Crowe Healthcare Webinar Series

Similar documents
AHLA. X. Federal Enforcement of Fraud and Abuse Involving Opioid Abuse and Diversion

UNIVERSITY POLICY. Revised: Contact:

Use of Controlled Substances in Research.

Side Effects of the Prescription Drug Epidemic Health Care Providers and the DEA s Good Cop/Bad Cop Role

LUNCH AND LEARN. January 8, CE Activity Information & Accreditation

Opioids And DEA Compliance

This Chapter Contains:

Challenges for U.S. Attorneys Offices (USAO) in Opioid Cases

What is drug diversion?

ARKANSAS STATE UNIVERSITY GOVERNING PRINCIPLES FOR THE USE OF CONTROLLED SUBSTANCES IN RESEARCH

STATE & FEDERAL EFFORTS TO COMBAT THE OPIOID EPIDEMIC & IMPACT ON COMPLIANCE PROGRAMS GRACE E. REBLING OSBORN MALEDON P.A.

SUBJECT: Effective Date: Policy Number: Controlled Substance and Prescription Drugs 11/30/

PRODUCTS: All products containing ephedrine (EPH) and pseudoephedrine (PSE). (IC )

Today s Presenters. Pills, Providers, and Problems: How to Investigate Drug Diversion in Long-Term Care

9/3/2013. Presentation Objective. Prescription Drug Abuse Statistics Prescription Drug Abuse Statistics. Pharmaceutical Drugs and the Environment

RULES OF THE TENNESSEE BOARD OF PHARMACY CHAPTER DRUG DONATION REPOSITORY PROGRAM TABLE OF CONTENTS

Drug Diversion Recognition and Prevention in a Hospital Setting. Natalie Tuttle PharmD, BCPS, DPLA University of Toledo Medical Center

2013 DEA REGULATORY ENFORCEMENT UPDATE

C U S T O M E R D R I V E N. B U S I N E S S M I N D E D.

A Bill Regular Session, 2015 SENATE BILL 717

Good Samaritan and Naloxone Bill Status Report Carryover 2015 and Special Sessions

Cardinal Health s Commitment to Opioid Anti-Diversion, Education and Misuse Prevention

The Controlled Substances Act: Regulatory Requirements

Controlled Substance Prescribing and Diversion. Pamela Polk, R. Ph., Inspector DHEC Bureau of Drug Control

Drug Diversion from the Healthcare Workplace A Multi-Victim Crime. Keith H. Berge MD

Statement Of. The National Association of Chain Drug Stores. For. United States Senate Caucus on International Narcotics Control.

Opioid Monitoring for Pharmacies: A View from the DEA s Perspective

DEA: Combating the Supply

Dispensing and administration of emergency opioid antagonist without a

6/19/2012. Disappearing Drugs. Disappearing Drugs: Protect Yourself from Diversion. Disappearing Drugs: Protect Yourself from Diversion

NYSHFA/NYSCAL 16 th Annual Nurse Leadership Conference. Timothy J. Dewey Sr. Investigator NYS Bureau of Narcotic Enforcement.

Template Standard Operating Procedure For: Handling of Midazolam and other controlled drugs in Dental Practices

PROGRAM FOR THE USE OF CONTROLLED SUBSTANCES OR PRECURSOR/LIST CHEMICALS IN RESEARCH

Referred to Committee on Health and Human Services. SUMMARY Establishes an opioid overdose prevention policy for Nevada.

Mark W. Caverly, Chief Liaison and Policy Section

The State of Maryland Executive Department

SECTION PRESCRIPTIONS

Changes to the Eighth Edition

Methods, Trends and Solutions for Drug Diversion

Polling Question # 3. DISCLOSURE STATEMENT Pharmacy Immunizations How to Stay Competitive and in Compliance LEARNING OBJECTIVES

Substitute HB 523 Outline

An Informational Outline of the Controlled Substances Act. Revised 2010¹

THE FDA DRUG APPROVAL PROCESS Under the Federal Food, Drug, and Cosmetic (FD&C) Act, FDA is responsible for ensuring that all new drugs are safe and

B.C. Cannabis PRIVATE RETAIL LICENSING GUIDE Applications and Operations

ASSEMBLY, No STATE OF NEW JERSEY. 216th LEGISLATURE INTRODUCED MAY 15, 2014

POLICY ON SUBSTANCE ABUSE FOR FACULTY, STAFF, AND STUDENTS

CARD/MAIL/PRE-APPROVAL/PREFERRED RIDER FOR PRESCRIPTION DRUG [INSURANCE] [Policy]holder: Group Policy No: Effective Date:

The Wisconsin Prescription Drug Monitoring Program. WI PDMP Timeline. PDMP Overview. What is a PDMP? PDMPs Across the Nation. Wisconsin.

Controlled Substances Program Procedures. UC Merced Environmental Health and Safety August 2015

QUESTIONNAIRE ANTI MONEY LAUNDERING (Including Counter Terrorist Financing, Financial Sanctions Monitoring, KYC)

On December 27, 2017, the Lieutenant Governor signed into law several new requirements

Do not open the test booklet prior to being told to do so.

BIENNIAL REVIEW Compliance with the Drug-Free Schools and Communities Act. St. Johns River State College

Controlled Substance Prescribing: A Physician s Guide. Bethanie Gamble, PharmD Department of Pharmacy Greenville Health System

Presentation Overview

Guideline for the Rational Use of Controlled Drugs

Although PDMPs are separately managed and maintained by each state or jurisdiction, the national network facilitates more uniformity among states.

SANTA BARBARA COUNTY DEPARTMENT OF Behavioral Wellness A System of Care and Recovery

Performance of North Carolina's System for Monitoring Prescription Drug Abuse. Session Law , Section 12F.16.(q)

From heroin to medical marijuana: what districts need to know Megan Greulich, Staff Attorney Hot Topics in School Law October 5, 2016

The Wisconsin Prescription Drug Monitoring Program

DISCLOSURE AGENDA. I have nothing to disclose

PFC Training Courses & Programs. Course Descriptions. 1. Core Cannabis Training (CCT) [pre-requisite for all PFC Courses]

Executive Summary Background: The Costs and Damage Caused by Drug Diversion

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION HOUSE BILL DRH20012-MGfa-35H* (01/26)

MIAMI CHILDREN S HOSPITAL POLICY AND PROCEDURE

City of Carson 701 E. Carson St., Carson, CA Telephone: (310) ; ci.carson.ca.us

Controlled Substances Program. For Academic Units

1 HB By Representative Williams (JD) 4 RFD: Health. 5 First Read: 09-JAN-18 6 PFD: 11/28/2017. Page 0

DRUG-FREE UNIVERSITY COMMUNITY AND WORKPLACE

Prescription Drug Importation: Can it Help America's Seniors? Safety of Imported Medications: I-SaveRx Case Study

West Virginia. Prescribing and Dispensing Profile. Research current through November 2015.

Seeing through the Smoke: Preparing Your Workplace for Legalized Marijuana. October 23, 2018

Management of Controlled Substances

WikiLeaks Document Release

Home Model Legislation Public Safety and Elections. Methamphetamine Reduction Act

Pharmacy Tech Topics. The Federal Controlled Substances Act: A Primer for the Pharmacy Technician

Planning For The FDA s 'Deeming Rule' For E- Cigarettes

NEW MEXICO DEPARTMENT OF HEALTH Administrative Manual ADMINISTRATION

TESFA INTERNATIONAL SCHOOL CHEMICAL USE AND ABUSE (417)

Office of University Counsel and Secretary of the Board of Regents

To assist the District in its goal to prevent chemical use and abuse by providing procedures for education and intervention.

Sub. S.B. 119 As Passed by the Senate

Prepublication Requirements

Guidelines on the Sourcing of Medicinal Products for Sale or Supply by a Retail Pharmacy Business

The Controlled Substances Act: Regulatory Requirements

PHARMACY 543 PHARMACY LAWS & ETHICS MIDTERM EXAMINATION October 29, 1998

OFFICIAL POLICY. Policy Statement

PART 1306 PRESCRIPTIONS. 21 CFR Ch. II ( Edition)

New Ulm Public Schools

Navigating the Rapidly Changing World of Marijuana and the Workplace. January 16, 2018

Committed to Environment, Health, & Safety

DRUG AND ALCOHOL POLICY

Schedules of Controlled Substances: Placement of Furanyl fentanyl, 4- Fluoroisobutyryl fentanyl, Acryl fentanyl, Tetrahydrofuranyl fentanyl, and

Naloxone Access Statutes

How Normal Business Operations Can Enhance Disaster Response and Community Resiliency

9/13/2017 DEA WHO WE ARE: Prescription Drug Abuse. American Association of Service Coordinators September 24-27, 2017 Disney s Coronado Springs Resort

The State of Cannabis in Oregon

Overview of Current Medicine Take-Back Efforts

Tri-County Region Opioid Trends Clackamas, Multnomah, and Washington, Oregon. Executive Summary

Transcription:

Crowe Healthcare Webinar Series Healthcare Providers Ongoing Challenges With Controlled Substances Presented by: Scott Gerard, Healthcare Risk Consulting Partner Eric Jolly, Healthcare Risk Vice President Tamara Mattox, Healthcare Risk Sr. Manager 2017 Crowe 2017 Crowe Horwath Horwath LLP LLP

Course Objectives As a result of participating in this session, you should be able to: Identify ways to detect gaps in your current processes and how to start development of an action plan to address them Explain the role that senior management and executives play in the controlled substance process Assess the organization s current crisis management and reporting processes and how to test their effectiveness Define strategies for managing and responding to DEA or other regulator audits in a timely and effective manner 2017 Crowe Horwath LLP 2

Polling Question #1 What is your profession? a) CPA / Auditor b) Pharmacy Director c) Compliance d) Hospital Sr. Leadership e) Other 2017 Crowe Horwath LLP 3

The Opioid Epidemic Public Health Emergency Declaration Signed October 2017 2017 Crowe Horwath LLP 4

The Opioid Epidemic - Facts What are the facts (according to the Centers for Disease Control): On average, 115 Americans die every day from an opioid overdose In 2014, nearly two million Americans either abused or were dependent on prescription opioid pain relievers Overdoses from prescription opioids are a driving factor in the 16-year increase in opioid overdose deaths The majority of drug overdose deaths (66%) involve an opioid 2017 Crowe Horwath LLP 5

The Opioid Epidemic Areas of Impact DEATHS Rehabs Mental Health Law Enforcement Disease Spread Foster Care Emergency Services Social Services Employment Homeless 2017 Crowe Horwath LLP 6

Hospital s Key Risks 2017 Crowe Horwath LLP 7

What are your Specific Risks? Patients Health Care Workers (Diverter) Health Care Workers (Co-worker) Hospital Substandard Care (Pain, Waking up during Surgery, Injury) Morbidity or Mortality Disciplinary Action (for violation of P&P) Loss of Revenue Contamination Loss of Livelihood loss of job, license Mechanical Injury Loss of Trust Disease Spread Felony Criminal Prosecution Infection (contaminated needles/broken vials) Loss of Goodwill Medication Errors Civil Malpractice Civil Liability Billing Fraud Sanctions Negative Publicity Loss of Ability to Serve Community Additional Regulatory Scrutiny 2017 Crowe Horwath LLP 8

Where Within the Hospital Setting are Drugs Diverted? Location Pharmacy Inpatient and Retail Clinical Units Surgical Center Hospice Home Health Where Med Rooms Refrigerators Vaults Med Carts ADMs Sharps Containers Return Bins Anesthesia Trays APCs IV Bags Expired Bins Waste (compounding, IV, Bin Waste) 2017 Crowe Horwath LLP 9

Your Hospital s Drug Diversion Risks Is your hospital identifying diversions? Are controls in place at each stage the drugs move? Are controls in place for each storage point? Is there continuous monitoring of employees or persons with controlled substance access? 2017 Crowe Horwath LLP 10

Hospital s Controlled Substance Thefts (27%) 2017 Crowe Horwath LLP 11

Controlled Substance Thefts (Employee Pilferages = 41%) 2017 Crowe Horwath LLP 12

Hospital s Drug Diversion Risks 2017 Crowe Horwath LLP 13

Hospital s Drug Diversion Risks December 2017 Intermountain Health System fined $1 Million 2017 Crowe Horwath LLP 14

Hospital s Drug Diversion Risks September 2015 Massachusetts General $2.3 fine 3 year DEA Settlement Agreement 2017 Crowe Horwath LLP 15

Hospital s Drug Diversion Risks December 2016 Hospitals fine $2.4M for record keeping. 2017 Crowe Horwath LLP 16

Hospital s Drug Diversion Risks January 2017 Hospital pays $510,000 Fine 2017 Crowe Horwath LLP 17

Hospital s Drug Diversion Risks 2017 Crowe Horwath LLP 18

What You Need to Know State Board of Pharmacy Regulatory Risks Pharmacy Director Arrested and Charged: 2017 Crowe Horwath LLP 19

What You Need to Know Federal Regulatory Risks DEA Special Agent in Charge John J. Bryfonski stated The public expects our health professionals to honor their oath and follow both regulations and the law to assure the health and safety of the people they treat. When these professionals depart from their oath and the law by diverting controlled substancepharmaceuticals from legitimate medical uses to illegal uses, DEA will investigate and hold them accountable. 2017 Crowe Horwath LLP 20

The Opioid Epidemic Hospital s Current State A USA TODAY review shows more than 100,000 doctors, nurses, medical technicians and health care aides are abusing or dependent on prescription drugs in a given year, putting patients at risk. 2017 Crowe Horwath LLP 21

Hospital s Role in the Opioid Epidemic 2017 Crowe Horwath LLP 22

Hospital s Role: Take Action! Stop diversion before it starts!! 2017 Crowe Horwath LLP 23

Hospital s Role: Define a Process Implement preventative and detective controls during every phase of the closed loop system The framework of the Controlled Substance Act (CSA) requires that all controlled substance transactions are to take place within a closed system of distribution. Within this closed system strict accounting for all controlled substance transactions must be maintained. Expire / Waste Dispensing Order Stocking Transfers 2017 Crowe Horwath LLP 24

Hospital s Role: Reconciliations RECONCILE! RECONCILE! Reconcile reverse distributor pick up to ADM expired controlled substances. Expire/ Waste Order Reconcile POA s to CII orders Reconcile CII order receipts to completed 222 forms. Receiving/ Stocking Reconcile Wholesaler Invoice to ADM Stocking Receipt Dispensing Transfer Reconcile Transfers to / from the floors Reconcile ADM dispensings to administration and waste records. 2017 Crowe Horwath LLP 25

Controlled Substance Control Examples Continuous Preventative & Detective Controls Ordering & Stocking Controls CSOS Duel Receipt / Stocking Custody Reconcile invoice to ADM Stocking Transfers Reconcile transfers to / from floors Reconcile transfers to kit/pcas/direct disp. Reconcile Reverse Distributor Dispensing Diversion Monitoring Daily Discrepancy Resolution ADM audits to MAR / Waste Nursing Involvement 2017 Crowe Horwath LLP 26

Hospital s Role: Security Requirements Perpetual inventory Blind Counts CS Inventory Terminate access timely All CS in ADM s Security Cameras 2017 Crowe Horwath LLP 27

Hospital s Regulatory Risks 2017 Crowe Horwath LLP 28

Polling Question 2. Does the DEA require controlled substance inventory discrepancy reviews? a) Yes b) No 2017 Crowe Horwath LLP 29

Polling Answer #1 2. Does the DEA require controlled substance inventory discrepancy reviews? The Office of Diversion Control Controlled Substances Security Manual requires all registrants to provide effective physical security controls and operating procedures to guard against theft and diversion of controlled substances. The framework of the Controlled Substance Act (CSA) requires that all controlled substance transactions are to take place within a closed system of distribution. Within this closed system strict accounting for all controlled substance transactions must be maintained. The DEA Pharmacist Manual specifies that healthcare professionals and pharmacists share responsibility for preventing prescription drug abuse and diversion. 2017 Crowe Horwath LLP 30

Polling Question 3. Are hospital DEA fines calculated primarily on the lack of controls? a) Yes b) No 2017 Crowe Horwath LLP 31

Polling Answer 3. Are hospital DEA fines calculated primarily on the lack of controls? The nation is in the midst of an opioid crisis and all entities that distribute controlled substances must hold the frontline. Regulatory compliance and accurate recordkeeping are key in a pharmacy s ability to prevent prescription drug diversion, stated DEA Special Agent in Charge John J. Martin DEA is a law enforcement agency that has the ability to assess civil and criminal penalties $10,000 / $25,000 per violation 2017 Crowe Horwath LLP 32

DEA Security / Controls Regulation Regulations don t require specific preventative / detective internal controls 2017 Crowe Horwath LLP 33

DEA Record Keeping Regulations 2017 Crowe Horwath LLP 34

DEA Record Keeping Regulation Drug Enforcement Administration Pharmacist s Manual ------------------------------------------------------------------------------------------------------------------------------------- SECTION VI RECORDKEEPING REQUIREMENTS Required Records The records which must be maintained by a pharmacy are: 1. Executed and unexecuted official order forms (DEA Form 222) or the electronic equivalent 2. Power of Attorney authorization to sign order forms 3. Receipts and/or invoices for schedule II controlled substances 4. Receipts and/or invoices for schedules III, IV, and V controlled substances 5. All inventory records of controlled substances, including the initial and biennial inventories, dated as of beginning or close of business 6. Records of controlled substances distributed (i.e., sales to other registrants, returns to vendors, distributions to reverse distributors) 7. Records of controlled substances dispensed (i.e., prescriptions, schedule V logbook) 8. Reports of Theft or Significant Loss (DEA Form 106), if applicable 9. Inventory of Drugs Surrendered for Disposal (DEA Form 41), if applicable 10. Records of transfers of controlled substances between pharmacies 11. DEA registration certificate 12. Self-certification certificate and logbook (or electronic equivalent) as required under the combat Methamphetamine Epidemic Act of 2005 2017 Crowe Horwath LLP 35

DEA Record Keeping Regulation Example: (d) In recording dates of receipt, distribution, other transfers, or destruction, the date on which the controlled substances are actually received, distributed, otherwise transferred, or destroyed will be used as the date of receipt, distribution, transfer, or destruction (e.g., invoices or packing slips, or DEA Form 41). $10,000 per violation 2017 Crowe Horwath LLP 36

Massachusetts General DEA Claims = $2.3 Million Failure to report theft/loss within one business day Failure to maintain complete and accurate records of all controlled substances Failure to document transfers of Schedule IIs Failure to document transfers of Schedule III-Vs Failure to conduct initial inventory Failure to conduct biennial inventory Biennial inventory was incomplete Failed to provide effective controls and procedures to guard against theft/diversion Documentation! Access Controls $10,000 per violation 2017 Crowe Horwath LLP 37

Elements of DEA Inspection Accountability Audit Record and Documentation Request and Review Evaluate Security Evaluate Due Diligence Procedures 2017 Crowe Horwath LLP 38

Common DEA Violations Inventory Records No inventory taken within two years Inventory not whole house Inventory not on one day Inventory missing required elements Schedule II not segregated from Schedule III-V records Receiving Date received not on invoice Invoices not maintained / readily retrievable Electronic 222 Forms Failure to record # of received and date Not retaining CSOS Subscriber Agreement Not achieving electronic 222 s 2017 Crowe Horwath LLP 39

Polling Question 4. What is the best time to implement a controlled substance monitoring program? a) After a drug diversion is identified b) After a DEA visit c) Now d) All of the above 2017 Crowe Horwath LLP 40

How Can We Help? 2017 Crowe Horwath LLP 41

Access Your Risks Control Design Audit: From Order to Dispense / Waste / Reverse Distributor Accountability Audit Diversion Investigations Assistance with potential BOP and/or DEA investigations or Settlement Agreements 2017 Crowe Horwath LLP 42

Thank you Scott Gerard Phone +1 818-325-8457 Scott.gerard@crowehorwath.com Eric Jolly Phone +1 415-230-4956 Eric.jolly@crowehorwath.com Tamara Mattox Phone +1 530-604-3723 Tamara.mattox@crowehorwath.com In accordance with applicable professional standards, some firm services may not be available to attest clients. This material is for informational purposes only and should not be construed as financial or legal advice. Please seek guidance specific to your organization from qualified advisers in your jurisdiction. 2017 Crowe Horwath LLP, an independent member of Crowe Horwath International crowehorwath.com/disclosure 43 2017 Crowe Horwath LLP