Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: WCAB En Banc Decision Provides Guidance on QME Process, Exclusive Remedy No Protection for Uninsured Employer, Written Consent Required for Comp Attorney Referral Fee, EquityComp Arbitration Agreement is Unenforceable, Court of Appeal Denies Tristar Lien Law Challenge, Drug Pricing to Follow “International Pricing Index”, DWC Publishes 2017 Audit Report, WCIRB Reports Payments to Indicted Providers Declines, Outcomes Not Tied to Hospital Accreditation, FDA Approves Smartphone Urine Testing.
While some medical theorists claim cannabis can help you. others might say instead that it hurts you. New research published this month may support the latter theory. Marijuana, it seems, is not a performance-enhancing drug. That is, at least, not among young people, and not when the activity is learning.
A study published in the Journal of Clinical Psychiatry finds that when adolescents stop using marijuana – even for just one week – their verbal learning and memory improve. The study contributes to growing evidence that marijuana use in adolescents is associated with reduced neurocognitive functioning.
More than 14 percent of students in middle school and high school reported using marijuana within the past month, finds a National Institutes of Health survey conducted in 2017. And marijuana use has increased among high-schoolers over the past 10 years, according to the U.S. Department of Health & Human Services.
At the same time, the percentage of teens who believe that regular marijuana use poses a great risk to their health has dropped sharply since the mid-2000s. And legalization of marijuana may play a part in shaping how young people think about the drug. One study noted that after 2012, when marijuana was legalized in Washington state, the number of eighth-graders there that believed marijuana posed risks to their health dropped by 14 percent.
Researchers are particularly concerned with marijuana use among the young because THC, the active ingredient in marijuana, most sharply affects the parts of the brain that develop during adolescence.
“The adolescent brain is undergoing significant neurodevelopment well into the 20s, and the regions that are last to develop are those regions that are most populated by cannabis receptors and are also very critical to cognitive functioning,” says Randi Schuster. Schuster is the director of neuropsychology at Massachusetts General Hospital’s Center for Addiction Medicine and the study’s lead author.
Schuster and the team of researchers set out to determine if cognitive functions that are potentially harmed by marijuana use in adolescents – particularly attention and memory – improve when they abstain from marijuana.
They recruited 88 pot-using teens and young adults, ages 16 to 25, and got some of them to agree to stop consuming marijuana for the month.
The researchers randomly assigned the volunteers into an abstaining group and a nonabstaining group. They delivered the bad news to those chosen to be abstainers at the end of their first visit, and Schuster says, they took it surprisingly well.
Also at each visit, the participants completed a variety of tasks testing their attention and memory through the Cambridge Neuropsychological Test Automated Battery, a validated cognitive assessment tool.
Interestingly, most of the memory improvement for the abstinent group happened during the first week of the study, which leaves the researchers feeling hopeful.
The researchers found that after four weeks, there was no noticeable difference in attention scores between the marijuana users and the nonusers. But, the memory scores of the nonusers improved, whereas the users’ memories mostly stayed the same.
While this study didn’t prove that abstaining from cannabis improves adolescents’ attention, other studies have found that marijuana users fare worse in attention tests than nonusers. Schuster hypothesizes it might take more than four weeks of abstinence for attention levels to improve.
“We were pleasantly surprised to see that at least some of the deficits that we think may be caused by cannabis appear to be reversible, and at least some of them are quickly reversible, which is good news,” Schuster says.
Workers’ compensation treatment guidelines, as well as guidelines used in other systems are based on published scientific outcomes research. Most assume that if the study occurred at reputable institutions, and was peer reviewed in reputable journals, it would be rock solid science. More and more, this assumption is proving to be fallacious.
Harvard Medical School and Brigham and Women’s Hospital have recommended that 31 papers from a former lab director be retracted from medical journals.
The papers from the lab of Dr. Piero Anversa, who studied cardiac stem cells, “included falsified and/or fabricated data,” according to a statement to Retraction Watch and STAT from the two institutions.
Last year, the hospital agreed to a $10 million settlement with the U.S. government over allegations Anversa and two colleagues’ work had been used to fraudulently obtain federal funding.
Anversa and Dr. Annarosa Leri – who have had at least one paper already retracted, and one subject to an expression of concern – had at one point sued Harvard and the Brigham unsuccessfully for alerting journals to problems in their work back in 2014. Anversa’s lab closed in 2015; Anversa, Leri, and their colleague Dr. Jan Kajstura no longer work at the hospital.
While the Brigham settled with the U.S. Department of Justice, the U.S. Office of Research Integrity, which oversees research misconduct investigations involving National Institutes of Health funding, has not made a finding in the case. The university and the hospital have not said which journals the 31 papers appeared in, but the journal Circulation retracted a paper by Anversa and colleagues in 2014, and The Lancet issued an expression of concern about another in the same year.
“Following a review of research conducted in the former lab of Piero Anversa, we determined that 31 publications included falsified and/or fabricated data, and we have notified all relevant journals,” Harvard and the Brigham told STAT and Retraction Watch.
Anversa has previously corrected eight of his papers, many for failures to disclose conflicts of interest. He “practically invented the field of cardiac stem cell therapy when he first reported that cardiac cells were capable of regeneration,” Cardiobrief and MedPage Today wrote about him last year.
Anversa’s work was based on the idea that the heart contains stem cells that could regenerate cardiac muscle. He and his colleagues claimed that they had identified such cells, known as c-kit cells. When various research teams tried to reproduce the results, however, they failed. Still, some scientists have tried to inject c-kit cells into damaged hearts, with mixed results at best.
“We are committed to upholding the highest ethical standards and to rigorously maintaining the integrity of our research,” Harvard and the Brigham said. “Any concerns brought to our attention are reviewed in accordance with institutional policies and applicable regulations.”
Anversa was born in Parma, Italy, in 1940 and received his medical degree from the University of Parma in 1965. He gained prominence as a stem-cell researcher at New York Medical College in Valhalla, N.Y., where he worked before moving to Harvard Medical School and the Brigham in 2007. Anversa became a full professor in 2010.
The Los Angeles County District Attorney’s Office reports that a brother and sister who run a construction company in Paramount have been charged with fraud that allegedly resulted in at least $6 million in losses to the State Compensation Insurance Fund and with underpaying employees.
Enrique Vera (dob 2/14/70) of Tarzana, who owns Ultimate, Inc., faces four felony counts of workers’ compensation fraud and three felony counts of grand theft of labor.
Gloria Vera (dob 11/16/60), who is the company’s office manager, is charged with five counts of workers’ compensation fraud, three counts of insurance fraud and three counts of grand theft of labor, all felonies.
The charges include an allegation of fraud and embezzlement that resulted in a loss of more than $500,000 to the SCIF.
Case BA472360 was filed for arrest warrant on Oct. 24. Enrique Vera was arraigned in Department 30 of the Foltz Criminal Justice Center. Gloria Vera will be arraigned at a later time. The prosecutor requested bail be set at $505,000 for Gloria Vera and $430,000 for Enrique Vera.
According to Deputy District Attorney Christopher Hartman of the Healthcare Fraud Division, the siblings allegedly submitted altered payroll records to the SCIF in order to pay a reduced premium on the construction company’s workers’ compensation insurance. They are accused of making false and fraudulent statements with the intent to discourage injured workers from claiming workers’ compensation benefits or pursuing claims.
Gloria Vera also allegedly failed to disclose and concealed employees’ on-the-job injuries that entitled them to workers’ compensation.
The siblings allegedly also underpaid employees the prevailing wage that the company was required to as a contractor for a student housing renovation project at UCLA, the prosecutor said.
Gloria Vera faces a possible maximum penalty of 19 years in state prison if convicted as charged. Enrique Vera faces up to 15 years in prison if convicted.
The case remains under investigation by the District Attorney’s Office’s Bureau of Investigation.
Cal/OSHA has issued citations to Circle M Contractors, Inc. for willful violations of nail gun safety regulations after a carpenter was seriously injured at a residential construction site. An investigation found that the employer failed to train and instruct employees on the proper use of pressure-powered nailing tools.
On April 17, a carpenter was using an air pressure-powered nail gun to frame wood at a construction site in Lake Forest. The worker was carrying the nail gun in his right hand with his finger on the trigger when a nail was unintentionally discharged into his left arm. Cal/OSHA’s investigation found that Circle M Contractors employees did not receive hands-on training for operating nailing tools safely and that the Rancho Santa Margarita-based employer did not ensure workers carry nail guns only by the handle and not with their finger on the trigger.
Cal/OSHA issued two willful-serious accident-related citations with a total of $225,500 in proposed penalties for Circle M Contractors’ failure to train workers on nail guns and failure to ensure safe operation of these tools. Cal/OSHA’s review of the employer’s injury log showed 34 instances of nail gun injuries suffered by employees since 2016.
“Employers must effectively train workers to safely operate dangerous tools such as nail guns,” said Cal/OSHA Chief Juliann Sum. “The employer knew these tools are hazardous and did not take the necessary measures to protect their workers from injury.”
In 2015, Cal/OSHA investigated after a Circle M Contractors worker installing hanger brackets slipped and discharged a nail into his knee. Cal/OSHA cited the employer for failing to ensure workers carry nail guns only by the handle. It was one of three investigations of Circle M Contractors that year following accidents in San Diego and Irvine. One worker fell nine feet while setting roof trusses and another worker fell from the second floor while removing guardrails.
Cal/OSHA has conducted over 570 inspections of framing contractors since 2015. This industry has appeared on Cal/OSHA’s High Hazard Industry List each year from 2015 to the present. The list is compiled yearly based on injury rates so that Cal/OSHA may target employers in high hazardous industries with the highest incidence of preventable workplace injuries and illnesses.
Cal/OSHA offers a guide to developing an Injury and Illness Prevention Program and model programs for employers in both high hazard and non-high hazard industries. Cal/OSHA’s Consultation Services Branch provides free and voluntary assistance to employers to improve their safety and health programs. Employers should call (800) 963-9424 for assistance from Cal/OSHA Consultation Services.
A new study, Factors Associated With Persistent Opioid Use Among Injured Workers’ Compensation Claimants, published online in the journal JAMA Network Open. says that many injured workers turn to opioid painkillers for relief, and nearly 30 percent may still be taking them three months after their injury — increasing the odds of addiction.
The number of opioid prescriptions per workers’ compensation claim in the United States has climbed considerably since 2003, according to the NCCI Workers’ Compensation Prescription Drug Study – 2013 Update. However, the researchers also noted that there “is a paucity of data on persistent opioid use and factors associated with persistent opioid use among workers’ compensation claimants.” Thus they decided to conduct this new study.
For the study, the researchers collected data on nearly 9,600 injured workers who filed workers’ compensation claims in Maryland from 2008 to 2016. All patients were initially treated with opioids. The objective of this study was to determine the proportion of injured workers who filled an opioid prescription beyond 90 days from their time of injury and the factors associated with persistent opioid use among injured workers’ compensation claimants in Maryland.
The findings suggest workers’ compensation claimants have a high proportion of persistent opioid use.
2741 claimants (28.6%) with an initial opioid prescription filled at least 1 opioid prescription more than 90 days from the time of injury. Nearly 10% of the injured workers filled an opioid prescription beyond 365 days from their date of injury. Persistent opioid use was significantly associated with increased age, preinjury incomes of $60 000 or more, claims adjudicated as permanent total disability, and a concomitant diagnosis of chronic joint pain or another pain diagnosis such as migraines or fibromyalgia. Claimants with crush injuries and strain or sprain injuries were 50% more likely than those with soft-tissue or contusion injuries to have persistent opioid use.
Researchers concluded that “the proportion of injured workers with persistent opioid use substantially exceeds recent reports on surgical patients at 90 days (28.6% vs 6.0%) and the national rate at 1-year from initial therapy reported by the Centers for Disease Control and Prevention.”
“Many of our findings were consistent with previous research. Patients with a chronic joint pain diagnosis were more likely to be persistent opioid users.” The researchers also conceded that ” It is possible that some participants sought a chronic pain diagnosis to justify a continued disability claim.”
“The strong association between persistent opioid use and chronic pain diagnoses are concerning and may highlight a critical gap between national evidence-based guidelines and actual prescribing practices.“
US News adds to the study by reporting that the main concern shared by doctors is the use of opioids for non-acute pain, said senior researcher Dr. Gerard Slobogean, an assistant professor of orthopedics at the University of Maryland School of Medicine. “Physical therapy, other complementary and alternative therapies, as well as non-opioid medical therapies, should be considered for many injured workers,” he said.
Employers who implement an MPN, must provide access to care consistent with statutory and regulatory guidelines, including in a rural community. Hospitals are often thought of as the hubs of our health care system. But, according a report in the New York Times, hospital closings are rising, particularly in some communities.
Since 2010, nearly 90 rural hospitals have shut their doors. By one estimate, hundreds of other rural hospitals are at risk of doing so. In its June report to Congress, the Medicare Payment Advisory Commission found that of the 67 rural hospitals that closed since 2013, about one-third were more than 20 miles from the next closest hospital.
A study published last year in Health Affairs by researchers from the University of Minnesota found that over half of rural counties now lack obstetric services. Another study, published in Health Services Research, showed that such closures increase the distance pregnant women must travel for delivery.
And another published earlier this year in JAMA found that higher-risk, preterm births are more likely in counties without obstetric units. (Some hospitals close obstetric units without closing the entire hospital.)
“Options are dwindling for many rural families, and remote communities are hardest hit,” said Katy Kozhimannil, an associate professor and health researcher at the University of Minnesota. Ms. Kozhimannil, a co-author of all three studies, said, “What’s left are maternity care deserts in some of the most vulnerable communities, putting pregnant women and their babies at risk.”
In July, after The New York Times wrote about the struggles of rural hospitals, some doctors responded by noting that rising malpractice premiums had made it, as one put it, “economically infeasible nowadays to practice obstetrics in rural areas.”
Many other types of specialists tend to cluster around hospitals. When a hospital leaves a community, so can many of those specialists. Care for mental health and substance use are among those most likely to be in short supply after rural hospital closures.
The closure of trauma centers has also accelerated since 2001, and disproportionately in rural areas, according to a study in Health Affairs. The resulting increased travel time for trauma cases heightens the risk of adverse outcomes, including death.
Another study found that greater travel time to hospitals is associated with higher mortality rates for coronary artery bypass graft patients.
In many communities, hospitals are among the largest employers. They also draw other businesses to an area, including those within health care and others that support it (like laundry and food services, or construction).
A study in Health Services Research found that when a community loses its only hospital, per capita income falls by about 4 percent, and the unemployment increases by 1.6 percentage points.
Not all closures are problematic. Some are in areas with sufficient hospital capacity. Moreover, in many cases hospitals that close offer relatively poorer quality care than nearby ones that remain open. This forces patients into higher-quality facilities and may offset negative effects associated with the additional distance they must travel.
Perhaps for these reasons, one study published in Health Affairs found no effect of hospital closures on mortality for Medicare patients. Because it focused on older patients, the study may have missed adverse effects on those younger than 65. Nevertheless, the study found that hospital closings were associated with reduced readmission rates, which is regarded as a sign of increased quality. So it seems consolidating services at larger hospitals can sometimes help, not harm, patients.
United States Attorney William M. McSwain announced today that pharmaceutical companies Abbott Laboratories and AbbVie Inc. will pay $25 million to resolve allegations that it employed kickbacks and unlawful methods of marketing and promotion to induce physicians to prescribe the drug TriCor®.
The settlement resolves allegations that, between 2006 and 2008, Abbott knowingly paid kickbacks to physicians in order to induce TriCor® prescriptions. Abbott, through its sales representatives, allegedly provided physicians with improper gift baskets, gift cards, and other items to induce prescriptions of TriCor®. Abbott also engaged health care providers for consulting services and speaking engagements, where one purpose of the remuneration for the programs was to induce or reward physicians for TriCor® prescriptions.
In addition to the kickback allegations, the settlement also resolves allegations that Abbott engaged in unlawful methods of off-label marketing and promotion relating to the sale of TriCor® for unapproved indications. The FDA-approved indications for TriCor® during this time period were for use, in conjunction with diet, to treat patients with hypertriglyceridemia, mixed dyslipidemia, or hypertriglyceridemia. However, Abbott marketed the drug off-label for: (1) use in treating, preventing, or reducing cardiovascular events and other cardiac health risk; (2) use in combination with statin drugs, and (3) use as a first-line treatment of diabetic patients, including treatment to prevent or reduce cardiac health risks in diabetic patients. These uses were not FDA-approved and were not covered by federal healthcare programs.
As a result of today’s $25 million settlement, the federal government will receive $23.2 million, and state Medicaid programs will receive $1.8 million.
This settlement resolves allegations in a lawsuit filed in the Eastern District of Pennsylvania by Amy Bergman, a former Abbott sales representative, under the qui tam, or whistleblower, provisions of the False Claims Act. The qui tam provisions permit private parties to sue for false claims on behalf of the government and to receive a share of any recovery. Ms. Bergman will receive $6.5 million as her share of the recovery in the case.
This case was a cooperative effort among the U.S. Attorney’s Office for the Eastern District of Pennsylvania, the Civil Division of the Department of Justice, the Office of the Inspector General of the Department of Health and Human Services, and the National Association of Medicaid Fraud Control Units. For the United States Attorney’s Office, Assistant United States Attorney Charlene Keller Fullmer and Auditor Dawn Wiggins handled the investigation and settlement.
The lawsuit is captioned United States ex rel. Amy Bergman, et al. v. Abbott Laboratories, Civil Action No. 2:09-cv-04264999 (E.D. Pa.). The claims resolved by the settlement are allegations only; there has been no determination of liability.
Medical costs per claim and the components in 18 state workers’ compensation systems are analyzed in depth in a new series of studies, CompScope Medical Benchmarks, 19th Edition, released by the Workers Compensation Research Institute (WCRI).
“The studies are designed to help policymakers and others benchmark state system performance. The benchmarks also provide an excellent baseline for identifying important trends and for tracking changes over time in response to workers’ compensation reforms,” said Ramona Tanabe, WCRI’s executive vice president and counsel.
The 18 study states are Arkansas, California, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, New Jersey, North Carolina, Pennsylvania, Tennessee, Texas, Virginia, and Wisconsin. There are individual reports for every state except Arkansas and Iowa.
The following are sample findings for some of the study states:
California: The study shows a decrease in medical payments per claim, evaluated as of March 2017, as a result of the continuing impact of Senate Bill 863.
Massachusetts: Medical payments per claim were the lowest of the 18 study states; many costs have been decreasing going back several years.
North Carolina: Decreases in medical payments per claim were the steepest of all study states (6 percent per year since 2013), likely reflecting the impact of recent fee schedule changes.
Pennsylvania: Faster-than-typical growth in medical payments per claim was driven by faster growth in hospital outpatient payments per claim.
Texas: Medical payments per claim decreased from 2014 to 2016, following several years of increasing medical costs.
Wisconsin: In contrast to moderate to rapid growth in prior years, Wisconsin experienced little growth in medical payments per claim since 2014.
The Workers Compensation Research Institute (WCRI) is an independent, not-for-profit research organization based in Cambridge, MA. Organized in late 1983, the Institute does not take positions on the issues it researches. It provides information obtained through studies and data collection efforts, which conform to recognized scientific methods. Objectivity is further ensured through rigorous, unbiased peer review procedures.
WCRI’s diverse membership includes employers; insurers; governmental entities; managed care companies; health care providers; insurance regulators; state labor organizations; and state administrative agencies in the U.S., Canada, Australia, and New Zealand.
John Castro is the host for this edition which reports on the following news stories: PD Apportionment Has Two-Prong Burden, Uninsured Subcontractor Must Repay Contract Payments, First Comp Providers Finally Join Opioid Lawsuits, San Jose PQME Indicted for Fraud and Illegal Prescribing, LETF Targets Unsafe Car Washes, WCIRB Data Shows So. Cal. Has CT Epidemic, California Comp Costs Moves One Step From Worst, DWC Proposes Revisions to WCIS Implementation Guide, Apple Develops Knee and Hip Replacement Monitoring App, DEA Approves Importing Cannabis for Medical Research.