Mitigate Risk and Improve Patient Outcomes with Individualized Consulting and Support
Jodi has the tools and experience to get your team focused on doing what it takes to prevent harm, treat pain, and mitigate liability.
TOOLS YOU NEED TO INFORM, MONITOR, AND DOCUMENT
Get the Protocols you need to mitigate civil liability and treat patients effectively. Learn about the current legislation and how it affects your treatment plan. Get access to hundreds of customizable treatment forms and the proper way to inform, monitor, and support your patients with a comprehensive treatment plan.
The CDC Guidelines, and one page informed consent and controlled substance agreements required by the state are not enough to protect you in a court of law. According to Pain News Network, "Although the guideline is voluntary and only intended for primary care physicians treating non-cancer pain, many pain patients have been forcibly tapered to lower doses, cutoff entirely or even abandoned by their doctors – all under the guise of preventing addiction and overdoses." With the Switalski Informed Consent documents, you'll get all the tools and information you need to put protocols in place to mitigate culpability.
Contact Jodi for a comprehensive consultation that will put your practice on a path to Be The Change.
PRACTICE AND WORKPLACE AUDITS, COMPLIANCE REVIEW, AND RECOMMENDATIONS
Medical/Dental: Full compliance and best practice audits that meet and exceed DEA, state licensing boards and other internal review by enforcement agencies. Confidential, evidence based, proven, and thorough, the client is provided a summary of observations, strengths and weaknesses, recommendations for improvement, as well as the documentation that forms the foundation for a successful compliance audit in the future.
Workplace: Assessing systems and policies within the workplace where lack of compliance exposes the company/employer to millions of dollars in liability exposure. This audit includes an assessment of Drug Free Workplace policies specific to your location(s), identifying any issues with documentation, employee assistance programs, urine drug screening, as well as any other potential problems.
For a fraction of what you would pay a lawyer to represent you in court, you can take preventive measures to mitigate harm to your patient, your practice and your liabilities.
STEP 1: Full Compliance and Best Practices Audits That Meet and Exceed DEA, State Licensing Boards, and Other Internal Review by Enforcement Agencies
Confidential, evidence based, proven, and thorough, the client is provided a summary of observations, strengths/weaknesses, recommendations for improvement, along with the documentation that forms the foundation for a successful compliance audit in the future. Opportunity exists for implementation consulting and follow up. For a fraction of what you would pay a lawyer to represent you in court, you can take preventive measures to mitigate harm to your patient, your practice and your liabilities.
STEP 2: Implementation Phase
With a background in treatment and medicine, the recommendations following audit are scientifically based, multi-disciplinary and comprehensive. Content provided, when implemented, not only mitigates liability but ensures surviving an audit as well.
“I have worked with hospital associations as large as 6000+ practitioners (at the Western Connecticut Medical Group) to solo practitioner offices around the country. These protocols and practice tools work to effectively inform your patients of the risk of addiction (PA 246 and more), create treatment systems for your practice (PA 247 and 248), meet and exceed current regulatory and legislative mandates which currently provide no direction on the process or “how to”.”
Examples of Audit Content Include:
- Surviving the DEA audit or diversion investigation
- Having a designee
- Knowledge and application of the Controlled Substance Act
- Being prepared with documents to avoid culpability or further investigation
- Knowing what to audit and when in the office
- What records and forms need to be documented for chain of custody when receiving controlled substances in the office? Handling waste or excess controlled substances? Missing controlled substances?
- Rules for prescription pad and prescription documentation
- UDS, Pill Counts, PDMP, Aberrant Behaviors, Sleep, Mental Health Monitoring, MEDs – what, why and how? Achieving the most from your monitoring strategies while mitigating risk
- Specific compliance rules for refilling a prescription
- Exceeding the statutory requirements of PA 246, 247 and 248 to achieve best practices for informing your patient, monitoring you patient for signs of a disease, and documenting that you have done so!
- UDS Standards of Care and Best Practices
- UDS as a therapeutic tool – a positive drug test, now what?!
- Removing termination language and treating the disease state (or be sued)
- Documentation to support and justifying the medical necessity
- Red Flags and your response
- Understanding the overlap between best practices and surviving an audit or investigation
- Detail how to inform and obtain legal consent - for Michigan, this includes using the Start Talking form which does not prevent liability
- Start breaking down processes for risk stratification, patient history and more - where to begin? when to begin the information gathering?
- A discussion of the necessity of objective and subjective information gathering as part of due diligence; how to document risk scores and move within each category
- What are the best assessment tools to use? ACES, PHQ-9 and more
- Shifting the paradigm from informed consent/controlled substance agreements/pain management contracts to treatment plans and patient algorithms to reduce risk
- What language to use
- How to employ in your practice (successfully eating the 5-pound burger)
- Measuring efficacy of treatment plan and creating reasonable expectations and investment by patient
- Procedural and form components of informed consent – going beyond Start Talking
- Various types and use, the necessity of more
- Explaining risks v. benefits monitoring for treatment plan compliance
- Best practices for compliance monitoring - doing your due diligence
- Achieving consent - 1x/year is never enough and the impact of the multi-million dollar verdict
- The interaction of informed consent and office protocols - creating systems that work
- Termination and medical abandonment when prescribing controlled substances - why the treatment plan serves multiple purposes
Given the current activity by LARA, civil litigators and the Attorney General, and all the questions and requests for information, there is significant need to update systems in order to meet the requirements for best practices and the good faith effort standards. Most practices are severely out of date or in some cases, policies are non-existent. This exposes you to legal liabilities.
Your area of expertise is medicine. Mine is risk mitigation and the law.
This is an expanding reality for each of you whether you like it or not. The fairness is simply not in issue. By learning and implementing some of these tools, you can feel secure in your practice and the therapeutic outcomes for patients. Isn’t that the goal?
Call (248) 224-9482 to Speak With Jodi Switalski About Reviewing Your Compliance Policies and Practices
It is estimated that 70% of the 14.8 million Americans who abuse drugs are employed and in the workplace, costing US business owners more than $140 billion annually. This includes the use of marijuana. So whether you agree or disagree with the use and legalization of medical and recreational marijuana, following the election cycle in November of 2018, 33 states have legalized medical marijuana and ten have legalized recreational use.
The first question you should be asking, “Is my business/company/workplace prepared to address the myriad of issues that this presents?”The next question could be, “In what state is my business(es) located?” Or, “How many federal dollars do I receive?”
“Can I terminate an employee who tests positive even with a legal prescription?”
Without argument, the questions are starting to flood your mind and let me reassure you, with the ever-fluid state of marijuana legislation, the incongruence with Federal law and the shifting public policy, the answers are constantly changing. Two things are without fail (at this very moment): 1. You must have a policy regarding drug use and 2. You should have a policy that addresses impairment and intoxication in the workplace. These and other key issues to assist you in creating solutions to this every changing issue include:
- What marijuana is and isn’t – a discussion of hemp, CBD, marijuana and more;
- Who are the users and why – understanding the science behind the medical theory;
- Marijuana as an addictive substance and addictions impact on the workplace, costs to the employer and more;
- The current conflicts between State and Federal laws and the disparity that exists within each jurisdiction locally and nationally (a discussion of regional differences);
- Shifting trends in substance abuse and the relationship with Drug Free Workplace Policies, Employee Assistance Programs, the EEOC and more;
- The impact of the ADA and Discrimination in the Workplace as it relates to legal prescription substances including medical marijuana;
- Drug testing, drug testing, drug testing;
- Status of the law and litigation (liabilities) that exist relating to substance abuse in the workplace, drug screening and failure to train and inform with recommendations to cure liabilities and reduce costs;
- Creating effective solutions for the workplace that protect you and your employees while saving you money – the “Be the Change.”
For more information, contact Jodi Debbrecht Switalski at (248) 224-9482
ROUND TABLE DISCOVERY SESSIONS & TAILORED ACTION PLANS
Round table discussions are an informative, solution-oriented, and cooperative way to create systems specific to your organization. Why recreate systems on your own from the ground-up when the majority of the structure has been done for you?
Open and frank discussions with your team about opioid addiction, your current procedures, and how everyone on your team has a responsibility not only to do no harm, but also to prevent harm. Your team will leave the event with a new perspective on America's health epidemic and the role each of us plays in changing how we think about this preventative disease.
How Can Round Table Discussions Benefit Me?
Below is a collection of a few of the more commonly asked questions:
- What are the mandatory screening questions to ask BEFORE prescribing a controlled substance?
- When does the screening start?
- What information should I use to engage in risk stratification?
- Is a controlled substance already involved?
- Does a practice algorithm already exist?
- When do we require a drug screen, or a prescription drug monitoring program check?
- How do we manage medication assisted treatments?
- Who do we screen, and when?
- What other monitoring strategies reduce red flags and other legal risks?
- When do I utilize the informed consent treatment plan?
- What constitutes legal consent? What are the mandatory issues that must be covered for an informed consent / controlled substance agreement to meet best practices for truly informing my patient and obtaining consent?
- How do I handle refills?
- How do I manage patient non-compliance or inability to comply with the treatment plan?
- When do I need to make referrals for the patient? What resources are available to me?
- How do I mitigate medical abandonment issues?
- When is it okay to terminate a patient from my practice?
“[Judge] Jodi is a warrior in the front lines of the opioid crisis in medicine. She is a voice for patients., family members, prescribers, and our community. Her presentation led to a paradigm shift in our office. She presents the truth of this epidemic with a heart for protecting patients as well as providers. She is passionate about helping prescribers gain confidence with using opioids as part of an effective treatment plan while keeping patients informed and safe. Primary care is a battlefield in this drug war, and she equipped us to fight to win. During a round table discussion, she was informative and compassionate, and allowed our providers to express concerns while keeping us focused on the importance of making changes. She has a deep knowledge of the legal issue, as well as of the barriers that providers face in changing their prescribing habits. [Judge] Jodi was encouraging without being judgemental or accusatory. She has been a valuable resource as we develop a new and solid procedure that allows us to practice excellent medicine while focusing on patient safety. With the use of her resources, we have been able to advance our procedures in a way that would have been impossible without them. Any prescribing provider who wants to do the right htingsfor their patients and their practice in the opioid epidemic would greatly benefit from partnering with [Judge] Jodi.”
Beth Gentner, Director of Clinical Services, (Fenton Medical Center)
“[Judge] Jodi brings tremendous passion and a fresh perspective to the national controlled substance epidemic. Her specific knowledge of the numerous new Michigan prescribing laws provided more insight into the intent of these laws. As both a family Medicine department chair and a medical compliance officer, her unique insight has given me numerous new tools to help educate and protect physicians regarding this current and very hot topic.”
Glenn Taylor, MD, (Southfield, MI)
Call (248) 224-9482 to Contact Jodi Switalski about Speaking at Your Conference, Event, or Seminar
Round table discussions are informative, engaging, and fun for everyone who attends. They provide the ideal setting to discuss infrastructure solutions.
AN INFRASTRUCTURE TO SUCCEED
Legal measures, treatment options, and how to identify controlled substance misuse and abuse. Get specific practices in place to help you balance patient care and pain management while avoiding opioid addictions that can lead to civil and criminal responsibility.
Decide today to make protecting your patients and your practice your priority.
- Provide speaking engagements for employers’ treatment systems, risk evaluation and liability/culpability mitigation strategies, current legislation, evidence based best practices, case law and more (See objectives)
- Provide ad hoc consulting (“round tables”) on current treatment systems, protocols, informed consent/controlled substance agreements, patient flow/algorithms, risk stratification and more
- Provide documents and protocols including an editable controlled substance agreement, policy suggestions, adolescent/pediatric controlled substance agreements, parental consent and all associated fact sheets, refill sheets, and more pursuant to the attached proposal. Documents and protocols licensed for use by all members and legally associated, registered, license and/or who pay membership to affiliated organization.
- Review and cooperatively edit current/existing Controlled Substance Policies/Controlled Substance Agreements (informed consent agreements related to the prescribing of controlled substances) or other similarly named documents already in existence and/or use, family history and associated office workflow related to the use of controlled substance agreements.
- Provide timely distribution of recommended best practices for compliance and risk mitigation strategies Controlled Substance Agreement templates for general practitioners, juvenile/minor/incapacitated individuals, acute care (when available) and dental templates. Corresponding protocols, refill sheets and supporting documentation and reference materials are also provided. All documents are templates and are intended for the use of organization to be amended for use and unlimited distribution within client organization and its providers only.
- Webcast and off-site services available
- All presentations are CME accredited
- Discount for multiple services
- Provide speaking engagements to executives, supervisors, employees and more on the importance of creating safe work environments and those free from illegal prescription drug use and abuse. Engagements include a discussion of the current substance abuse epidemic in the country along with solutions for updating existing drug free work place policies, employee assistance programs, drug testing policies, and creating therapeutic systems of reporting to facilitate a safety conscious workplace that focuses on employee retention and confidentiality. Risk mitigation and cost savings measures are discussed throughout along with the impact of the ADA, EEOC, current state and national legislation and litigation trends.
- Provide ad hoc consulting (“round tables”) to vet existing policies and programs making recommendations based upon the shifting trends and existence of the often-unrecognized prescription drug epidemic.
- Review and cooperatively edit current/existing policies and programs.
- Provide timely distribution of recommended best practices for compliance and risk mitigation strategies. All documents are templates and are intended for the use of organization to be amended for use and unlimited distribution within client organization and its providers only.
- Webcast and off-site services available
- Discount for multiple services