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U.S. Doctors, Pharmacies, and Referral Services >> Open discussion (USA)

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summit
Journeyman


Reged: 07/16/04
Posts: 75
Loc: twin peaks
Double Dipping * Penalty
      #176575 - 07/28/04 03:43 PM

OK, I am new to all these OP's....I used BuyMeds for a while, never more often that 30 days.
I keep hearing about the fear of "double dipping"....I understand, I think, what that means, but the timing of refills is a little nebulous.
Also, who's watching?.....is it a crime to order from more than one OP?
How about the same OP, but multiple orders within a 30 day period?
Where is the Federal statute that addresses this? I would like to see exactly what the FDA and DEA says.

Thanks


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Therion
Enthusiast


Reged: 06/14/04
Posts: 221
Re: Double Dipping * Penalty [Re: summit]
      #176586 - 07/28/04 05:27 PM

A good rule of thumb in the United States is: if it keeps you sufficiently pain free, it's against the law.

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537
Threadhead


Reged: 12/08/01
Posts: 811
Loc: west coast CA
Re: Double Dipping * Penalty [Re: Therion]
      #176595 - 07/28/04 06:29 PM

LMAO!!! So true!

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Karrie515
Journeyman


Reged: 08/14/03
Posts: 50
Loc: Pittsburgh, PA
Re: Double Dipping * Penalty [Re: Therion]
      #176672 - 07/29/04 05:58 AM

LOL....Very sad but yet so true.

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summit
Journeyman


Reged: 07/16/04
Posts: 75
Loc: twin peaks
Re: Double Dipping * Penalty [Re: Karrie515]
      #176696 - 07/29/04 08:16 AM

So, nobody really knows?
I just want to follow all the federal rules, and I have to rely on tele-medicine for my chronic pain.

anyone?


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debbie4884
Member


Reged: 03/12/04
Posts: 135
Loc: Michigan
Re: Double Dipping * Penalty [Re: summit]
      #176701 - 07/29/04 08:28 AM

Double Dipping is ordering the same medication(or similiar medication) from different doctors (OPs)in a 30 day period.

Lots of dancing fruit today! (it makes me smile)

--------------------
Debbie


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DonBarba
Board Addict


Reged: 04/02/04
Posts: 349
Re: Double Dipping * Penalty [Re: summit]
      #176702 - 07/29/04 08:32 AM

It is illegal to "Doctor Shop", ie see more than one doctor for the same med. Using 2 OPs would qualify.
I have tried to find actual laws on this and can't.
The DEA website has some relevant info.
The following is from their site.

Quote:

The DEA is also working with states on Prescription Monitoring Programs (PMP) to prevent diversion at the state level. PMPs capture information regarding prescriptions electronically at the “point of sale,” usually the pharmacy. The information is transmitted to a state agency to identify doctor shoppers and/or other evidence of diversion. Sixteen states have active PMPs and another five states have partial or pending programs. The General Accounting Office concluded in a 2002 study that PMPs “… have aided investigators and helped to reduce doctor shopping …” For the past two years, Congress has appropriated funds for states to initiate and expand PMPs. Florida has applied for an enhancement grant of $350,000 to augment an initial grant beginning in January 2005. Use of these funds is contingent upon the passage of legislation during Florida’s current legislative session.




Quote:

DEA is also examining ways to deal with the recent rapid proliferation of “rogue” Internet pharmacies. During 2004, DEA intends to improve our capacity to identify illicit operations and better restrict internet sales of controlled substances through the use of a new and advanced system that will search the online public domain for illicit drug activity. We anticipate receiving $2.1 million and more than 60 diversion and support positions dedicated to the Internet diversion problem under DEA’s Fiscal Year 2004 budget. We also plan to work with the Food and Drug Administration (FDA) and other agencies to better educate the public and work with those companies that facilitate the illegal sale of controlled substances including commercial freight carriers, credit card companies and Internet search engines.




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Snowpatrol
Member


Reged: 06/01/04
Posts: 114
Loc: NW
Re: Double Dipping * Penalty [Re: summit]
      #176706 - 07/29/04 08:43 AM

Go the home page of db.com and read the linked articles and federal regulations. The biggest penalty is if you are fraudulently acquiring controlled substances by lying to the doctors to get narcotics for the same problem. The law and penalties range from state to state.

On the flip side, it's hard to get caught. There is no national or statewide system for checking prescriptions to one person. (BTW, John Kerry is endorsing such a plan, which has been referenced in some earlier strings on the subject.) While I do not recommend or endorse it, if you are using two different OPs, who use different shippers, who may be in different states, how would anyone - except maybe the credit card company if you so choose - know?

The only stories I've heard about where people get caught is where (1) LE is tipped off by a pharmacy, postal inspectors, informants, etc., (2) a person commits a crime by forging prescriptions or stealing, or (3) death or some other tragedy occurs and is traced back to the source. In those cases, it's usually the doctor/pharmacy that gets in trouble. There was also a string recently about an individual who was arrested for DUI and hydro was found without the prescription bottle and she was charged with a misdemeanor (albeit she could probably plea that down or show that she had a legitimate script). Look at Rush, he has not been charged for buying thousands of Oxy tabs from a dealer, let alone the doctor shopping allegations.

In general, I think it's fair to say that the feds are primarily looking to shutdown the doctors and pharmacies first, and focus attention on individuals who appear to be dealing.

I've yet to hear of any stories where LE goes after an individual who is using for personal consumption and has a legit script, or scripts, from a doctor.

I had surgery in June and my surgeon, and my regular doc, had me on percocet and vicodin at different times, for the same problem, well within a two week period. No worries.

Bottom line, I don't believe that patients who use records OPs have really been challenged in court. Usually it is the physician who gets his/her license revoked and could potentially get charged with dealing. I've not heard of them going after the patients, but I believe the DEA's position is that the patient bears some responsibility as well. The political implications of going after chronic patients is huge.


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