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Home Politics & Law

Symphony of Healthcare Injustice

Shadow dancing to the music

Neil Anand & Barbara Marino by Neil Anand & Barbara Marino
May 20, 2024
in Politics & Law
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Symphony of Healthcare Injustice

Rob Simmons

In the heart of the United States, a silent symphony of injustice plays out, conducted by the hands of a system gone awry. Amidst the cacophony of legalities and regulations, a chilling truth emerges: the very healers tasked with alleviating pain are themselves ensnared in a web of persecution.

Picture, if you will, a seasoned physician, her white coat a symbol of dedication and compassion, standing at the crossroads of healing and despair. With over half a century of life’s lessons etched into her weary bones, she finds herself cast adrift in a sea of legal complexities, her once-cherished oath to “do no harm” overshadowed by the specter of incarceration.

Her tale begins in the hallowed halls of an Urgent Care clinic, where the cries of the suffering echo off sterile walls, seeking solace in her capable hands. Trained in the art of pain management at the renowned MD Anderson Cancer Center, she is no stranger to the agony that grips the human soul. Yet, as she extends her hand in compassion, she is met with a wall of resistance, erected by the very system she once trusted.

Forced to navigate a labyrinth of regulations and restrictions, she finds herself at odds with the owner of the clinic, a puppeteer pulling strings from behind closed doors. Denied the right to prescribe medications that could offer respite to those in need, she watches helplessly as her patients slip through the cracks, their cries for mercy falling on deaf ears.

Undeterred by the barriers before her, she seeks refuge in Angel’s Medical Clinic, a bastion of hope amidst the storm. Here, she finds kindred spirits in her peers, fellow  healers bound by a shared commitment to healing. Yet, even in this sanctuary, the shadows of injustice lurk, waiting to ensnare the unsuspecting.

United in their quest for truth, she and her fellow physicians uncover a chilling pattern of persecution, a tapestry of injustice woven with threads of fear and deception. From coast to coast, solo or small group practitioners find themselves targeted by the very institutions sworn to protect them, their only crime: daring to challenge the status quo.

As they delve deeper into the belly of the beast, they unearth a disturbing truth: collusion between the Department of Justice and Drug Enforcement Administration, orchestrated with one goal in mind — to dismantle thriving practices under the guise of justice. From insurance companies to courtroom dramas, the stage is set for a tragedy of epic proportions.

In the wake of a landmark Supreme Court ruling in 2022, which promised a glimmer of hope on the horizon, the battle rages on. Entrapment tactics persist, ensnaring  physicians in a web of deceit, their once-sterling reputations tarnished by false accusations and whispered innuendos.

The United States Corporation currently has the highest rate of incarceration in THE WORLD.  Higher than all communist nations including China, Cuba, and North Korea.  Over 2,000,000 people are currently prisoners in the United States as of 2021, which equates to over 25% of the world’s prison population and gives this national corporation an incarceration rate of 629 people per 100,000 of population- the highest rate in the world and a 10-fold increase since the early 1970’s. Currently, federal prisons hold over three times more people than state or county prisons due to this ten-fold growth in the past 5+ decades.  According to World Population Review, mass incarceration in the United States is a well-defined civil rights issue designed to dehumanize low-income and marginalized communities as well as minorities and fails to improve community safety. Over 72 % of federal prisoners were convicted on nonviolent drug charges and had no history of violence, 34% were convicted as first-time offenders, and 87% did not involve any weapons.  Perhaps the most disturbing statistic is that black and brown Americans are incarcerated nearly 7 times more frequently than their white neighbors. Equally disturbing is that the US Department of Justice boasts a 99% conviction rate: 98% plead guilty, 2% go to trial of which less than 1% are found “not guilty” by either judge or jury. These statistics reflect the tyranny of the US Department of Justice and Drug Enforcement Administration (USDOJ/DEA) and prove that trials in federal court are devoid of both truth and justice.

I am in that meager 1%. I was wrongfully indicted in 2019 and was not given a trial until April 2024, nearly 5 years after the arrest. Since the arrest, I have been stripped of my ability to support my family in any way with “conditions of bond” including no work in healthcare, monthly reporting to “an officer of the court” and a public record of being under such conditions. The belief that you are presumed innocent until proven guilty is, unfortunately, a myth. The indictment included turning myself in at the federal courthouse to the US Marshall, being booked with mug shot, fingerprints, DNA swab, shackled and handcuffed with a chain around my waist, surrendering my passport and then appearing before a judge, still in shackles and handcuffs, all before I said a word.  During discovery, I was enlightened as to the criminality of the clinic ownership, my staff, and nearly 100 of the patients I had treated during my 11 months of employment at Angel’s clinic, none of which was apparent to me during my employment. While the USDOJ arrested me, the clinic owners (Jarret and Shane Cameron), one of my medical assistants, Vanessa Guzman, and the vast majority of both “crew leaders” and “drug runners” remain free with no record of arrest.  This is likely so the DEA/USDOJ can entrap another unsuspecting physician or midlevel provider with these same criminals as the supply of physicians is seemingly endless.

During these past 5 years, a small group of similarly charged physicians began our research into the criminalization of the practice of medicine. We currently have analyzed a list of over 3000 health care practitioners who have been persecuted by the USDOJ/DEA and found that nearly 2/3 were physicians with the other 1/3 consisting of Pharmacists, midlevel providers, nurses, medical assistants and clinic owners.  Of the nearly 2000 physicians, 85% were over age 50 years when attacked, nearly 18% were brown or black including FMG’s (Foreign Medical Graduates), and over 60% of Caucasian physicians who were indicted, were Jewish.  This is in comparison to 10.8% of 950,000 practicing physicians practicing designating themselves as brown or black and 15% designating as Jewish. Currently the USDOJ/DEA is targeting solo or small group practitioners, over age 50 who are brown, black, FMG, or Jewish, with successful practices.  The US insurance companies, including Medicare, have joined forces with the USDOJ/DEA to identify the top billing practices in their network, verify the practitioner’s assets, then fabricate a crime to confiscate (steal) those assets.  So currently, in the US, if you are a solo or small group physician or midlevel practitioner approaching the age of 50 and have a successful practice, it is no longer IF you will be indicted, it is WHEN, particularly if you are brown, black, or Jewish.

June 2022 brought about a landmark unanimous Supreme Court of the US  (SCOTUS) case with the US v Ruan, which should have eliminated the wrongful  persecution of physicians, yet hasn’t. Justice Breyer wrote in his opinion “The government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner” yet the government persists in sending in wired “cooperating source” patients to try to dupe physicians into writing controlled substances for them, with these “patients” always having a multiple year history of the prescriptions they are requesting on their PDMP (electronic Prescription Drug Monitoring Program) and report improvement of function on their return visits. This is a far cry from these wired “patients” coming in and asking for pills to sell or simply to get high, which would confirm the criminal intent of the prescriber and distinguish them from those who refuse and are intentionally practicing legitimate medicine. The government’s approach is quite simply, entrapment using manipulation and deception, just like the manipulation and deception Bernie Madoff used to make his millions, except the goal of the USDOJ/DEA is to arrest those who are manipulated and duped, in other words, the victims but not arrest the masterminds behind the schemes. This attack on physicians is hurting us all.

It is estimated that nearly 60 million people (about twice the population of Texas) in the United States of America live with chronic painful conditions and are now the medical pariahs of our nation, unable to acquire the very medicines that allow them to function, while the number of deaths due to drug poisonings related to illicit drugs remains well over 100,000 per year with the most rapid increase beginning in 2016 and reaching over  100,000 as of 2020. Clearly, the aggressive attack on physicians is not impacting the opioid related death rates as much as the inability of the DEA/USDOJ to eliminate illicit drug flow across our borders is. This is leading to an unprecedented increase in the number of suicides in this population. The VA hospitals are the most egregious with the director of Pain Management in Houston Texas, admitting he no longer prescribes opiates and has never prescribed carisoprodol (Soma) for our veterans.  The only solution these 60 million living men and women have, other than suicide or resorting to the increasingly lethal and abundant illicit drugs which carry the risk of a fatal drug poisoning, is to garner the support of the very physicians who are refusing to treat them. The medical community has a duty  to refuse to practice at “opiate free” hospitals and institutions and to refuse all insurance who deny opiate pain medication and effective muscle relaxants, including Medicare and Medicaid. Pharmacists have a duty to their patients, to collectively refuse to enter the PDMP data, thus ending the tyrannical surveillance state of the USDOJ.  The tyrannical efforts of the USDOJ/DEA on the practice of medicine is stripping the individual states of their ability to regulate medical practices, stripping practitioners of their ability to practice with compassion, and stripping patients of their human right to live without suffering from uncontrolled pain.

Yet, amidst the chaos, increasing government tyranny, and despair, a flicker of hope remains. For within the hearts of 60 million Americans living with chronic pain lies a resilience that defies comprehension. It is a resilience born not of strength but of necessity, a testament to the human spirit’s indomitable will to survive.

As the walls of injustice close in around them, the medical community stands at a crossroads. Will they succumb to the tyranny of silence, or will they rise up in defiance, reclaiming their voice and their dignity? The answer lies not in the halls of power but in the hearts of those who dare to dream of a better tomorrow.

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Neil Anand & Barbara Marino

Neil Anand & Barbara Marino

Drs. Neil Anand and Barbara Marino have been targeted unjustly by the DEA and DOJ and now write about their experiences.

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Videos

Summary

In this episode of the Daily Remedy Podcast, Dr. Joshi discusses the rapidly changing landscape of healthcare laws and trends, emphasizing the importance of understanding the distinction between statutory and case law. The conversation highlights the role of case law in shaping healthcare practices and encourages physicians to engage in legal advocacy by writing legal briefs to influence case law outcomes. The episode underscores the need for physicians to actively participate in the legal processes that govern their practice.

Takeaways

Healthcare trends are rapidly changing and confusing.
Understanding statutory and case law is crucial for physicians.
Case law can overturn existing statutory laws.
Physicians can influence healthcare law through legal briefs.
Writing legal briefs doesn't require extensive legal knowledge.
Narrative formats can be effective in legal briefs.
Physicians should express their perspectives in legal matters.
Engagement in legal advocacy is essential for physicians.
The interpretation of case law affects medical practice.
Physicians need to be part of the legal conversation.
Physicians: Write thy amicus briefs!
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