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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.
john wallace

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;

Robert Henslee

Robert Henslee SFYB Founder

Note from publisher

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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Their seems to be a lot of media bias to justify the new actions. You can read about that here. Click Me

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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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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Busted, huh? Evoke the 5th Amendment, man. Even if you’re guilty. And especially if you’re innocent.
Why? Because there’s no way talking to the cops can help. None. Nada. If you’re guilty, wait for your lawyer to cut a deal. If you’re innocent, you’ll say something they can twist and use against you in court.
Amazing, isn’t it?
Do the smart thing. Keep your trap shut and watch this video. Especially if you’re innocent. This lawyer is a scream, but his advice is rock solid.

 

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  • Lost In Limbo? Hey if you need a friend and some help reach out to me Robert @ 772.206.6676 If you’re a service provider and wish to become a member of our network call John...
  • Is Your Landlord Partially Responsible for Your Relapse? This website is becoming the most visited substance abuse site in the nation. Click here to learn more I saw an article on allergy testing as it...
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  • Watch this man react to the world after 45 years in prison StopFryingYourBrain.com becoming most viewed Substance Abuse sites in the nation click here and learn more. After rock-bottom, rediscover life! Oh what a wonderful world...
  • A Day in the Life of a Crack Dealer. Think about this for a while… Stop being so dam stupid. Be Smart. You have a choice. VOTE: While You Still Can! Donald Trump? StopFryingYourBrain.com becoming...
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  • 50 Pounds of Marijuana Shipped to Wrong Address You Should Join You Should Join to learn about the best digital marketing for the drug and alcohol vertical? Click the button below. LinkedIn Groups You Should...
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  • Drug Addictions Alternatives That Work StopFryingYourBrain.com becoming most viewed Substance Abuse sites in the nation click here and learn more. Are we using the prison systems in America to treat mental illness? Sure looks that way...
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  • Are we using prisons to treat mental illness? Are we using the prisons in America to treat mental illness? Sure looks that way to the citizens. Thoughts? Do you have any suggestions what could be done differently....
  • US Government Turning Veterans Into Drug Addicts StopFryingYourBrain.com becoming most viewed Substance Abuse sites in the nation click here and learn more. Other Relevant Article – Click Here  You Should Join to learn about the best...
  • Veterans Being Pumped Full of Addictive Opiates StopFryingYourBrain.com becoming most viewed Substance Abuse sites in the nation click here and learn more. Other Relevant Article – Click Here Updates and more discussion on this topic please...
  • StopFryingYourBrain.com becoming most viewed Substance Abuse sites in the nation click here and learn more. The most important lesson from 83,000 brain scans You Should Join to learn about the best digital marketing for the...
  • stopfryingyourbrain.com one of the most viewed Substance Abuse sites in the nation click here to learn more   We are looking for the best books to recommend to our user community. If you are an...
  •  StopfryingYourBrain.com becoming one of the most viewed Substance Abuse sites in the nation stopfryingyourbrain.com  becoming one of the most viewed Substance Abuse sites in the nation. It is a community of 131,000+ registered users and...
  • “Our” LinkedIn groups you should join if you have a product or service to sell or if you wish to engage yourself in the drug and alcohol community. Before you do anything else, you should...
  • Members of Congress, the Betty Ford Foundation, the Christi Foundation and Many Others Meet to Discuss Opiate Deaths Today. Click on the image below to join our automated drug, alcohol training and marketing series if...
  • Seriously an automated marketing system/robot for the drug and alcohol vertical that has real value? The behavioral health national referral list with FREE automated marketing system by the “brian”…is designed specifically to bring service providers...
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  • Mexican Cartels Worse Than ISIL A United Nations report estimated over 9,000 civilians have been killed and 17,386 wounded in Iraq in 2014, more than half since ISIL fighters seized large parts on northern Iraq in...
  • Faith in Recovery  Click image below to visit our FB page
  • Faith in recovery USA Connections Welcome to United Churches Against Addiction. We consist of many subchapters. Currently we have two active subchapters, Faith in Recovery UK, Faith In Recovery USA. This is the USA subchapter....
  • Faith in recovery UK Connections Welcome to United Churches Against Addiction is a one stop shop providing support for people struggling with addictions by connecting them with local churches and quality specialised groups and centres suited...
  • United Churches Against Addiction – UCAA Welcome to United Churches Against Addiction. United churches against addiction is the parent organization of churches around the world whose purpose is to share resources and information with those...
  • Humbly United Brave souls are we who have waged a great war within ourselves and emerged victorious upon surrender, this is the axiom for which we lay a foundation that will bear the weight of...

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