How your Employee Assistance Program (EAP) is at Risk for Fraud and Abuse: What you need to know about the “PHP-Blueprint” and “New Paradigm”

mllangan1's avatarDisrupted Physician

screen-shot-2016-10-13-at-10-27-30-pmEmployee Assistance Programs (EAPs)

Employee assistance programs (EAPs) evolved from the “industrial” or “occupational” alcohol programs (OAPs) of the 1940s that were developed by companies to address alcohol abuse and its impact on the workplace. The first of these programs was developed by Dupont de Nemours and Company from 1941-1944 followed by Kodak in 1945 (Royce and Scratchley, 1989). These  programs were typically staffed by a recovering alcoholic employee working in cooperation with corporate medical departments or a union health clinic and the sole referral source was to the recently formed self-help group Alcoholics Anonymous (AA).   The primary intervention was to “confront the alcoholic’s job performance decline and denial using possible job loss as leverage toward seeking help.”

screen-shot-2016-10-18-at-11-25-14-pmWith time these programs broadened to include other issues that could potentially impact job performance. Worker Assistance Programs (WAPs) emerged in the 1950s when companies such as Consolidated Edison, Standard Oil of New…

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Physician Suicide and Physician Wellness Programs: We Really Need to Start Talking About the Elephant in the Room.

None of these deaths were investigated. None were covered in the mainstream media.   These are red flags that need to be acknowledged and addressed!    This anecdotal evidence suggests the oft-used estimate of 400 suicides per year (an entire medical school class) is a vast underestimation of reality—extrapolating just the five deaths above to the entire population of US doctors suggests we are losing at least an entire medical school per year.

As physicians we need to demand transparency, oversight, regulation and auditing by outside groups. This is a public health emergency.

Source: Physician Suicide and Physician Wellness Programs: We Really Need to Start Talking About the Elephant in the Room.

Judge finds prosecutor misconduct in handling of Amherst drug lab cases–Boston Globe

Related:  https://disruptedphysician.com/2016/05/12/eight-miles-high-at-the-massachusetts-crime-lab/

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Sonja Farak, a forensic chemist in the State Crime Lab in Amherst who stole from narcotics samples to feed her addiction, stood during her arraignment in 2013.

A Springfield judge has vacated several drug cases connected to a former state chemist after finding that two former state prosecutors committed misconduct.

In a lengthy ruling, Judge Richard J. Carey of Hampden County Superior Court concluded that the two prosecutors “tampered with the fair administration of justice” by deliberately concealing documents and making misrepresentations to a judge. Carey found their conduct “constitutes a fraud upon the court.”

Carey dismissed the convictions of seven defendants and allowed another to withdraw his guilty plea.

The dismissals stem from evidence tested by Sonja Farak, a former state chemist at the Amherst drug laboratory who was arrested in early 2013 after a colleague noticed samples were missing. She pleaded guilty in 2014 to stealing from narcotics evidence and was sentenced to eighteen months in jail.

At the time of her arrest, State Police seized drugs and paraphernalia from Farak’s car, as well as work sheets she completed as part of substance abuse therapy. The work sheets showed that her tampering with evidence began earlier than was revealed at trial or in subsequent proceedings.

Judge Carey determined that two former assistant attorneys general — Anne Kaczmarek and Kris Foster — compounded the damage done by Farak, and that their actions were “in many ways more damning.” The prosecutors took steps to conceal these work sheets from the court and local prosecutors, as well as from defendants challenging Farak’s analysis in their cases, he found.

Kaczmarek left the attorney general’s office in 2014 and is now an assistant clerk magistrate in Suffolk County.

“I am proud of my 16 years of working for the people of Massachusetts. I disagree with the Court’s decision and the characterization of my conduct in this case,” said Kaczmarek.

Foster is now general counsel at the Massachusetts Alcoholic Beverages Control Commission. She did not respond to a request for comment.

“The nature and scope of governmental misconduct by Kaczmarek and Foster in withholding evidence was severe,” Carey wrote. “It continued for a prolonged period, in violation of many drug lab defendants’ constitutional rights.”

Kaczmarek, who led Farak’s prosecution and also prosecuted former state chemist Annie Dookhan, cited these work sheets in memos to her supervisors. She also provided copies to Farak’s defense attorney, but not to the Hampden District Attorney’s Office, which was responsible for passing along pertinent evidence to defendants.

In response to motions from defense attorneys, Foster told a judge that all relevant materials had already been turned over, characterizing such motions as a “fishing expedition.” Foster later testified that she never actually reviewed the evidence files to determine what had not been turned over, and that she intentionally wrote a “vague” letter to the judge to avoid representing that she had.

Carey found that the two prosecutors “managed to withhold the mental health worksheets through deception.” He rejected Kaczmarek’s explanation that she forgot about the work sheets, and deemed Foster’s actions “inexcusable.”

In March, the state attorney general’s office acknowledged that both prosecutors made mistakes, but argued that they were not severe enough to warrant throwing out convictions. But Carey determined that the circumstances demanded that the cases be dismissed in order to deter misconduct by prosecutors in the future.

“The ramifications from their misconduct are nothing short of systemic,” Carey wrote. “Had the AGO made timely disclosures of the mental health worksheets, many of the defendants before me now . . . would not have spent as much time incarcerated.”

Attorneys for the defendants welcomed the ruling.

“In not turning over this vital evidence, the attorney general ensured that a scandal would devolve into a travesty of justice,” said Springfield-based lawyer Jared Olanoff.

“Judge Carey did brilliant, fearless work concerning the misconduct committed by the prosecutors who intentionally withheld exculpatory evidence,” said attorney James McKenna.

The attorney general’s office is reviewing the decision, according to spokeswoman Emalie Gainey.

Shawn Musgrave can be reached at shawnmusgrave@gmail.com. Reporting for this story was supported by the Fund for Investigative Journalism.

Eight Miles High at the MA Crime Lab: Another Glaring Systems Failure in Drug Testing in Massachusetts

“We had two bags of grass, seventy-five pellets of mescaline, five sheets of high powered blotter acid, a salt shaker half full of cocaine, and a whole galaxy of multi-colored uppers, downers, screamers, laughers… and also a quart of tequila, a quart of rum, a case of Budweiser, a pint of raw ether and two dozen amyls.
Not that we needed all that for the trip, but once you get locked into a serious drug collection, the tendency is to push it as far as you can.” 
― Hunter S. ThompsonFear and Loathing in Las Vegas

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 A knowing smile must have come across Sonja Farak’s face if she ever read the above quote from Fear and Loathing in Las Vegas during her nearly eight-years as a chemist for the  Massachusetts crime lab. The list of  illicit pharmaceuticals found in the trunk of Dr. Gonzo’s red Chevrolet convertible was not unlike her very own workstation stash in terms of diversity and color.  Farak’s personal bindle, however, just happened to reside within the walls of the Amherst facility where she worked as a chemist analyzing seized substances brought in by police and the buffet of illicit pharmaceuticals and industrial quantities Farak  snorted, smoked and swallowed while testing drugs for criminal cases is jaw dropping.

Referring to his own drug use,  Charlie Sheen once said …”I probably took more than anybody could survive,” during  an ABC interview. “I was banging seven-gram rocks. Because that’s how I roll. I have one speed. I have one gear.”  Sheen noted his most recent binge was “radical. … The run I was on made Sinatra, Flynn, Jagger, Richards look like droopy-eyed, armless children.”  But Farak’s  run would make even the most hardcore drug user stand up and take notice as this woman was not just under the influence but over the rainbow and her eclectic pharmacopeia and hepatic fortitude alone is breathtaking but the kicker is this; she did it all within the walls of the state run crime lab and no one noticed.

Farak’s drug use started  in 2004 when she started sampling from the “primary standards” chemists use as a reference to compare to the the seized samples brought in by police.  “Primary samples” are of very high quality and the Amherst lab maintained samples of everything from heroin to marijuana.  Farak developed a penchant for Meth and by 2005 had increased her usage to multiple times per day.   By 2009 she had nearly exhausted the labs entire methamphetamine supply.

Farak  told investigators that she smoked crack every single day at work.  When police in Chicopee, Mass. seized a kilo of cocaine, Farak utilized that lab’s facilities to freebase about  100 grams of it and free is a very good price.  When it struck her fancy she also  took methamphetamine, amphetamine, ketamine, ecstasy LSD, Marijuana and MDMA at work and at home and probably to and fro.  She testified in court while addled by drugs and even hit the crack pipe prior to a 2012 state police accreditation inspection of the lab with no eyebrows apparently raised. Farak remained undetected amongst those trained to detect.  Throughout this entire marathon binge no one noticed a decline in her work with one colleague even calling her “meticulous” and “dedicated to her work.”

Farak  was arrested in 2013 after it was inexplicably discovered that her lab samples that she had been tampering with for nearly eight-years had been tampered with.   Chunks of crack were found at her work station and a crack pipe in her car.

She pleaded guilty in January 2014 to tampering with a handful of drug samples and served an 18-month sentence. She was prosecuted and the Massachusetts attorney general’s office said at the time they did “not believe Farak’s alleged tampering would undermine any cases” but three years later, an investigation by Attorney General Maura Healey reveals otherwise.

Farak’s pursuit to oblivion rivals that of  Permanent Midnight,  Jerry Stahl’s autobiographical account his prodigious drug use as he wrote television shows but the potential consequences of Farak’s diehard addiction and penchant for psychotropics are more than just shabby dialogue on Moonlighting oAlf.  Losses of liberties and freedoms can result from positive drug tests and the consequences can be grave and far reaching. Positive drug tests can tear apart families end careers and trigger suicides.

A spokeswoman for Attorney General Maura Healey said the information gathered about Farak “will no doubt have implications for many cases.”  One defense attorney told the Boston Herald that Farak handled about 30,000 cases over the course of her career.

Some defense attorneys maintain that prosecutorial misconduct kept the details of Farak’s drug-induced work secret for almost two years after her problems were discovered.

Cyndi Ray Gonzalez, chief spokeswoman for Massachusetts Attorney General Maura Healey, said that the state’s district attorneys, the defense bar and the courts “are going to have to collectively work on determining the universe of cases that could be affected. And they’re going to have to determine how best to notify the people in each case.”

Matthew Segal of the American Civil Liberties Union of Massachusetts has been fighting Massachusetts prosecutors for almost four years to learn the names of all those affected by Dookhan’s misconduct.  “This is why it’s not just about two chemists, it’s about an entire system that allowed this to happen, and once it did happen didn’t take steps to remedy it.”

The newly released investigation was prompted by a ruling from the state Supreme Judicial Court last April, which said top state law enforcement officials failed to fully investigate how many times Farak tampered with drug evidence after her arrest in 2013. “This is a statewide problem,” said attorney Luke Ryan, who helped bring the scope of Farak’s drug use and evidence tampering to light, and who represents several defendants whose samples purportedly were tested by Farak. “The fact that we’re doing this in 2016 instead of 2013 makes the job so much harder. . . . The chances of people falling through the cracks really increases.”  According to spokesman Jake Wark state’s district attorneys are undertaking research similar to that performed in the wake of the Dookhan scandal

“Our experience with the Hinton Lab crisis has provided us with a framework for identifying and acting on these cases,” Wark said, referring to  ex-chemist Annie Dookhan, who was found to have been falsifying her analysis reports to police and the courts for years and potentially tainting up to 40,000 cases.  Identifying and acting?   How about preventing?

Farak and  Dookhan’s misdeeds were initially dismissed as a minor issue by government lawyers. -These egregious debacles are not just a matter of “bad apples” but a complete organizational systems failure in a culture of deference with no internal controls and an absence of outside accountability.    In both cases the blinkered apathy is  glaringly obvious and some people felt it was easier not to examine or look too deeply into the matter.

 

HERE IS THE MASSACHUSETTS ATTORNEY GENERAL’S REPORT ON SONJA FARAK:

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mllangan1's avatarDisrupted Physician

“We had two bags of grass, seventy-five pellets of mescaline, five sheets of high powered blotter acid, a salt shaker half full of cocaine, and a whole galaxy of multi-colored uppers, downers, screamers, laughers… and also a quart of tequila, a quart of rum, a case of Budweiser, a pint of raw ether and two dozen amyls.
Not that we needed all that for the trip, but once you get locked into a serious drug collection, the tendency is to push it as far as you can.”
Hunter S. Thompson, Fear and Loathing in Las Vegas

Screen Shot 2016-05-07 at 7.39.25 PM

A knowing smile must have come across Sonja Farak’s face if she ever read the above quote fromFear and Loathing in Las Vegasduring her nearly eight-years as a chemist for theMassachusetts crime lab. The list ofillicit pharmaceuticals found inthetrunk of Dr. Gonzo’s red Chevrolet convertiblewas not unlike her very own…

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Decision Making in Regulatory Medicine: A Framework to Identify the influence of Special Interest Groups and “Bent” Science

Screen Shot 2017-03-12 at 5.40.38 PMAlexis de Toqueville once observed that a key feature of American government was the decentralized character of administration. “Written laws exist in America,” he wrote, “and one sees the daily execution of them; but although everything moves regularly, the mover can nowhere be discovered. The hand which directs the social machine is invisible.”2Administrative law is the body of law that allows for the creation of public regulatory agencies and contains all of the statutes, judicial decisions and regulations that govern them. Administrative agencies implement their powers in the form of rules, regulations, orders and decisions.   State medical boards are the regulatory agencies responsible for the licensure and discipline of physicians. They grant the right to practice medicine in the form of a medical license and each state has Medical Practice Act that governs and defines the practice of medicine. The medical board is empowered to take action against a doctor for substandard care, unprofessional behavior and other violations as defined by the state Medical Practice Act.Administrative Code governs the licensure and disciplinary process and the State Administrative Procedure Act governs the legal process (due process, discovery, etc.). Regulatory changes are enacted through procedural, interpretive and legislative rules.Both medical practice acts and administrative procedure acts are subject to change.  Changes in medical practice acts can redefine what is acceptable practice and what constitutes professional behavior. This can increase the power and control these agencies have over doctors both professionally and socially.

Source: Decision Making in Regulatory Medicine: A Framework to Identify the influence of Special Interest Groups and “Bent” Science

Win a 1964 Rolling Stones Vinyl  45 signed by Mick Jagger, Keith Richards, Brian Jones, Bill Wyman and Charlie Watts–It is your if you can show physician health program director Dr. Luis Sanchez committed fewer than 3 felonies!

mllangan1's avatarDisrupted Physician

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It has been almost 6  months since I offered over $25 thousand dollars in cool prizes to anyone who could show that past president of the Federation of State Physician Health Programs (FSPHP)  and Medical Director of Physician Health Services, inc. (PHS) Dr. Luis “aka the dirty” Sanchez did not commit multiple felonies  (December 9, 2016)  and no one has been knocking at my door.   All of these prizes can be seen in the post below:

I am Offering Over $25,000 in cool prizes to anyone who can show past FSPHP President Sanchez did not commit at least 3 felonies based on documentary evidence alone! I claim the documents show direct evidence of multiple serious crimes –prove me wrong and the whole lot is yours!

Perhaps the booty isn’t good enough so I added a 1964 Decca  7″ 45 RPM original pressing of Little Red Rooster  (A) and…

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“Ship of Fools” 3-28-81 Grateful Dead

The bottles stand as empty, as they were filled before.
Time there was and plenty, but from that cup no more.
Though I could not caution all, I still might warn a few:
Don’t lend your hand to raise no flag atop no ship of fools.

Ship of fools
on a cruel sea
Ship of fools
sail away from me

It was later than I thought
when I first believed you
now I cannot share your laughter
Ship of Fools

The Regulatory Capture of American Medicine by the Drug and Alcohol Testing, Assessment and Treatment Industry  by Michael Langan, MD

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Please donate to this effort below.  Your contribution can and will make a difference.  https://www.gofundme.com/PHPReform

rumikern's avatarCPR - The Center for Physician Rights

https://disruptedphysician.com/2016/08/06/the-regulatory-capture-of-american-medicine-by-the-drug-and-alcohol-testing-assessment-and-treatment-industry/

Another incisive piece by Dr. Langan on the crucially important concept of “regulatory capture” of a market sector, in this case the Physicians Health Program.  Clearly, Medical Licensing Boards (MLBs) have mastered the art of regulatory capture, essentially writing legislation which includes stipulations that essentially allow them to write their own rules as they see fit. Then, covered by that state’s sovereign immunity, they’re essentially tin-pot dictators. Then, allied with PHPs who are extended the same sovereign immunity with utterly no oversight or accountability and, which in multiple states, are alleged to have neglected (and thwarted) all means of due process, one has a co-conspirator in the regulatory capture. Now two “state agencies” (in quotes because the recent SCOTUS FTC v. NC Dental decision throws their claim of “state agency” into major question) operate in tandem to both capture the regulatory process by which physicians operate and then collude…

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Policy and Regulatory Decision Making in the Medical Profession: A Framework to Identify the influence of Special Interest Groups and “Bent” Science

screen-shot-2015-02-05-at-10-49-27-am.pngIn  Bending Science: How Special Interests Corrupt Public Health Research 1  Thomas McGarity and Wendy Wagner describe how special interest groups scheme to advance their own economic or ideological goals by using distorted or “bent” science to influence legal, regulatory and public health policy.The authors describe a “separatist view” of science and policy that assumes scientific research is sufficiently reliable for public policy deliberations and legal proceedings when it reaches them.  This is illustrated as a pipeline in which it is presumed  the scientific community has properly vetted the information flow through rigorous peer-review and professional oversight.  The final product that exits the pipeline is understood to be unbiased and produced in accordance with the professional norms and procedures of science.   The reliability, integrity and validity of the final product is indubitably accepted.The separatist  view does not consider the possibility that the scientific work exiting the pipeline could be intentionally shaped and contaminated by biasing influences as it flows through the pipeline.  When this occurs the final product exiting the pipeline is distorted or “bent” and bent science can result in bad decision making and bad policy.Bent science starts with a pre-determined outcome and works backward from a desired result. It is not true science. Those orchestrating the deception (“benders”) use a variety of tactics and strategies to shape, package and spin science to support their own hidden agenda and suppress opposing science.Benders attempt to hide, dismiss and debunk contrarian research and unsupportive science.  Benders will attack and harass the science and scientists that pose a threat to their interests. Using carefully crafted studies designed to confirm a desired outcome, the pre-determined conclusions are subsequently promoted and publicized to the relevant stakeholders who are often unable ( or sometimes unwilling) to discern real science from junk-science.

Source: Policy and Regulatory Decision Making in the Medical Profession: A Framework to Identify the influence of Special Interest Groups and “Bent” Science

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Please donate to this effort below.  Your contribution can and will make a difference.  https://www.gofundme.com/PHPReform

 

 

Regulatory capture and the critical need for Federal Trade Commission (FTC) Investigation of Medical Licensing Boards

screen-shot-2015-09-12-at-4-00-15-pmThe system is almost foolproof.   It is a culture of impunity and deference.  To make matters worse states Attorney Generals defer to the medical-board and their physician health experts.  The AGO represents the state agency and its expert in legal challenges and crimes reported by doctors are dismissed at the outset.  The agency responsible for investigating rackets and laboratory and healthcare fraud as well as civil rights violations and color of law abuse is the states AGO. No one is minding the minders.

The assistant AGOs representing boards appear to use the same tactics as the PHCU Board counsel and a similar moral disengagement mentality but it is unclear what the interface is with the PHP/medical board and states AGOs.  If anyone has any insight please advise as I have not figured it out.  Perhaps they agreed to deference to the medical board/PHP just as the medical board agreed to deference to the PHP.  Perhaps they have specific administrative attorneys who they use or even a cadre within but it is implausible that the entire AGO would be supporting the rehab racket.

Then again the Florida AGO  knew in 2012 that Millennium Laboratories, the nation’s largest drug testing company, was defrauding Florida Medicaid of millions  in a massive drug screening scam  persuading doctors to test Medicare patients for Angel Dust. It billed Medicare for 59 dead people. It bribed doctors and rigged research results and  made a mint from getting doctors to order expensive drug tests that were not needed but Florida AGO Pam Bondi in a March 2014 letter to the head of the federal Centers for Medicare and Medicaid Services, argued the tests were indeed needed.   Turns out Millennium once salvaged a key anti-drug initiative championed by Bondi and, through its high-powered lobbying firm, had deep ties to Bondi and Gov. Rick Scott’s legal team.

In the final analysis this has resulted in is a complete systems failure where corruption and abuse is occurring as a product of bad apples in plain view and within the walls of regulatory medicine with each agency deferring to the integrity and honesty of its predecessor. This is not good governance.

Historians will someday look back at the fall of American medicine and wonder how it was allowed to happen and link systemic as well as specific problems pervasively plaguing the profession with regulatory capture by the drug and alcohol testing, assessment and treatment industry.

Source: Regulatory capture and the critical need for Federal Trade Commission (FTC) Investigation of Medical Licensing Boards

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Please donate to this effort below.  Your contribution can and will make a difference.  https://www.gofundme.com/PHPReform