Narcotics in Nursing Homes

The Washington Post had an ainteresting article about the effect of drug enforcement on nursing home residents receiving pain medications.  Efforts by the Drug Enforcement Administration to crack down on narcotics abuse are producing a troubling side effect by denying some hospice and elderly patients needed pain medication.

Tougher enforcement of the Controlled Substances Act, which tightly restricts the distribution of pain medicines such as morphine and Percocet, is causing pharmacies to balk and is leading to delays in pain relief for those patients and seniors in long-term-care facilities.  The DEA has sought to prevent drug theft and abuse by staff members in nursing homes, requiring signatures from doctors and an extra layer of approvals when certain pain drugs are ordered for sick patients.

Most nursing homes do not have pharmacies or doctors on site, adding to delays for patients who fall ill late at night or in transition from a hospital.  The pharmacies face tens of thousands of dollars in fines if they deviate from strict controls that require doctors to sign paper prescriptions and fax them to a pharmacy before a nurse can administer them in the nursing home setting.

"The system is broken. It isn't working, and patients are suffering," said Claudia Schlosberg, director of policy and advocacy for the American Society of Consultant Pharmacists. "While we need to ensure there are proper controls on the medications, the overall law enforcement concern has to be compatible with meeting patients' needs, and right now it's not."

Doctors in nursing homes say the restrictions do not take into account that many more patients, with higher levels of illness and pain, are moving into long-term-care sites and out of hospitals.

 

 

SCDHEC Administrative Orders and Sanctions

Orders denying arbitration

The Supreme Court of Missouri in Lawrence v. Beverly Manor affirmed the circuit court decision  that wrongful death claimants were not bound by an arbitration agreement and could bring a court action for their relative's wrongful death.  

The Missouri Supreme Court in Ward v. National Healthcare Corporation affirmed the circuit court's decision because the resident's relative signed the agreement that included an arbitration clause but the relative was not power of attorney or legal guardiand therefore the arbitration clause was not enforceable.

These opinions are very encouraging.  It is ridiculous that nursing homes want residents and their families to agree to waive their right to a jury trial.  Most of the residents don't even know what they are signing or what arbitration means.

Hopefully, the Arbitration Fairness Act will soon pass and consumers will not need to worry about such unconscionable clauses in the nursing home admissions contracts.

 

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