Posts Tagged ‘Fraud’

Missouri Mental Health

Saturday, August 13th, 2016

Gov. Jay Nixon today [7/15/2016] said that Missouri is among the top five states in the number of people trained [27,730] in Mental Health First Aid and, among that group, leads in the percentage of the population trained. Mental Health First Aid (MHFA) is a national program to teach the skills to respond to the signs of mental illness and substance use disorders. … Working with members of the General Assembly, the Governor secured $10 million annually for the Strengthening Mental Health Initiative.”

Sounds progressive, doesn’t it? Sounds like the Governor is committed to helping Missourians, doesn’t it?

But what’s wrong with this? Only that psychiatric treatment not only does not work, but is actually harmful.

For decades psychiatrists and psychologists have claimed a monopoly over the field of mental health. Governments and private health insurance companies have provided them with billions of dollars every year to treat “mental illness,” only to face industry demands for even more funds to improve the supposed, ever–worsening state of mental health.

No other industry can afford to fail consistently and expect to get more funding.

The fact is that psychiatrists don’t try to cure people of mental illness. They use drugs in an attempt to dull the pain.

The mental health monopoly has practically zero accountability and zero liability for its failures. This has allowed psychiatrists and psychologists to commit far more than just financial fraud. The roster of crimes committed by these “professionals” ranges from fraud, drug offenses, rape and sexual abuse to child molestation, assault, manslaughter and murder.

The primary purpose of mental health treatment must be the therapeutic care and treatment of individuals who are suffering emotional disturbance. It must never be the financial or personal gain of the practitioner. Those suffering are inevitably vulnerable and impressionable. Proper treatment therefore demands the highest level of trustworthiness and integrity in the practitioner.

For more information, click here to download and read the CCHR report Massive Fraud — Psychiatry‘s Corrupt Industry — Report and recommendations on the criminal mental health monopoly.

Researchers press American Psychiatric Association to retract a study

Sunday, August 7th, 2016

Ed Silverman writes in StatNews:

“More than a decade ago, a published study touted the benefits of using the Celexa antidepressant to treat children and teens. A recent analysis, however, alleged the study had numerous problems — notably, there was no difference between the drug and a placebo. And so, the researchers and several other academics want the medical society and the journal that published the study to issue a retraction.”

“The researchers wrote that procedural deviations in the study were not reported; negative outcomes were not reported; side effects were misleadingly analyzed; and drafts of the study were prepared by company employees and outside ghostwriters.”

The current research (“The citalopram CIT-MD-18 pediatric depression trial: Deconstruction of medical ghostwriting, data mischaracterisation and academic malfeasance“, International Journal of Risk & Safety in Medicine 28 (2016) 33–43) concludes:

“Deconstruction of court documents revealed that protocol-specified outcome measures showed no statistically significant difference between citalopram [Celexa] and placebo. However, the published article concluded that citalopram was safe and significantly more efficacious than placebo for children and adolescents, with possible adverse effects on patient safety.”

See more information in these previous posts:

http://www.cchrstl.org/wordpress/2012/07/07/settlements-and-lawsuits-galore/

http://www.cchrstl.org/wordpress/2014/07/06/parents-can-get-refunds-for-some-anti-depressant-drugs-given-to-kids/

http://www.cchrstl.org/wordpress/2010/09/22/forest-pharmaceuticals-pleads-guilty/

Ways to Reduce The Missouri Budget

Wednesday, July 20th, 2016

The Insane Bloat of the Missouri Department of Mental Health Budget from 1971 to 2016

$2 Billion and Rapidly Rising

The introduction and passage of legislation designed to curb psychiatric fraud and abuse can contribute to the reduction of the Department of Mental Health budget. For examples of Model Legislation, click here.

Reports show that:

* 10% to 25% of mental health practitioners sexually abuse patients.

* Psychiatry has the worst fraud track record of all medical disciplines.

* The largest health care fraud suit in history [$375 million] involved the smallest sector of healthcare–psychiatry.

* An estimated $20-$40 billion is defrauded in the mental health industry in any given year.

Download and read the full report “Massive Fraud — Psychiatry’s Corrupt Industry.

Recommendations
1. Establish or increase the number of psychiatric fraud investigation units to recover funds that are embezzled in the mental health system.

2. Clinical and financial audits of all government-run and private psychiatric facilities that receive government subsidies or insurance payments should be done to ensure accountability; statistics on admissions, treatment and deaths, without breaching patient confidentiality, should be compiled for review.

3. A list of convicted psychiatrists and mental health workers, especially those convicted and/or disciplined for fraud and sexual abuse should be kept on state, national and international law enforcement and police agencies databases, to prevent criminally convicted and/or de-registered mental health practitioners from gaining employment elsewhere in the mental health field.

4. No convicted mental health practitioner should be employed by government agencies, especially in correctional/prison facilities or schools.

5. The DSM and/or lCD (mental disorders section) should be removed from use in all government agencies, departments and other bodies including criminal, educational and justice systems.

6. Establish rights for patients and their insurance companies to receive refunds for mental health treatment which did not achieve the promised result or improvement, or which resulted in proven harm to the individual, thereby ensuring that responsibility lies with the individual practitioner and psychiatric facility rather than the government or its agencies.

7. None of the mental disorders in the DSM/ICD should be eligible for insurance coverage because they have no scientific, physical validation. Governmental, criminal, educational and judicial agencies should not rely on the DSM or lCD (mental disorders section).

8. Provide funding and insurance coverage only for proven, workable treatments that verifiably and dramatically improve or cure mental health problems.

We think it is time to call psychiatry and psychology for what they are — failed pseudo sciences with no basis in fact, pseudo sciences that harm their recipients and line the pocketbooks of their practitioners.

Legislative Elimination of Harmful Psychiatric Practices

Thursday, May 28th, 2015

Legislative Elimination of Harmful Psychiatric Practices

FLORIDA

There is a law on the books in Florida that if enforced would end harmful psychiatric practices there. It makes illegal all unscientific, fraudulent and unproven healthcare treatments. [Florida Statutes 456.072 (1)(a)]

“456.072?Grounds for discipline; penalties; enforcement.—
(1)?The following acts shall constitute grounds for which the disciplinary actions specified in subsection (2) may be taken:
(a)?Making misleading, deceptive, or fraudulent representations in or related to the practice of the licensee’s profession.”

However, there is a second law on the Florida books which states that if the practitioner uses treatments “generally accepted” by his peers then it is OK. This opens the door to the practitioner having to use the treatments his peers “generally accept” or be subject to administrative discipline and malpractice laws. [Florida Statutes 766.102 (1)]

“766.102?Medical negligence; standards of recovery; expert witness.—
(1)?In any action for recovery of damages based on the death or personal injury of any person in which it is alleged that such death or injury resulted from the negligence of a health care provider as defined in s. 766.202(4), the claimant shall have the burden of proving by the greater weight of evidence that the alleged actions of the health care provider represented a breach of the prevailing professional standard of care for that health care provider. The prevailing professional standard of care for a given health care provider shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers.”

To confuse matters even more, there is a third law on the Florida books that makes it illegal for a doctor to prescribe controlled substances like narcotics and psychiatric drugs for pain without a full and complete physical exam, full history obtained and imaging like MRI, CAT Scans, drug tests, etc. And then only after other less or non harmful therapies have been attempted can powerful narcotics and powerful tranquilizers be prescribed on an ongoing basis for physical pain. [Florida Statutes 458.331(1)(t)1]

“458.331?Grounds for disciplinary action; action by the board and department.—
(1)?The following acts constitute grounds for denial of a license or disciplinary action … (t)?Notwithstanding s. 456.072(2) but as specified in s. 456.50(2):
1.?Committing medical malpractice as defined in s. 456.50. The board shall give great weight to the provisions of s. 766.102 when enforcing this paragraph.”

This third law was used to bust countless pill-mill doctors. They had their licenses suspended, revoked, and were charged and convicted in criminal courts.

But the psychs are “exempt” from this law. Why? Because psychiatric “treatments” such as psychiatric drugs are the prevailing standard of care.

MISSOURI

In Missouri, these are some Statutes regarding standard of care and related topics:

[197.080.1 2.(3)(b) Department of Health and Senior Services] “A departmental investigation of a complaint shall be focused on the specific regulatory standard and departmental written interpretive guidance and publicly available professionally recognized standard of care related to the complaint.”

[538.225. 1 Tort Actions Based on Improper Health Care] “In any action against a health care provider for damages for personal injury or death on account of the rendering of or failure to render health care services, the plaintiff or the plaintiff’s attorney shall file an affidavit with the court stating that he or she has obtained the written opinion of a legally qualified health care provider which states that the defendant health care provider failed to use such care as a reasonably prudent and careful health care provider would have under similar circumstances and that such failure to use such reasonable care directly caused or directly contributed to cause the damages claimed in the petition.

[334.100.2  Physicians and Surgeons–Therapists–Athletic Trainers–Health Care Providers] “The board may cause a complaint to be filed with the administrative hearing commission … against any holder of any certificate of registration or authority, permit or license required by this chapter … for any one or any combination of the following causes: … (4) Misconduct, fraud, misrepresentation, dishonesty, unethical conduct or unprofessional conduct in the performance of the functions or duties of any profession licensed or regulated by this chapter, including, but not limited to, the following: … (5) Any conduct or practice which is or might be harmful or dangerous to the mental or physical health of a patient … .”

CONCLUSIONS

Overall it seems that the pattern of these laws, while intending to protect citizens from physician malpractice, are not really effective in the case of harmful psychiatric practices, for these reasons:

1. The laws are subject to interpretation by lawyers and courts as to what is harmful;

2. The psychiatric industry itself controls its standard of care(using its own Diagnostic and Statistical Manual of Mental Disorders [DSM] as its reference);

3. There is a built-in legal contradiction between the standard of care and medical malpractice — while one law defines malpractice, another law negates it with standard of care.

We see the solution as having to directly legislate against abusive, fraudulent and harmful psychiatric practices.

RECOMMENDATIONS

1. Concerned citizens and groups should relentlessly advocate legal and policy protections that force psychiatry to honor every individual’s right to be treated with humanity and respect and to recognize the inherent dignity of the person. These include protections from economic, sexual and other forms of exploitation.

2. Legal protections should be put in place to ensure that psychiatrists and psychologists are prohibited from violating the right of any person to exercise all civil, political, economic, social and cultural rights as recognized in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and in other relevant instruments, such as the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.

3. No person should ever be forced to undergo electric shock treatment, psychosurgery, coercive psychiatric treatment, or the enforced administration of mind-altering drugs. Parents cannot be forced or manipulated into permitting the drugging of their children by psychiatrists, other practitioners or school personnel. Governments should outlaw such abuses.

4. The responsible officials of regulatory agencies or their advisers must be held accountable and criminally charged for harm caused by psychiatric drugs and other psychiatric “treatment” if it is established that they knew, or should have known, of such harm either through clinical trial results, adverse reaction reports or broadly available public information.

5. Every individual who has been subject to such abuse should be helped to file a complaint to police and professional licensing bodies and have this abuse investigated and prosecuted. The individual should be helped also to obtain competent legal advice about filing a civil suit for damages against any offending psychiatrist and his or her hospital, associations and teaching institutions.

6. The United Nations, NGOs, human rights groups and concerned citizens should work together to create a new international human rights covenant that states sign and ratify to protect the right of all individuals from mind control and psychiatric abuse.

SIGN UP HERE.

Feds Pay for Drug Fraud

Sunday, May 3rd, 2015

Feds Pay for Drug Fraud

92 Percent of Foster Care, Poor Kids Prescribed Antipsychotics Get Them for Unaccepted Uses
This Huffington Post article on April 30, 2015 exposes the fact that poor and foster care kids covered by Medicaid are being prescribed too many dangerous antipsychotic drugs at young ages for far too long — mostly without any medical justification at all.
“92 percent of all kids on Medicaid receiving antipsychotics don’t have any of the limited ‘medically accepted pediatric conditions’ supposedly justifying their use. These ‘accepted conditions’ include the authority to use antipsychotics even for autistic children as young as 5 for such dubious FDA-approved conditions as ‘irritability.'”

“Medicaid spends about $3.5 billion a year on antipsychotics for all ages, largely for unaccepted uses, with nearly 2 million kids prescribed them. Nationally, about 12 percent of all the nation’s 500,000 foster care children have received Medicaid-paid antipsychotics at some point, often because they haven’t been offered proven, “trauma-informed” intensive therapies, according to Kamala Allen, director of Child Health Quality for the Center for Health Care Strategies.”

“… it shouldn’t be surprising to learn that federal officials aren’t too keen on enforcing drugging protections for either nursing home residents (whose meds are usually paid by Medicare) or children on Medicaid. ‘The federal government has done absolutely nothing of significance to rein in overprescribing,’ says Bill Grimm, a senior counsel with the San Francisco-based National Center for Youth Law (NYCL) that has launched a PsychDrugs Action Campaign, now focused primarily on pending reform bills in the California legislature.”

“… just two months ago, a Philadelphia jury found that Janssen hid the breast-growth dangers of the drug Risperdal and owed $2.5 million to a 20-year-old autistic man who developed size 46 DD breasts as a teenager. ‘This was the first case related to the condition called gynecomastia that went to a jury, but thousands more lawsuits are lined up in Philadelphia, California, Missouri, and other locations,’ The Philadelphia Inquirer reported.”

“… what’s especially absurd … is the notion that federal officials think they’re not allowed to suggest to state Medicaid authorities to stop paying for the unaccepted uses of these and other drugs.”

“As Dr. David Rubin, the director of the Policy Lab at the Children’s Hospital of Philadelphia, told Mental Health Weekly, ‘The medications are being used particularly for disruptive behavior and to control the children.’ Yet nearly half of all kids getting the drugs aren’t getting other behavioral health services such as therapy, according to research by the Center for Health Care Strategies.”

“A shocking five-part series by The San Jose Mercury News, published last year, highlighted dangerous overprescribing that showed that thousands of foster care kids over a decade — nearly one in four foster teens — had been essentially ‘chemically restrained’ for their behavior with antipsychotics drugs that left many drooling, lethargic and obese.”

“Edward Opton, an attorney with the National Center for Youth Law’s PsychDrugs Action Campaign, has underscored why foster care kids are especially vulnerable. Even though they make up just 3 percent of all Medicaid children, they account for roughly 30 percent of all Medicaid behavioral spending for kids: ‘Foster children are a lucrative market for psychotropic drug sales. Unlike adults, they can’t say, “No, I won’t take any more of that drug,”‘ he wrote in a recent column on the Mad in America website.”

You should read the full Huffington Post article, it is most illuminating.

You should also contact your local, state and federal officials and ask them why this Medicaid fraud persists.

Migrant Children, a New Psychiatric Patient Pool?

Saturday, April 25th, 2015

Migrant Children, a New Psychiatric Patient Pool?

While we hesitate to comment on the controversy surrounding the federal government’s amnesty program for illegal immigrants, we do see a potential effect of interest to the concerns of CCHR and those who recognize the potential for psychiatric fraud and abuse.

The Wall Street Journal reported that “Such students [illegal aliens, or “migrant children”] often require a variety of services, including subsidized meals, English-language instruction, tutoring and psychological counseling…”

It’s that last phrase, “psychological counseling”, that caught our attention.

Could migrant children be considered a new pool of patients to be abused by the psychiatric and psychological industries?

There are already research articles being published on the “mental health of migrant children.” Look out for a proliferation of media, studies, and requests for funding for this expanding population as a new pool of “mental health care” patients.

Contact your local, state and federal officials and your school boards to be on the lookout for psychiatric fraud and abuse within the migrant population.

Diagnosisgate: Conflict of Interest at the Top of the Psychiatric Apparatus

Sunday, March 8th, 2015

Diagnosisgate: Conflict of Interest at the Top of the Psychiatric Apparatus

“Diagnosisgate” — It is probably the most stunning story of corruption in the history of the modern mental-health system. Mysteriously, it has been kept out of major media for two decades.

In recent years, the man who has been called the world’s most important psychiatrist has painted himself as the white knight who warns the public about the dangers of Big Pharma and psychiatric diagnosis. But Allen Frances, the longest-running head of psychiatry’s “bible,” the Diagnostic and Statistical Manual of Mental Disorders — which earned more than $100 million under his reign — actually worked hand-in-glove with a major drug company to misrepresent research on a massive scale in order to market misleadingly one of their most dangerous drugs, Risperdal.

Nearly a year ago, my attention was drawn to a blockbuster of a document that revealed these distortions of science and the whopping conflicts of interest. It was essential to inform the public, because it is the mental health system’s Watergate and has led to enormous harm. One editor after another of both general publications and scholarly journals fled from publishing the story. This surprised me, given how important the story is and the fact that it was almost completely unknown to the public and professionals.

The brave Dr. David Holmes, editor of the journal APORIA, based at the University of Ottawa, has just published the article, and I hope that you will read it at http://www.oa.uottawa.ca/journals/aporia/articles/2015_01/commentary.pdf and help spread the word.

This scandal affects vast numbers of people … two enormous groups are military servicemembers and veterans (though by no means only them). Have a look at this quotation from http://www.nextgov.com/defense/2012/04/broken-warriors-test/55389/:

“Veterans Affairs Department reported in August 2011 that Risperidone was no more effective in PTSD treatment than a placebo. VA spent $717 million on the drug over the past decade. The military has spent $74 million over the past 10 years on Risperidone, a spokeswoman for the Defense Logistics Agency said.”

Thank you for any assistance you can give in making sure this truth will be widely known — feel free to forward this email, post the URL on Facebook and Twitter, etc.

Paula J. Caplan, Ph.D.
Associate, DuBois Research Institute, Harvard University

www.paulajcaplan.net

The Accessibility of Care

Sunday, January 18th, 2015

The Accessibility of Care

The political, financial and medical worlds rank the mental health of the nation’s citizens based on their access to “mental health care”, not on the actual state of their mental health nor on the outcomes of treatment. New reports from Mental Health America underscore these wrong targets.

These are some of the measures used in these reports to rank the 50 states and the District of Columbia on their citizens’ mental health status:

  • Number of people with “mental illness”
  • Number of children who have “Emotional Behavioral Developmental Issues” (EBD)
  • Number of people who have suicidal thoughts or who have attempted suicide
  • Number of children who have had “at least one major depressive episode”
  • Number of people who do not have access to mental health care or to mental health care insurance
  • State hospital re-admission rates

As you are undoubtedly aware, counting the number of people with “mental illness” or with “EBD” or with “depression” is totally specious, as the diagnostic criteria in psychiatry’s billing bible, the Diagnostic and Statistical Manual of Mental Disorders (DSM), are fraudulent.

As you are also undoubtedly aware, counting the number of people who have suicidal thoughts or who have attempted suicide is equally specious, as some of the known side effects of psychotropic drugs are violent behavior, and suicidal thoughts or attempted suicide.

State hospital re-admission rates are evidently how they measure the effectiveness of treatment, under the assumption that the higher the re-admission rate the less effective the treatment. Again, a specious measure, as the side effects of psychotropic drugs all but guarantee re-admissions and thus provide an argument for even more “treatment.”

And if you did not already know, “specious” means “superficially plausible but actually wrong.”

The emphasis in these reports is to identify and treat so-called “mental illness” at the youngest age possible. The psychiatric industry wants to hire an additional 30,000 child psychiatrists to handle this imagined need.

So we are basically left to surmise that reporting on the mental health status of the various states is an attempt to “show” that there is not enough insurance available to get everyone, particularly children, into the mental health care system, and that the various insurance companies, states and the federal government need to spend more on this fraudulent, ineffective and abusive mental health care system.

Missouri, by the way, is ranked 22nd in its citizens’ overall access to this kind of mental health care. A critical aspect of these reports is to show the impact of the Affordable Care Act (ACA) on access to mental health care; particularly, they hope to show that the ACA does not provide enough improvement in access to psychiatric mental health care, and that more money is needed to get more children into this system and taking psychotropic drugs. One of the other targets of these reports is to provide evidence suggesting that the definition of “medically necessary” be expanded so that more people fit into the category of needing “behavioral health care,” and thus needing more psychotropic drugs.

The mental health monopoly has practically zero accountability and zero liability for its failures. This has allowed psychiatrists and psychologists to commit more fraud and abuse than any other area of health care.

The primary purpose of mental health treatment must be the therapeutic care and treatment of individuals who are suffering emotional disturbance. The only effective measure of this treatment must be “patients recovering and being sent, sane, back into society as productive individuals.”

For more information, visit www.CCHRSTL.org. Please forward this newsletter to your family, friends and associates, and recommend that they subscribe.

Parents can get refunds for some anti-depressant drugs given to kids

Sunday, July 6th, 2014

Parents can get refunds for some anti-depressant drugs given to kids

St. Louis Post-Dispatch, July 5, 2014
by Blythe Bernhard

“Thousands of Missouri parents are entitled to refunds for antidepressants prescribed to children because the drugs were unapproved for use in that age group, a federal judge has ruled.

“Forest Laboratories and its subsidiary Forest Pharmaceuticals, which is based in Earth City, agreed to pay up to $10.4 million in refunds for misleading parents into giving the drugs Celexa and Lexapro to children and teenagers, according to a recent settlement of a class action lawsuit.

“A judge in the case ruled that under the Missouri Merchandising Practices Act, “parents have the right to be fully informed about the potential efficacy of a drug,” said Brent Wisner, a Los Angeles-based attorney for the plaintiffs.

“Anyone who bought Celexa for someone under 18 from 1998 to 2013 or Lexapro from 2002 to 2013 is eligible for partial to full refunds, or $50 if the total amount spent on the drugs cannot be proven.”

Click here to read the full article. Send a note to the author and let her know what you think.

Click here for some of the legal stuff.

We might remind you that the devastating side effects of Celexa and Lexapro can be found here.

Psychiatric drugs are only the symptom. The real problem is that psychiatrists fraudulently diagnose life’s problems as an “illness”, and stigmatize unwanted behavior or study problems as “diseases.” Psychiatry’s stigmatizing labels, programs and treatments are harmful junk science; their diagnoses of “mental disorders” are a hoax – unscientific, fraudulent and harmful. All psychiatric treatments, not just psychiatric drugs, are dangerous. Click here to find out more about this.

Ways to Reduce the Missouri Budget

Wednesday, April 23rd, 2014

The Insane Bloat of the Missouri Department of
Mental Health Budget from 1971 to 2014 – almost $2 Billion and Rapidly Rising

Missouri DMH Budgets


The introduction and passage of legislation designed to curb psychiatric fraud and abuse can contribute to the reduction of the Department of  Mental Health budget. For examples of Model Legislation, click here.

Reports show that:

* 10% to 25% of mental health practitioners sexually abuse patients.

* Psychiatry has the worst fraud track record of all medical disciplines.

* The largest health care fraud suit in history [$375 million] involved the smallest sector of healthcare–psychiatry.

* An estimated $20-$40 billion is defrauded in the mental health industry in any given year.

Download and read the full report “Massive Fraud — Psychiatry’s Corrupt Industry.”

Recommendations

1.   Establish or increase the number of psychiatric fraud investigation units to recover funds that are embezzled in the mental health system.

2.   Clinical and financial audits of all government-run and private psychiatric facilities that receive government subsidies or insurance payments should be done to ensure accountability; statistics on admissions, treatment and deaths, without breaching patient confidentiality, should be compiled for review.

3.   A list of convicted psychiatrists and mental health workers, especially those convicted and/or disciplined for fraud and sexual abuse should be kept on state, national and international law enforcement and police agencies databases, to prevent criminally convicted and/or deregistered mental health practitioners from gaining employment elsewhere in the mental health field.

4.   No convicted mental health practitioner should be employed by government agencies, especially in correctional/prison facilities or schools.

5.   The DSM and/or lCD (mental disorders section) should be removed from use in all government agencies, departments and other bodies including criminal, educational and justice systems.

6.   Establish rights for patients and their insurance companies to receive refunds for mental health treatment which did not achieve the promised result or improvement, or which resulted in proven harm to the individual, thereby ensuring that responsibility lies with the individual practitioner and psychiatric facility rather than the government or its agencies.

7.   None of the mental disorders in the DSM/ICD should be eligible for insurance coverage because they have no scientific, physical validation. Governmental, criminal, educational and judicial agencies should not rely on the DSM or lCD (mental disorders section).

8.   Provide funding and insurance coverage only for proven, workable treatments that verifiably and dramatically improve or cure mental health problems.


We think it is time to call psychiatry and psychology for what they are — failed pseudo sciences with no basis in fact, pseudo sciences that harm their recipients and line the pocketbooks of their practitioners.