Safe Harbor compliant arrangements can be expected to survive scrutiny in PBA enforcement activity. This is just one instance where it may appear that federal regulatory compliance is not germane, but in fact is.

Recovery service providers must take care to be familiar with both federal and state laws and to understand how they apply to the risky realm of marketing arrangements

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Proposed Florida Laws Target Addiction Treatment Providers All Stateslegal-issues-100393098-primary.idge

StopFryingYourBrain.com becoming most viewed Substance Abuse sites in the nation click here and learn more.

2016-01-30_17-50-29

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