As high-profile lawsuits linked to the U . S . opioid epidemic continue to play out in courtrooms nationwide , healthcare providers are working to implement ways to thread the needle between appropriate patient care and avoiding exposure to legal or regulatory action . A big part of that conversation revolves around medication access — in some cases physicians , often seen as gatekeepers , have found themselves under fire for what have been considered routine prescription practices up to now .
These new developments have led to a decreased willingness by some to even discuss opioid use with their patients , a move that some say is scaling back too far in the other direction . This begs the question : Is there a middle ground ? If so , how can providers find it and offer optimum care for patients without exposing themselves to liability now or in the future ?
It ’ s a complicated question , and one that got Anna M . Grizzle , an attorney with Nashville ’ s Bass , Berry & Sims , and some of her colleagues thinking . How could they talk about opioid-addiction to doctors and other clinicians in such a way to promote forward-looking awareness and action vs . a defensive posture ? First , they knew they ’ d need to pull back far enough to look at not just the current legal and regulatory landscape , but also the larger issue of opioid addiction and its current rise .
“ There is enormous media coverage devoted to the opioid crisis and its impact on citizens , particularly in rural areas . This coverage has touched on higher debt , more addiction , and the need for treatment . Looking at that coverage , we also started to see an increased focus by enforcement agencies ,” says Grizzle , who has more than 20 years ’ experience working with healthcare clients on enforcement , compliance , and regulatory issues .
These actions , in and out of the courtroom , are taking place across all healthcare treatment areas , from providers to pharmacies and drug manufacturers . Here are a few recent examples :
University of Michigan Health System : a $ 4.3 million settlement for failing to obtain DEA registrations , maintain complete and accurate records , and notify the DEA of theft or loss of controlled substances in a timely manner .
Effingham Health System : a $ 4.1 million settlement for failing to provide effective controls and procedures and failure to notify the DEA of suspected diversion in a timely manner .
Nantucket Cottage Hospital : a $ 450,000 settlement for failing to properly maintain controlled substances records and failure to maintain effective controls against diversion .
“ Physicians want to continue to provide great care to their patients . It ’ s overwhelming to them . It ’ s not just one agency taking a look ; there are a lot of them .”
Anna M . Grizzle , Attorney with Nashville ’ s Bass , Berry & Sims