Pain & The Law

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Medicare and Medicaid

"Although Medicare and Medicaid pay for a great deal of pain management, they often stand in the way of, or at least fail to facilitate, the provision of adequate pain management services. First, many persons who suffer debilitating pain and are not covered by private insurance, are not eligible for Medicare and Medicaid or any other public health insurance program.… Second, even persons who are covered by Medicare and Medicaid face significant gaps in benefits. Medicare, for example, does not cover oral prescription pain medications for most noninstitutionalized beneficiaries.… Third, institutional participation and payment structures limit the usefulness of some available benefits.… Fourth, in recent years, aggressive utilization review and fraud and abuse surveillance and enforcement have, some believe, deterred the adequate provision of pain management services."
Timothy S. Jost, Public Financing of Pain Management: Leaky Umbrellas and Ragged Safety Nets, 26 J. L. MED. & ETHICS 290, 290 (1998). [HTML] [PDF] $[Westlaw]

 

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