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Showing posts with label drugs. Show all posts
Showing posts with label drugs. Show all posts

Monday, December 14, 2015

California Expands Substance Abuse Treatment For Low-Income Residents

After years fighting a heroin addiction, Danny Montgomery, 33, is receiving inpatient treatment that is being paid for by Los Angeles County.
After years fighting a heroin addiction, Danny Montgomery, 33, is receiving inpatient treatment that is being paid for by Los Angeles County.


California is overhauling its substance abuse treatment system for low-income people, embarking on a massive experiment to create a smoother path for addicts from detox through recovery.
The state is the first to receive federal permission to revamp drug and alcohol treatment for beneficiaries of Medicaid, known as Medi-Cal in California. Through what's known as a drug waiver, state officials will have new spending flexibility as they try to help people get sober and reduce social and financial costs of people with substance abuse disorders.
Under the waiver, the state plans to expand treatment services, including inpatient care, case management, recovery services and added medication. Beginning next year, drug treatment centers will be able to get reimbursed for providing this much wider range of options to people on Medi-Cal.
Only a small fraction of low-income Californians with substance abuse disorders receive treatment, largely because of restrictions on what Medicaid will pay for.
"This was a long time coming," said Keith Lewis, executive director of Horizon Services, which provides treatment in San Mateo, Santa Clara and Alameda counties. "It's a win/win for people with substance use issues and their families ... and for the people providing those services."
The changes, which will be phased in starting next year, stem in part from the Affordable Care Act, which required that substance abuse treatment be covered for people newly insured through Medicaid or insurance exchanges. The health law allowed states to expand Medicaid to cover millions more people.
Drug rehabilitation providers say the changes will give addicts a better chance at getting — and staying — clean. But they fear the state won't raise the traditionally low Medi-Cal reimbursement rates for treatment, making it harder to provide services and produce the outcomes California is hoping for.
Lewis, of Horizon Services, said that under the waiver he expects drug treatment services to be higher quality and the workforce better trained. But he said that "Medi-Cal rates, which have always been too low, have to go up."
California's Medi-Cal drug treatment program currently costs about $180 million annually, paid through a combination of state and federal funds. There aren't any estimates for costs under the new approach. But the idea is that the changes will help health care expenses overall by enabling more people to get sober and healthier so they stop rotating through treatment centers, jails and hospitals.
Nearly 14 percent of Medicaid recipients are believed to have a substance abuse disorder, according to the National Survey on Drug Use and Health.
The five-year pilot project in California was approved by the federal Centers for Medicare & Medicaid Services in August. Under the waiver, counties will approve treatment for Medi-Cal patients based on medical necessity and criteria established by the American Society of Addiction Medicine.
The Tarzana Treatment Centers in Los Angeles County provide outpatient and inpatient care for substance use disorders.i
The Tarzana Treatment Centers in Los Angeles County provide outpatient and inpatient care for substance use disorders.
Anna Gorman/KHN
Current federal rules limit drug treatment centers' ability to get reimbursed under Medicaid for residential care. Clinics with more than 16 beds essentially cannot get paid, except for treating pregnant and postpartum women. That restriction will be dropped for California under the waiver.
As a result, Medi-Cal beneficiaries will be able to access up to two 90-day residential stays each year, with the possibility of one 30-day extension if providers determine that it is medically necessary. Certain populations, including those in the criminal justice system, can get approval for longer stays.
The waiver is also designed to provide better coordination between physical, mental health and substance abuse services," according to John Connolly, deputy director of substance abuse prevention and control for the Los Angeles County Department of Public Health. That along with more access could result in fewer emergency room visits and hospitalizations, he said.
That's potentially good news for people like Caitlin Knoles, a resident of Orange County who says she gets turned down for treatment of her methamphetamine addiction every time she tells residential centers she's on Medi-Cal. She has ended up in the hospital more than once because of her addiction.
"It's hard," Knoles said. "I can't get help."
The only way she can reliably get clean now is in jail, she says.
"It'd be nice to have a job and have my family back and just be normal," said Knoles, 24, as she sat outside a liquor store in Laguna Hills.
For the first time, substance abuse disorders will be treated like a disease rather than a short-term illness, said Marlies Perez, chief of the substance use disorder compliance division for the state Department of Health Care Services. "Even though we know it's a chronic condition, we have treated it acutely," she said.
Much depends, however, on reimbursement rates, which are still being negotiated. Clinic officials say they need higher rates to expand services and handle the anticipated influx of clients, many of whom will be seeking rehab for the first time.
"There is a cost to raising the bar on treatment," said Albert Senella, president of the California Association of Alcohol and Drug Program Executives. "If the rates aren't adequate ... we are not going to be able to effectively meet the [new requirements] and the needs of the population."
Senella, who is also CEO of Tarzana Treatment Centers in Tarzana, Calif., said many clinics across the state don't have money to prepare for the overhaul, which will require improving technology and adding and training staff. For now, no plans are in place to provide counties or clinics with startup funds.
Eli Veitzer, interim CEO of Prototypes, which provides treatment services in Los Angeles, Orange and Ventura counties, said the waiver provides an "incredible opportunity" to transform care.
But in addition to fears about rates, Veitzer said he is also worried that 90 days of residential treatment won't be enough for many people. Someone may be able to stem their addiction in three months but will still need more time in a treatment facility to prepare for life outside.
"If their ability to function independently in the community is not addressed, they are likely to relapse," he said.
Danny Montgomery, a 33-year-old patient at Tarzana Treatment Centers, said he needed more than a few months to get clean after nearly a decade on heroin. The addiction, which he estimated cost him up to $100 a day, caused him to lose his job and nearly lose his family.
"The whole thing is a process," said Montgomery, who lives in the San Fernando Valley. "You get the substance removed from your body, but you have to retrain your mind." Montgomery said he tried to get a bed in a residential treatment center but couldn't find one that would take Medi-Cal.
He tried to get clean on his own but it never lasted. Months after beginning his search, Montgomery was finally able to get a spot at Tarzana. He said Los Angeles County is paying for his stay, which began in May.
As worried as they are about reimbursements, clinic operators said a big advantage of the new approach is that it could help stabilize their funding. Providers now depend largely on counties to pay for residential treatment for low-income residents.
"You always suffered the vagaries of the budget cycle," said Vitka Eisen, CEO of HealthRIGHT 360, which provides drug treatment in the Bay Area.
The waiver also means increased oversight of treatment centers.
Last year, a state audit found widespread fraud and questionable billing among Medi-Cal drug treatment providers. The audit followed reports by the Center for Investigative Reporting that clinics were billing for fake clients.
The new system will include more levels of accountability, Perez says, including more stringent requirements for clinics and more local control over contracting.
Knoles, who is addicted to methamphetamine, said she hopes that more people like her will be able to get treatment.
"I've had a lot of friends die from addiction," she said. "Imagine if they'd gotten the help they wanted and needed. Things would have been different."
Anna Gorman is a reporter with Kaiser Health News, a nonprofit news organization covering health care policy and politics. 
Via: http://www.npr.org/sections/health-shots/2015/12/11/459226074/california-expands-substance-abuse-treatment-for-low-income-residents

Wednesday, July 9, 2014

Suspected Drug Users Used as Classroom Subjects

The California Highway Patrol has been stopping people suspected of using drugs and giving them a choice: either to face arrest or to be used as educational tools in the Drug Recognition Evaluator Program. The DRE Program is designed to help officers learn how to identify what drugs a suspect may be using. Their website includes a photo gallery of visual clues of drug abuse, with its models uncredited.
[image by Nick Fisher, https://www.flickr.com/people/cobrasick/]
Much of our legal system bends toward free or near-free labor: even Whole Foods is dependent on prisoners for its cheeses. In California, prisoners get paid 30 cents - 95 cents per hour, before up to fifty percent is deducted for court-ordered restitutions and fines. Since in the city of Fresno, police can stop anyone pushing a shopping cart, this program's use of private citizens as classroom aids seems particularly targeted, like much of the justice system, at the addicted and indigent.
Though drug abuse is more common among white people than those who are black, in California (as in many places) the arrest statistics would suggest the opposite. It’s safe to say that law enforcement is biased toward race-based arrests. That is part of what is so worrying about this program – disproportionate numbers of black and brown people are being picked up off the streets and put in front of officers for examination, with no compensation for their time or labor.
Of course, it would cost money to pay people to appear before a classroom of law enforcement officers, and California famously doesn't have much of that. That doesn't even factor in the cost of prosecuting subjects after forcing them to participate -- for according to Fresno's DRE instructor, Sergeant Gilbert Perisol, those chosen to participate in the program actually still risk arrest: "We don't do a lot of bartering… If I see signs and symptoms of drug influence, you can be arrested."
There may be a solution, though - something that would save the state money, and eliminate any reason for sweeping people off the streets without cause: halt the arrests and prosecution of nonviolent drug offenders.
If we are truly concerned about drug addiction, we can offer rehabilitation. Treatment would respect the fundamental humanity of addicts, and save our state both money andprison space. Of course, people in rehab are not traditionally compelled to work for sub-minimum wage, but evaluation of fair pay is a necessary step forward for California as well.
Harry Waksberg is a Los Angeles-based writer and lazeabout. He and his dog are prison abolitionists.
Guest Author: 
Harry Waksberg

via: Ella Baker Center
http://ellabakercenter.org/blog/2014/07/suspected-drug-users-used-as-classroom-subjects

Monday, January 13, 2014

California governor proposes drug rehab program changes after CNN investigation

(CNN) -- California Gov. Jerry Brown has proposed millions of dollars in additional funding to crack down on abuses in the state's drug rehab program as a result of an investigation by CNN and The Center for Investigative Reporting.

The governor's budget summary specifies additional government oversight needed to run the Drug Medi-Cal program.

"The budget proposes 21 positions and $2.2 million ... to continue the state's intensive focus on program integrity and expansion of drug treatment services by recertifying all providers in the state," says the budget summary, which was released Thursday.

The yearlong investigation by CNN and The Center for Investigative Reporting -- which culminated in reports in July on CNN.com and onCNN's "AC360º" television program -- revealed widespread fraud in the drug rehab program, which is part of the largest Medicaid system in the United States. The investigation revealed that convicted felons were operating clinics in violation of the law, clinics charged taxpayers for "ghost" patients and teens had been taken from their group homes for drug rehab even though they had no drug problems.

Regulators who could have stopped the fraud allowed it to continue, despite warnings that the system was being abused, the series found.

The investigation prompted a swift and strong reaction from the state. A total of 177 clinic sites have been suspended and 69 referred to the state's Department of Justice for potential criminal prosecution. The head of the program publicly apologized for the fraud before a legislative oversight hearing in September.

"Due to concerns about program integrity in the Drug Medi-Cal program, DHCS (the California Department of Health Care Services) took steps in July 2013 to eliminate fraud and abuse in the program. ... DHCS has conducted a review of internal operations to improve oversight and monitoring of drug treatment programs, and has improved coordination with counties to ensure appropriate monitoring and recertification of all drug treatment providers," according to the budget summary.

State Sen. Ted Lieu, D-Torrance, chairman of the Senate Business, Professions and Professional Development Committee, said, "I am pleased the governor is proposing additional positions and funding to fight fraud in the Drug Medi-Cal program. We will analyze his proposal during the budget process to see if it is sufficient, but it is a good start."

DHCS spokesman Norman Williams said the money will allow the department to add a wide variety of new positions to scrutinize individual clinics and the department's own procedures.
Some staffers will comb through applications from rehab clinics to be recertified by the state -- a new requirement prompted by the series. Others will analyze data to make sure clinic billing matches the services provided, examine the department's policies and make recommendations for improvement.

"These are positions that will make the (Drug Medi-Cal) program stronger," Williams said. 

"This amount gives us the support necessary to continue our efforts ... in a way that we will ultimately be able to improve the integrity of the program."

Of the $2.2 million, half will come from the state's general fund, and the rest will be matched with federal funds.

All of the clinics featured in the CNN/CIR investigation have either closed on their own or have shut down after being suspended by the state. George Ilouno, one of the clinic operators who continued to stay open despite being out on bail on charges of Medi-Cal fraud and grand theft, pleaded guilty to Drug Medi-Cal fraud in September. He received a one-year suspended jail sentence, three years' probation, paid $90,000 in restitution to the state and must perform 60 days of community service.

Thursday, December 12, 2013

The Disturbing Reason 97% Of Federal Drug Defendants Plead Guilty

Human Rights Watch (HRW) has a disturbing report alleging the U.S. government essentially forces drug defendants to either plead guilty or rot in prison for an insane amount of time.

In the report, called "An Offer You Can't Refuse," HRW looks into the unsettling reasons why a whopping 97% of federal drug defendants plead guilty and never go to trial.

Here's how prosecutors generally get those guilty pleas, according to the report. Prosecutors often charge drug defendants with crimes that carry high mandatory minimum sentences — meaning judges will have to mete out harsh sentences if they're found guilty.

(Attorney General Eric Holder recently ordered prosecutors to stop charging defendants in a way that triggers mandatory minimums, but his directive doesn't apply to all drug defendants. Holder's policy may also go away with a new administration.)

Once prosecutors hit people with these charges, they offer them one surefire way to avoid harsh sentences — a plea agreement. Drug defendants often agree to plead guilty — and often testify against others — in exchange for a significantly reduced sentence.

In some cases, prosecutors actually threaten to file additional charges against a defendant if they refuse to plead guilty. One anonymous former federal prosecutor told HRW that they "penalize a defendant for the audacity of going to trial."

Given that nine out of 10 defendants who go to trial are found guilty, according to HRW, the "choice" is clear. From the report:

There is nothing inherently wrong with resolving cases through guilty pleas—it reduces the many burdens of trial preparation and the trial itself on prosecutors, defendants, judges, and witnesses. But in the US plea bargaining system, many federal prosecutors strong-arm defendants by offering them shorter prison terms if they plead guilty, and threatening them if they go to trial with sentences that, in the words of Judge John Gleeson of the Southern District of New York, can be “so excessively severe, they take your breath away.”

HRW profiled some folks who took their chances with a trial, and the results weren't pretty.

One of those defendants, Darlene Eckles, never touched drugs but let her drug-dealing brother crash at her house for six months and counted his money. She refused a deal for a 10-year prison sentence. Eckles, a nursing assistant with a young son, went to trial and got 20 years. Her brother, who led the conspiracy, pleaded guilty and testified against his sister. He got 11 years and eight months.

It's not unheard of for the leaders of drug rings to take advantage of plea deals and get less time than their underlings — in part because they have information they can trade in exchange for a deal. We've previously written about Mandy Martinson, an Iowa woman with a clean record who got a 15-year prison sentence for allegedly helping her boyfriend become a more "organized" drug dealer. That boyfriend got 12 years in prison.

As former U.S. attorney Scott Lassar said, according to HRW, "It’s a bounty system. [The defendant] gets credit for bringing in other people’s heads. If they don’t need you, you’re out of luck. If ringleader cooperates, he may get a better deal than people of lower culpability."

Monday, October 14, 2013

Jerry Brown vetoes bill to make some drug crimes 'wobblers'

Gov. Jerry Brown vetoed legislation Saturday that that would have given local prosecutors discretion when deciding whether a person charged with possessing a small amount of illegal drugs should be charged with a felony or a misdemeanor.

Under Senate Bill 649, by Sen. Mark Leno, D-San Francisco, possession of cocaine, heroin and other specified drugs would have been downgraded to the status of methamphetamine, Ecstasy or hashish, "wobblers" treated as felonies or misdemeanors depending on the circumstances.

Brown said in his veto message that state officials dealing with prison crowding in California are preparing "to examine in detail California's criminal justice system, including the current sentencing structure."

The Democratic governor said that "will be the appropriate time to evaluate our existing drug laws."

Supporters of the Leno bill had said it would reduce recidivism by eliminating some employment barriers resulting from a felony record. The California District Attorneys Association opposed the measure.

PHOTO CREDIT: A police officers conducts a traffic stop in Lincoln on Wednesday, September 29, 2010. The Sacramento Bee/Randall Benton

Tuesday, August 27, 2013

California Senate approves change to drug law

State law would go easier on people who are busted for carrying illegal drugs for personal use under a bill approved by the California Senate yesterday.


Assembly Bill 721 changes the definition of "transporting" a drug to mean transporting it for sale, eliminating an additional charge for someone who might otherwise only be charged with drug possession.

"If you're in possession of a drug and you're walking down the street, you could be charged with transporting a drug even though your 'transporting' is just walking," said Sen. Rod Wright, D-Inglewood, as he presented the bill on the Senate floor.

Bradford.JPGThe bill by Assemblyman Steven Bradford, D-Gardena, would not make it harder to prosecute drug dealers, Wright said, who would still be charged with transporting illegal drugs for sale.

"It simply says that... walking down the street does not qualify as transporting," Wright said.

"What this bill is intended to fix is that someone who would have been charged with simple possession, because their quantity was small, not end up with transportation for sale because (prosecutors) wanted to add charges."

Republicans argued against the bill, saying it would be too soft on criminals.

"This bill gives you a greater chance to get away with it or have it go easy on you," said Sen. Jim Nielsen, R-Gerber. "It is not a step in the right direction."

Sen. Mark Leno, D-San Francisco, countered that the bill could help chip away at the problem of crowding in California prisons.

"We're talking about a universe of people who will still be charged with one or more felonies. They will likely be going to state prison," Leno said. "The question is, do we want them to take up limited bed space for two or three years, or five or ten or 15 years?"

The state Senate passed the bill on a vote of 24-15. It now heads back to the Assembly for a concurrence vote before heading to Gov. Jerry Brown.

PHOTO: Assemblyman Steven Bradford, D-Gardena, in the Assembly chambers in March 2013. The Sacramento Bee/Hector Amezcua