California Physician Arrested and Charged for Opioid Over-Prescribing and 2nd Degree Murder
An investigation by the California Department of Justice’s Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA) recently resulted in the arrest and charging of a physician for over-prescribing dangerously high levels of addictive opioids and narcotics to his patients. The doctor faces multiple criminal charges related to nine patients, including charges of second-degree murder and felony elder abuse in connection with the deaths of five patients.
The complaint alleges that between October 2011 and July 2017 the doctor prescribed a wide range of highly addictive opioids, and consistently and drastically increased his patients’ opioid prescriptions. It further alleges that he increased patients’ opioid dosage while prescribing medications such as Soma, a muscle relaxant, and benzodiazepines — both of which are known to cause a dangerous drug interaction when taken with opioids. The accused doctor often prescribed at maximum dosages and in quantities of 180-300 pills per prescription. This practice resulted in total daily opiate prescription dosages far exceeding the recommended 50 mg Morphine Equivalent Dosage standard set forth by the Centers for Disease Control (CDC). This treatment practice continued despite “red flag” warnings from pharmacies, insurance companies, his own observations of his patients, and knowledge of his patients’ deaths from drug overdose.
The doctor remains in custody awaiting further arraignment proceedings and a bail review.
Compliance Perspective
Failure to monitor and conduct regular drug regimen reviews of residents who are prescribed opiates above the CDC’s Morphine Equivalent Dosage standard and who are also prescribed other medications that may cause dangerous interactions when taken with opioids may be considered provision of sub-standard quality of care in violation of state and federal regulations.
Discussion Points:
- Review policies and procedures regarding the monitoring and reviewing of residents’ drug regimens.
- Train staff to be alert and recognize high levels of opiate prescriptions that may exceed CDC dosage standards and to be aware of situations where a resident is receiving medications that are known to interact with opiates. Remind staff about the importance of reporting any concerns regarding residents’ medications to their supervisor or through the Hotline.
- Periodically audit to determine if residents’ medication regimens—particularly for residents on opiates—are being reviewed on a regular basis and if dosages are appropriate.
