(06-21-2017, 07:17 PM)Shadow Wrote: Hi Folks
California Claim
I signed a pain management contract some time back and agreed to drug testing .. People sign these every day.
The PM facility is completely unwilling or unable to uphold the terms and condition of this contract ...Ok no problem.
I explained that given the circumstances ( a bit complicated ) that I am revoking the agreement effective immediately.
I was told that regardless I am required to drug test per the office policy .. I stated I believe that was a violation of my Civil rights. I am treating under an FMC and not legally required to consent.
Any thoughts? .I guess now in order to access MPN care we must forgo our Civil Rights ?
Never read any laws in California that drug testing a patient is against their civil rights when they are being prescribed pain medications. Do you have a link?
Some comments, just from me (obviously not an expert):
1.Many pain management doctors drug test if it is a work comp patient or a private insurance etc. This is not a work comp thing, this is common practice for physicians who are prescribing opioids and other pain medications. It is to protect the patient and the doctor (IMO).
2. There are medical treatment guidelines in workers compensation and there are some that are used to deny patients medication based upon not signing a pain management contract and not having a drug test within a certain amount of time. Refusing pain medication contract may give UR the ammo to deny your medications. I have read UR denials based upon "doctor has not shown patient has signed pain contract"or "there is no evidence of recent urine screen". Yep they/UR can screw with your medications over this, just FYI. Maybe it will not happen to you but it has happened to others.
3.You as a patient can be a liability to the doctor if they are prescribing you medications and they stop drug testing you and something ends up happening to you. It will be the doctors arse if that happens. If you have read national news lately there is a LOT of fuss over the opioid epidemic in the US, and one thing I do not see right now is a physician lowering their standards on this. Trump is all over it too and I can see a lot of physicians being pressured into cutting down and cutting off medications prescribed. This is good for those patients who are abusing it. It is bad for the patients who take their medications responsibly and who really need such pain control. There are new treatment guidelines coming for CA work comp.
4. If you choose not to abide by your physicians pain contract, he may have the right to refuse treatment (not sure) or request you treat with someone else. You can ask an I&A officer about this.
I am also aware drug testing in the workers compensation system can be overly done and a billing scam.
Does your doctor test you on EVERY office visit? I do not understand how your physicians office is not abiding by the contract? It is difficult to give a response without knowing all the details.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.