All eyes will be on Oklahoma this week when the first case in a flood of litigation against opioid drug manufacturers begins Tuesday.
Oklahoma Attorney General Mike Hunter's suit alleges Johnson & Johnson, the nation's largest drugmaker, helped ignite a public health crisis that has killed thousands of state residents.
With just two days to go before the trial, one of the remaining defendants, Teva Pharmaceutical Industries of Jerusalem, announced an $85 million settlement with the state on Sunday. The money will be used for litigation costs and an undisclosed amount will be allocated "to abate the opioid crisis in Oklahoma," according to a press release from Hunter's office.
In its own statement, Teva said the settlement does not establish any wrongdoing on the part of the company, adding Teva "has not contributed to the abuse of opioids in Oklahoma in any way."
That leaves Johnson & Johnson as the sole defendant.
Court filings accuse the company of overstating the benefits of opioids and understating their risks in marketing campaigns that duped doctors into prescribing the drugs for ailments not approved by regulators.
The bench trial—with a judge and no jury—is poised to be the first of its kind to play out in court.
Nora Freeman Engstrom, a professor at Stanford Law school, said lawyers in the other cases and the general public are eager to see what proof Hunter's office offers the court.
"We'll all be seeing what evidence is available, what evidence isn't available and just how convincing that evidence is," she said.
Most states and more than 1,600 local and tribal governments are suing drugmakers and distributors. They are trying to recoup billions of dollars spent on addressing the fallout tied to opioid addiction.
Initially, Hunter's lawsuit included Purdue Pharma, the maker of OxyContin. In March, Purdue Pharma settled with the state for $270 million. Soon after, Hunter dropped all but one of the civil claims, including fraud, against the remaining defendants. Teva settled for $85 million in May, leaving Johnson & Johnson as the only opioid manufacturer willing to go to trial with the state.
But he still thinks the case is strong.
"We have looked at literally millions of documents, taken hundreds of depositions, and we are even more convinced that these companies are the proximate cause for the epidemic in our state and in our country," Hunter said.
Precedent-Setting Case
The companies involved have a broad concern about what their liability might be, said University of Kentucky law professor Richard Ausness.
"This case will set a precedent," he said. "If Oklahoma loses, of course they'll appeal if they lose, but the defendants may have to reconsider their strategy."
With hundreds of similar cases pending—especially a mammoth case pending in Ohio—Oklahoma's strategy will be closely watched.
"And of course lurking in the background is the multi-state litigation in Cleveland, where there will ultimately be a settlement in all likelihood, but the size of the settlement and the terms of the settlement may be influenced by Oklahoma," Ausness said.
'There's Nothing Wrong with Producing Opioids"
The legal case is complicated. Unlike tobacco, where states won a landmark settlement, Ausness pointed out that opioids serve a medical purpose.
"There's nothing wrong with producing opioids. It's regulated and approved by the Federal Drug Administration, the sale is overseen by the Drug Enforcement Administration, so there's a great deal of regulation in the production and distribution and sale of opioid products," Ausness said. "They are useful products, so this is not a situation where the product is defective in some way."
It's an argument that has found some traction in court. Recently, a North Dakota judge dismissed all of that state's claims against Purdue, a big court win for the company. In a written ruling that the state says it will appeal, Judge James Hill questioned the idea of blaming a company that makes a legal product for opioid-related deaths. "Purdue cannot control how doctors prescribe its products and it certainly cannot control how individual patients use and respond to its products," the judge wrote, "regardless of any warning or instruction Purdue may give."
Now the Oklahoma case rests entirely on a claim of public nuisance, which refers to actions that harm members of the public, including injury to public health.
"It's sexy you know, 'public nuisance' makes it sound like the defendants are really bad," Ausness said.
If the state's claim prevails, Big Pharma could be forced to spend billions of dollars in Oklahoma helping ease the epidemic. "It doesn't diminish the amount of damages we believe we'll be able to justify to the judge," Hunter said, estimating a final payout could run into the "billions of dollars."
Hunter's decision to go it alone and not join with a larger consolidated case could mean a quicker resolution for the state, Ausness said.
"Particularly when we're talking about [attorneys general], who are politicians, who want to be able to tell the people, 'Gee this is what I've done for you.' They are not interested in waiting two or three years [for a settlement], they want it now," he said. "Of course, the risk of that is you may lose."
Looking For Treatment
Oklahoma has the second-highest uninsured rate in the nation and little money for public health. The state is trying to win money from the drug companies to pay for treatment for people like Greg, who is afraid he'll lose his job if we use his last name.
Greg and his wife, Judy, said they haven't been able to find the integrated treatment that Greg needs for both his opioid addiction and his bipolar disorder. It's either one or the other.
"They don't give you … a treatment plan for both," Judy said. "They just say 'Here, you can talk to this person.' They don't recognize that it's like self-medicating."
The couple live in Guthrie, Okla., about an hour north of the courthouse where the opioid trial will take place. Greg said he has been addicted to opioids for 11 years. People with prescriptions sell him their pills—sometimes Greg binges and takes 400 milligrams of morphine at once, a huge dose.
Of the $270 million Purdue settlement, $200 million is earmarked for an addiction research and treatment center in Tulsa, though no details have been released. An undisclosed amount of the $85 million Teva settlement will also go to abating the crisis. Judy said she hopes the treatment center will eventually help Greg.
"I wish he would stop using [opioids], but I love him. I'll always be here," she said.
This story is part of a partnership that includes StateImpact Oklahoma, NPR and Kaiser Health News, a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.
The practice, which appears to be spreading, lets families move critically ill children from the hospital intensive care unit to their home or hospice, with the expectation they will die within minutes to days after removing life support.
Anne Brescia sat beside her only child, Anthony, as he lay unconscious in a hospital bed at age 16. Just a few months before, he was competing in a swim meet; now cancer was destroying his brain. Brescia couldn't save her son. But she was determined to bring him home.
Anthony Gabriel Brescia-Connell was not conscious for his voyage from Boston Children's Hospital to his home in Medford, Mass., where he died on March 3, 2011, surrounded by his family and beloved stuffed animals. He may not have heard the parting blessings before a doctor turned off his portable ventilator and let him die naturally.
But having the choice to take Anthony home, away from the beeping hospital monitors, "meant the world to me," his mother said.
Anthony's journey was made possible through swift and unconventional efforts by the hospital staff, including a critical care transport team accustomed to rushing kids to the hospital to save their lives, not taking them home to die.
The experience galvanized Harriett Nelson, a nurse on that team who helped arrange the trip. It inspired her to conduct pioneering research on and advocate for "pediatric palliative transport"—a rare but growing practice that aims to give families choice, control and comfort at the end of life.
Palliative transport lets families move critically ill children from the hospital intensive care unit to their home or hospice, with the expectation they will die within minutes to days after removing life support.
It means "having parents go through the hardest thing they'll ever know—in the way they want to do it," Nelson said. Boston Children's has sent 19 children to home or hospice through palliative transport since 2007, she said.
These final journeys—also offered by Mayo Clinic, Children's Hospital of Philadelphia and Kentucky Children's Hospital—can involve elaborate planning, delicate transfers and even long helicopter rides. In some cases, families took a child far from home for a last-ditch effort to save their lives.
At Mayo Clinic in Rochester, Minn., palliative transport has helped culturally diverse families carry out end-of-life wishes for their dying children. In one case, a newborn girl rode 400 miles by ambulance to return to her Amish community, where she was extubated and died in her parents' arms, in the company of her 11 siblings. In another, an 8-month-old Native American girl traveled 600 miles by air and ground ambulance to her rural tribal reservation, where she could participate in end-of-life rituals that could not be done in the hospital.
These trips, which can cost thousands of dollars, are typically offered free to families, paid for by hospitals or charities. Most children are taken home, where they transition to receiving care from hospice staff. Some go instead to hospice facilities.
Dr. Megan Thorvilson, a pediatrician and palliative care specialist at Mayo Clinic, said palliative transport aims to address a gap between families' preference and reality. Most parents of terminally ill children would prefer that their child die at home, but most of these children die in the hospital, most commonly in the intensive care unit. Most pediatric ICU deaths happen in a controlled way, following the removal of life support, she noted. That means there may be time to move the child to an alternative location to honor a family's wishes.
Transporting children on life support is risky. At a palliative care conference, a nurse from Children's Hospital of Philadelphia described the difficulties staff faced in trying to fly a 10-year-old girl home to Michigan. After she was rolled on her side several times to be transferred between vehicles, the child died before the plane could take off.
And dying at home is not what every family wants.
"We do sometimes overly romanticize the death at home," Thorvilson acknowledged. Some parents would much rather have a child die in the hospital, with familiar nurses at the bedside for medical and emotional support. Some would rather keep this traumatic experience away from where they live.
Brescia, however, said she couldn't bear to return home without her son.
Brescia, a biologist who used to run an electron microscopy lab, wasn't sure if she and her husband, Brian Connell, would ever have kids. Fertility treatments didn't work. But on June 23, 1994, seven days before Brescia turned 44, she gave birth to a baby boy.
"Anthony is the love of my life," said Brescia, who is now 68. "The OB-GYN put him on my chest and I really thought that my heart was going to burst."
The mother-son bond was especially close: Brescia home-schooled her son for most of his life. Anthony grew to be 6 feet tall, full of curiosity. He loved identifying mushrooms, studied Arabic and oceanography, and aspired to go to MIT. He was an avid swimmer, competing on a team in Belmont, Mass.
One day in late 2010, while racing the backstroke, he became disoriented in the pool and was disqualified.
A neurologist prescribed rest. But over the next two weeks, Anthony grew only more tired and began to lose his balance. On Dec. 20, he was taken to Boston Children's Hospital and diagnosed with a brain tumor.
The disease "came out of nowhere," Brescia recalled. "He went from looking incredibly healthy and swimming like a healthy kid" to living at the hospital. At his bedside, she told him she'd bring him home to celebrate Christmas and eat stuffed shells.
His condition deteriorated very quickly. The tumor could not be surgically removed. Anthony pushed through radiation and chemotherapy with the hope of going home, but the treatments failed. By late February 2011, the tumor began pressing on his brain stem, and fluid was building up in his brain.
Anthony was unconscious, relying on a ventilator to breathe. Brescia connected with the hospital's palliative care team.
"I want to bring him home tomorrow," Brescia told the staff.
"I was scared to death he was going to have another incident," she recalled. "I didn't want them to do any more invasive procedures to reduce the pressure on his brain."
Staff from the ICU, palliative care and transport teams scrambled to honor her request. The critical care transport team arranged for the use of its ambulance, a mobile ICU the size of a small bus.
The night before the trip, Brescia said goodbye in the privacy of Anthony's hospital room.
"I don't want to lose you," she told him, holding his hands. "I'm going to let go. I want you to go where you need to be."
On March 3, 2011, Brescia and her husband boarded the bus along with Anthony, a chaplain, two doctors, Nelson and a nurse from the ICU. They rode 10 miles to the family's home, where Anthony was laid on a hospital bed in his living room, surrounded by his stuffed animals, on his favorite flannel sheets.
A pastor held a service for Anthony, and close family gathered to say goodbye. Then Brescia signaled for a doctor to disconnect the ventilator.
Anthony seemed to be at peace, Brescia said. After he died, she climbed into the bed with her son and held onto him for a while.
The death was still traumatic. But "it was really a gift to bring him home," she said. "It was a significant act of compassion and kindness and love on the part of the Children's staff."
After Brescia's experience, Nelson was inspired to offer the choice to more families. First, she interviewed Brescia and other parents about whether palliative transport had had a positive impact. All nine parents said it had. One family described holding a celebration when they brought their newborn baby home, even though he was about to die. They took family photos and used the nursery they had set up, establishing a brief sense of normalcy for four days before he died.
In her 14 years on Boston Children's critical transport team, Nelson has found that parents benefit from palliative transport for various reasons: At home, they're away from the noise of the hospital. They have control over who can visit. They feel more comfortable. And they don't feel rushed after their child dies.
Nelson created a protocol that allows the hospital to offer palliative transport in a more routine way. Now, when children come to any of the hospital's four ICUs, Nelson said, "we have the power to say, 'You have a choice when it comes to the end of life.'"
The practice appears to be spreading.
After Dr. Lindsay Ragsdale, director of the palliative care team at Kentucky Children's Hospital in Lexington, presented her protocol for palliative transport at a conference last year, staff from 20 hospitals asked her to share her checklist, she said.
Mayo's Thorvilson, who has worked closely on a half-dozen palliative transports, said it's possible these last-minute trips from ICU to home could be avoided by earlier referrals to hospice, which might get kids home sooner. But when children with complex illnesses get sick, she said, "sometimes it's hard to know whether this is just another bump in the road, or whether this is the natural end of the child's life."
"There's something really unique about a child dying," she said. "Everyone's heart breaks, and we want to be able to do all that we can to be able to support the family in the midst of the tragedy."
Eight years after Anthony's death, his bedroom remains untouched, his socks still folded in his top drawer, swimming trophies on the cabinet, slippers under his chair. Pictures of him adorn every room in the house—on the fridge, the kitchen table, the living room stereo.
Looking through photos one recent morning of her son fishing and blowing out birthday candles, Brescia struggled to hold back tears.
"I couldn't cure him," she said. "I failed to protect him from a tumor—that's how you feel. They did all they could. It wasn't enough. Bringing him home was the best I could do."
Shouldn't the primary goal of a health care system be delivering efficient care at a reasonable price, not rewarding shareholders or buttressing the economy?
As calls for radical health reform grow louder, many on the right, in the center and in the health care industry are arguing that proposals like "Medicare for All" would cause economic ruin, decimating a sector that represents nearly 20% of our economy.
While exploring a presidential run, former Starbucks chief Howard Schultz called Medicare for All "not American," adding, "What industry are we going to abolish next—the coffee industry?" He said that it would "wipe out the insurance industry."
A fellow at the libertarian Cato Institute wrote that it would "carpet bomb the industry." David Wichmann, the chief executive of UnitedHealth Group, warned that it "would surely have a severe impact on the economy and jobs."
It's true: Any significant reform would require major realignment of the health care sector, which is now the biggest employer in at least a dozen states. Most hospitals and specialists would probably lose money. Some, like the middlemen who negotiate drug prices, could be eliminated. That would mean job losses in the millions.
Though it will be economically painful, the point is to streamline for patients a Kafka-esque health care system that makes money for industry through irrational practices. After all, shouldn't the primary goal of a health care system be delivering efficient care at a reasonable price, not rewarding shareholders or buttressing the economy?
In 2012, Harvard economists Katherine Baicker and Amitabh Chandra warned against "treating the health care system like a (wildly inefficient) jobs program." They were rightly worried that the health care system was the primary engine of recovery from the Great Recession. And yet the revelation that the health care sector added more jobs last year than any other in the economy was greeted by many as good news.
It's not surprising that those involved in the business of medicine have joined forces in a lobbying and media campaign, the Partnership for America's Health Care Future, to ward off transformational reform, particularly Medicare for All. But fed-up voters seem ready to upend an industry that saps their finances, wastes their time and doesn't deliver particularly good care. Few people would mourn the end of $35 million annual compensation packages for insurance executives or the downsizing of companies that have raised insulin prices to 10 times what they are in Canada—though they might miss hospitals' valet parking and private rooms.
Well over half of Americans already say they have a favorable view of Medicare for All. Though approval falls off when confronted with details such as higher taxes, it is clear that the electorate is searching for something big. Change could come in many guises: for example, some form of Medicare expansion, government negotiations on drug prices or enhancing the power of the Affordable Care Act. The more fundamental the reform, the more severe the economic effect.
The first casualties of a Medicare for All plan, said Dr. Kevin Schulman, a physician-economist at Stanford, would be the "intermediaries that add to cost, not quality." For example, the armies of administrators, coders, billers and claims negotiators who make good middle-class salaries and have often spent years in school learning these skills. There would be far less need for drug and device sales representatives who ply their trade office to office and hospital to hospital in a single-payer system, or one in which prices are set at a national level.
Some geographic areas would be hit particularly hard. A single hospital system is by far the biggest employer in many post-manufacturing cities like Pittsburgh and Cleveland. Hospitals and hospital corporations make up the top six employers in Boston and two of the top three in Nashville. Hartford is known as the insurance capital of the world. Where would New Jersey be if drugmakers took a big hit, or Minnesota if device makers vastly shrank their workforce? (That may be why some Democratic representatives and senators from these left-leaning states have been quiet or inconsistent on Medicare expansion.)
Stanford researchers estimate that 5,000 community hospitals would lose more than $151 billion under a Medicare for All plan; that would translate into the loss of 860,000 to 1.5 million jobs. A Navigant study found that a typical midsize, nonprofit hospital system would have a net revenue loss of 22%.
Robert Pollin, an economist at the Political Economy Research Institute of the University of Massachusetts-Amherst, is frustrated not just by the doomsday predictions but also by how proponents of Medicare for All tend to gloss over the jobs issue.
"Every proponent of Medicare for All—including myself—has to recognize that the biggest source of cost-saving is layoffs," he said. He has calculated that Medicare for All would result in job losses (mostly among administrators) "somewhere in the range of 2 million"—about half on the insurers' side and half employed in hospitals and doctors' offices to argue with the former. Supporters of Medicare for All, he said, have to think about a "just transition" and "what it might look like."
Of course, if more people get health insurance under an expanded Medicare, there will be a greater need for some workers—like nurse practitioners and physician assistants. And there is a large unmet labor need in caring for an aging population. The latter are mostly low-wage jobs, however, and neither compensates for the losses.
Pollin suggests that a transition to Medicare for All should be accompanied by a plan to give those made redundant up to three years of salary and help in retraining for another profession.
Despite the short-term suffering caused by any fundamental shift in our health care delivery system, reform would ultimately redirect resources in ways that are good for the economy, many experts say.
"I'm sympathetic to the impact that changes will have on specific markets and employment—we can measure that," Schulman said. "What we can't quantify is the effect that high health care costs have had on non-health care industries."
The expense of paying for employees' health care has depressed wages and entrepreneurship, he said. He described a textile manufacturer that moved more than 1,000 jobs out of the country because it couldn't afford to pay for insurance for its workers. Such decisions have become common in recent years.
"Yes, these are painful transitions," said Baicker, who is now the dean of the University of Chicago's Harris School of Public Policy. "But the answer is not to freeze the sectors where we are for all time. When agriculture improved and became more productive, no one said everyone had to stay farmers."
A powerful congressional committee holds a hearing on single-payer health care.
It sounds like the perfect place for lawmakers looking to score easy political points and cut new sound bites for one of the nation's biggest policy debates. Right?
Not if you're talking about Wednesday's hearing in the House Budget Committee. Members from both political parties questioned Congressional Budget Office officials in a quest for new ammunition in a health care fight that has already lit up the 2020 campaign trail.
Would single-payer severely weaken the economy, or drive doctors out of business? Would it result in better, more affordable care for all Americans, or even save lives?
And, consistently, they were thwarted by two deceptively simple words.
"It depends."
Deployed in various forms by three of Washington's top number crunchers, that caveat underscored a point the same office made three weeks ago: "single-payer," or "Medicare for All," could play out in countless ways. And before policymakers can prognosticate about what such a shift would do, they need to answer some more basic questions.
No matter what, said Mark Hadley, the CBO's deputy director, "Moving to a single-payer system would be a major undertaking."
Unanswered questions, he said, include what kinds of benefits would such a system cover, what would it pay doctors for those services, might nurse practitioners or physician assistants play a greater role under that system, what kind of cost sharing would be left intact and who might pay more in taxes under that system?
Just the term "single-payer"—a system in which health care is paid for by a single public authority—leaves those nuances murky.
This open-endedness is why the CBO hasn't put a price tag on what it might cost, which is its job. That point came up repeatedly Wednesday, with Republican committee members suggesting the office look at the progressive-backed Medicare for All bill spearheaded by Rep. Pramila Jayapal (D-Wash.), also a Budget Committee member.
Democrats didn't request an estimate on any single single-payer bill because "there are so many ways of doing this," said committee Chairman John Yarmuth (D-Ky.). "It would be an enormous matrix of a lot of different numbers on it."
It's unclear, Hadley emphasized, whether single-payer would cost more in health care spending than the current system does. Medicare pays far less on overhead and administration than does private insurance. But still, that's only one variable.
Even without those numbers—or much cooperation from their witnesses—members did their best to try out attack lines.
Republicans painted a picture in which doctors would face pay cuts and abandon the practice of medicine, Americans would languish on waitlists for lifesaving medical care, and Washington bureaucrats would decide what health care is covered.
"Americans would have no choice but to wait longer and pay more for lower-quality care," argued Rep. Jason Smith (R-Mo.)—despite Hadley's repeated response that, actually, wait times, cost and quality would all be products of choices Congress makes in designing any single-payer plan, and not inherent to the system itself.
Democrats showed their own division.
Rep. Seth Moulton (D-Mass.), who is also running for president, argued that the CBO framework supported the need, not for single-payer but for the government to offer a so-called public option—a government health plan that competes against private insurance. Many a Democratic candidate has already backed this approach on the campaign trail.
Other members, like Rep. Ro Khanna (D-Calif.), focused on more sweeping changes, such as those backed by Jayapal and, on the Senate side, Vermont independent Bernie Sanders. (Khanna is a co-chair on Sanders' presidential campaign.)
Khanna argued that single-payer health care would increase wages for the lower 50% of workers, since their employers would no longer have to subsidize health care and could instead pay higher salaries.
"It's possible to design that system, yes," Hadley said.
But that possibility depends on several other factors: for instance, how much employers pass those savings back to employees, and how any new taxes to finance the new health care system are structured.
Or, to put it another way: "It depends."
Wednesday's hearing marked the second House discussion of single-payer—but it won't be the last time the Budget Committee discusses it. In her remarks, Jayapal called for the committee to hear testimony on her specific Medicare for All bill at a later date.
Republicans, including the committee's ranking member, Steve Womack (R-Ark.), support this idea, which could help them tie more moderate Democrats to the single-payer issue.
If they do, members will once again have to confront an inconvenient fact: Actual health reform is complicated and won't reduce to easy sound bites.
"The effects of such a system," as Hadley put it, "could vary greatly depending on the details."
In a country where most elder care is left to family, many LGBTQ people are estranged from relatives and don't have that option. Turning to others for care makes them uniquely vulnerable.
Two years ago, nursing professor Kim Acquaviva asked a group of home care nurses whether they thought she was going to hell for being a lesbian. It's OK if you do, Acquaviva said, but is the afterlife within your scope of practice?
After Acquaviva's talk, an older nurse announced she would change how she treats LGBTQ people under her care.
"I still think you're going to hell, but I'm going to stop telling patients that," the nurse told Acquaviva.
Acquaviva, a professor at the George Washington University School of Nursing in Washington, D.C., raised the example Tuesday at a panel hosted by Kaiser Health News on inclusive care for LGBTQ seniors. It was one of many examples of discrimination that these older adults may face as they seek medical care.
LGBTQ baby boomers, dubbed "the Stonewall Generation," came of age just as the 1969 New York uprising galvanized a push for gay rights. After living through an era of unprecedented social change, they're facing new challenges as they grow old.
"Fifty years after Stonewall, there's a new generation of LGBT elders who never thought they'd get an AARP card," said Nii-Quartelai-Quartey, AARP's senior adviser and national liaison on the issue who also participated in Tuesday's panel.
By 2030, there will be an estimated 7 million LGBT people in America over 50. About 4.7 million of them will need elder care and services, according to SAGE, an advocacy group.
In a country where most elder care is left to family, many LGBTQ people are estranged from relatives and don't have that option. Turning to others for care—in assisted living centers, nursing homes or hospice settings—makes them uniquely vulnerable.
"The fear of living in a situation where they can't advocate for their own care and safety is terrifying," said Hilary Meyer, chief enterprise and innovation officer for SAGE.
Three-quarters of LGBT people are worried about having adequate family or social supports, according to a nationally representative survey of AARP members released last year.
More than a third are concerned they'll have to hide their identity to find suitable housing as they age. And at least 60% are concerned about neglect, harassment and abuse, the survey showed.
Often, those fears are founded, according to results of a forthcoming survey of more than 850 hospice and palliative care providers about LGBT patients and family experiences.
"I think the information we've got is actually quite discouraging and quite concerning," said Gary Stein, a professor at the Wurzweiler School of Social Work at Yeshiva University who co-led the project.
Most providers surveyed said LGBT people received discriminatory care, he said. For transgender patients, two-thirds said that was true.
Caregivers reported hundreds of examples of disrespectful treatment, Stein said.
When LGBT couples would hold hands, staff "might roll their eyes, make faces at each other," he said. They often failed to consult the patients' partners, directing questions to biological family members instead.
In several instances, staff would "try to pray" to the patient or their family, Stein said.
Some LGBT patients were left in soiled diapers or rationed pain medication in a "punishing way" because of their sexual identity, he added.
"For transgender patients, there was lots of discomfort around what to call the person," Stein said. "A number of people said patients were called 'it' instead of a pronoun."
Twenty states have laws that specifically protect LGBT people against discrimination, but most don't, Stein noted. A recently enacted Trump administration "conscience rule" allows providers to decline to provide care that goes against their moral or spiritual beliefs. Advocates said the new rule could make it easier to discriminate against LGBTQ people.
Still, a growing number of senior housing and care sites are putting non-discrimination policies in place and training personnel to provide LGBTQ-inclusive care.
The SAGE staff has trained more than 50,000 people at more than 300 sites nationwide, Meyer said. They learn best practices for asking questions that don't perpetuate stigma.
"It's even something as simple as asking somebody, a woman, if her husband will be visiting," said Meyer, noting that the question forces the person to decide whether to announce her sexual identity. "Having to come out of the closet that way can be very challenging."
In a few high-profile instances, LGBTQ couples or individuals have sued providers for discrimination.
In 2016, Lambda Legal, a gay advocacy group, sued an Illinois senior residential facility for failing to protect Marsha Wetzel, 70, a disabled lesbian, from harassment and violence by other residents. The 7th Circuit Court of Appeals ruled that a landlord may be held liable under the Fair Housing Act for failing to protect a tenant from known, discriminatory harassment by other tenants.
Karen Loewy, Wetzel's attorney, would say only that "the matter has been resolved," and Wetzel is now living at a Chicago-area facility.
Last summer, in Missouri, a married lesbian couple, Mary Walsh, 73, and Bev Nance, 69, sued a senior-living facility that denied their housing application. The Friendship Village assisted living center cited a "cohabitation policy" that defines marriage as between one man and one woman as the reason.
A U.S. district judge dismissed the suit in January, saying that their claims of discrimination were "based on sexual orientation rather than sex alone." The distinction is important because neither federal nor state laws explicitly prohibit discrimination based on sexual orientation. The suit has been stayed pending Supreme Court decisions that could affect the outcome.
In the meantime, the couple has remained in their single-family home, where Walsh has developed health problems, said their lawyer, Julie Wilensky of the National Center for Lesbian Rights.
"They wanted to be planning in advance so that they would have stability when issues might come up in the future," Wilensky said.
Not every LGBTQ person will want to step forward in the way Wetzel, Walsh and Nance have, said Loewy.
"When you feel like you're being denied care … you may not want to be out there to wave the banner," she said.
Finding an LGBTQ-tolerant facility can be difficult. People are often bound by geography, and options are limited.
Still, LGBT people and their families can—and should—have candid conversations with potential caregivers before they make a choice, Loewy said.
One key question: Ask what kind of experience staff have working with LGBTQ people.
"If they say they haven't [treated any such patients], don't believe them," Loewy said. "You want to hear a real clear commitment to ensuring every resident of this facility is going to be treated with dignity."
Only a portion of the more than 423,000 mental health counselors, therapists, psychologists, and psychiatrists in the U.S. are trained in two key therapies recommended as part of PTSD care.
AUSTIN, Texas—Lauren Walls has lived with panic attacks, nightmares and flashbacks for years. The 26-year-old San Antonio teacher sought help from a variety of mental health professionals—including spending five years and at least $20,000 with one therapist who used a Christian-faith-based approach, viewing her condition as part of a spiritual weakness that could be conquered—but her symptoms worsened. She hit a breaking point two years ago, when she contemplated suicide.
In her search for help, Walls encountered a psychiatrist who diagnosed her with post-traumatic stress disorder. As a result, she sought out a therapist who specialized in trauma treatment, and that's when she finally experienced relief.
"It was just like a world of difference," Walls said.
Seeing herself as someone with PTSD was odd at first, Walls recalled. She isn't a military veteran and thought PTSD was a diagnosis reserved for service members. But her psychologist, Lindsay Bira, explained that she likely developed the mental disorder from years of childhood abuse, neglect and poverty.
PTSD has long been associated with members of the military who have gone through combat, and with first responders who may face trauma in their work. It's also associated with survivors of sexual assault, car accidents and natural disasters. Researchers have also found that it can develop in adults who've experienced chronic childhood trauma—from physical, emotional or sexual abuse by caregivers, to neglect or other violations of safety.
Walls was fortunate to find a therapist trained to treat PTSD. Outside of military and veterans' health facilities, finding knowledgeable help is often difficult.
Only a portion of the more than 423,000 mental health counselors, therapists, psychologists and psychiatrists in the U.S. are trained in two key therapies, called Cognitive Processing Therapy (CPT) and Prolonged Exposure (PE) therapy. These are treatments recommended as part of a patient's care by the American Psychiatric Association and the Department of Veterans Affairs, which has studied treatments for PTSD since it affects many service members.
There is no definitive tally of people trained in these therapies, and neither the American Psychiatric Association nor the American Psychological Association tracks this data. A 2014 study by the Rand Corp. found that only about a third of psychotherapists had the training. The VA says over 6,000 of its therapists have, although rosters for the CPT and PE organizations list just a few hundred total practitioners.
Nonetheless, the VA's National Center for PTSD wants to expand access to these treatments, and regional groups, including those in Texas, are following its lead. Texas has a need for more PTSD providers: It ranks No. 2 nationwide for its number of human-trafficking victims; it's the leading state for refugee resettlement; it has the most unaccompanied child migrants of any state; and Texas is second only to California in the number of military service members—all factors that raise the risk of PTSD.
UT Health San Antonio, a University of Texas medical school and hospital, teaches community mental health providers how to provide the two PTSD therapies through its Strong Star Training Initiative. Funded by the Texas Veterans + Family Alliance grant program and the Bob Woodruff Foundation, it has trained 500 providers since it started in 2017. Most training takes place in San Antonio, and many of the mental health professionals who participate are Texas-based, though they also come from Florida, Illinois and other states.
In February, about 20 therapists gathered in a conference room at the medical school for instruction. Calleen Friedel, a San Antonio-based marriage and family therapist, was one of them. She said she is seeing more people with PTSD and often feels inept at helping them.
"I would just do what I know and do my own reading," Friedel said. "And what I was taught in graduate school, which was, like, over 20 years ago."
The group learned about one of the mainstream therapies, Prolonged Exposure therapy, which gradually exposes patients to trauma memories to help reduce PTSD symptoms. Strong Star also teaches Cognitive Processing Therapy, which involves helping the patients learn to reframe their thoughts about the trauma. But both therapies—often referred to as "evidence-based treatments"—have been slow to gain traction among psychotherapists because they're closely scripted and differ from the common therapeutic approach to mental health issues.
Edna Foa, who created PE, said in a 2013 journal article that many psychotherapists believe delving into a patient's inner life and history is central to their work. By contrast, highly structured evidence-based treatments—with their pre- and post-session evaluations and their focus on symptom relief—can seem "narrow and boring," she wrote.
Indeed, some people living with PTSD have complained that the treatments don't work for everyone. But Foa and others argue the focused approach targets the brain's mechanisms that cause PTSD symptoms, and symptom relief is what many living with PTSD want.
Edwina Martin, a psychologist in Bonham, Texas, said treatments like the ones she's learning at Strong Star weren't mainstream when she finished school more than 10 years ago. She now is employed at a VA health center after working for a decade in prisons, and she said she wants these in her "tool bag."
The push to expand the workforce coincides with a growing understanding of trauma's effects. The National Council for Behavioral Health, a nonprofit organization of mental health care providers, calls trauma a "near universal experience" for people with mental and behavioral health issues.
Because so many patients think that PTSD is mostly a military problem, Bira said, they encounter a roadblock to recovery.
"I get that all the time," Bira said. "The beginning stages in treatment that I find with civilians are really about educating [them] about what PTSD is and who can develop it."
Patients are never asked about their immigration status, and the staffs have set up protocols in case the offices are raided by immigration authorities.
FRESNO, Calif.—On the 15-mile drive between his two Central Valley medical clinics, Dr. J. Luis Bautista often passes armies of farmworkers stooped over in the fields, picking onions, melons and tomatoes.
Most of the 30,000 annual office visits to his small staff of doctors and nurses in downtown Fresno and the nearby rural town of Sanger are by these farmworkers. Many of them are undocumented.
The 64-year-old physician has personal insight into the struggles of these laborers: He was once one of them. As a boy, he picked fruit alongside his parents and nine siblings in Ventura County. The family made $4,000 a year back then, a little over $30,000 in today's dollars—rarely enough to spare for doctor's visits.
These days, Bautista sees that many farmworkers still lack the transportation, money or time off from work to treat injuries, let alone seek preventive medical care. Plus, there is the heightened fear that by seeking medical treatment they might be exposed to federal immigration authorities.
"I pledged in medical school to help these people in the farm fields," said Bautista. "I knew how it felt not to have anything, not to have the money to go to a doctor."
Now he treats them whether or not they have money—or legal documents. "We never say no to patients," he said.
President Donald Trump's campaign pledge to deport an estimated 11 million immigrants who have entered the U.S. illegally has fostered fear among farmworkers nationwide. Terrified they'll be caught in an immigration dragnet, farm laborers across the San Joaquin Valley without U.S. citizenship or official documents avoid driving to see a doctor or visit an emergency room.
Although California law strictly limits the state's cooperation with U.S. immigration enforcement, some jurisdictions outside the Central Valley have decided to participate in federal efforts to detain undocumented workers. Many here fear that local officials will soon join them, Bautista said.
Farmworkers also worry that personal information housed in doctors' offices could find its way into the hands of federal authorities. And some fear that if they enroll in programs for low-income residents, they'll later be denied permanent residence, the so-called green card, or U.S. citizenship.
The Trump administration has proposed a federal rule change that would make it harder for legal immigrants to get green cards if they have received certain public assistance benefits, including food stamps, housing subsidies and Medicaid—the government-funded health care program for people with low incomes.
"Many people don't know what the government will do," Bautista said. "They tell me that one reason they don't go to the doctor is over fear they'll be reported."
Bautista's two clinics provide a haven for immigrants burdened by these concerns. Patients are never asked about their immigration status, and the staffs have set up protocols in case the offices are raided by immigration authorities.
"I feel secure with him," said Julia Rojas, a 45-year-old undocumented mother of five who has picked oranges in Fresno County for two decades. "He's one of us."
Bautista accepts as payment whatever his patients can offer: onions, handmade key chains, eggs, even live chickens.
Dan Baradat, a Fresno personal injury lawyer who has handled cases involving migrant workers, said Bautista's clinics are indispensable to the Central Valley's poorer residents. "They're stand-up people who provide care to people who could not otherwise afford it," he said.
[caption id="attachment_310148" align="aligncenter" width="1024"] Bautista, a former farmworker, runs two clinics in California's Central Valley providing care—often free of charge—for migrants who don't have money and are deeply worried about the federal government's hard-line stance on immigration. (John M. Glionna for KHN)[/caption]
Bautista's clinics are among a network of federally supported community clinics that provide care for nearly 1 million migratory and seasonal agricultural workers and their families around the U.S. But few providers have a better connection to the community they serve than Bautista, who in 2013 founded a nonprofit that raises money to assist low-income farm families with food and clothing, and provides scholarships to send their children to college.
Born in Fresno, Bautista was deported with his parents when he was just 3 months old. He lived in Mazatlán, Mexico, until he returned to the U.S. at age 12.
In 1979, at age 24, he was picking lemons when his mother came running out to the fields with the letter announcing he'd been admitted to medical school. She'd always been big on education for her 10 children.
Bautista attended the Medical College of Wisconsin in Milwaukee and did his residency in internal medicine at the University of Nevada-Reno.
Today, Bautista's two sons are also doctors, as is his son-in-law, who was a farmworker before attending medical school and has joined the clinic. They all know that fear of deportation is affecting farmworkers' health.
Dr. Ed Zuroweste, founding medical director of the nationwide Migrant Clinicians Network, said a recent survey of providers within the organization underlined these fears.
"What we're seeing on the front lines is that farmworkers and their families are not coming in for regular appointments as frequently as they had before," he said.
Bautista said many undocumented farmworkers rely on home remedies to treat ailments such as diabetes and high blood pressure, often until it's too late for effective medical treatment. "By the time I see many diabetic patients, their feet are already necrotic and we have to amputate," Bautista said. "It's terrible to see."
Jose Jimenez, a former farmworker, said his father, who is not in this country legally, was too afraid to drive to Bautista's office, even after developing signs of melanoma on his face. His dad's fears were heightened last year following the death of an undocumented couple, the parents of six children, whose van overturned while they were fleeing federal immigration officers in nearby Delano.
"He was even afraid to drive to the supermarket," said Jimenez, 30. "He knew that if he was picked up, he'd be deported. For a close-knit family like ours, that would mean losing everything." But Jimenez finally persuaded his father to visit Bautista.
Bautista's clinics are on guard against U.S. immigration officials, known in this community as la migra.
Law enforcement officials requesting records are asked for a warrant, and staff members are on the lookout for intruders. "By the time any ICE officers got inside the office," Bautista said, "we'd have people hiding in the restrooms."
Julia Rojas said her fears of deportation almost killed her. Years ago, before she began seeing Bautista, she chose to ignore the piercing pain in her lower abdomen. In the U.S. without papers and afraid to drive, she spent nearly a day drinking mint leaves in hot water—a remedy her mother used for stomach pain back in Mexico.
Unable to stand the spasms, she finally went to the nearest emergency room, where doctors removed her gall bladder. "Among undocumented workers in the fields, we have a dark little joke," Rojas said. "You can survive out here. Just don't get sick."
Justices won’t alter the rule that prevents active-duty military members from suing the government for negligence. The challenge came from the family of Navy nurse Lt. Rebekah 'Moani' Daniel, who died in 2014 after bleeding to death following childbirth.
The family of a young Navy nurse who died after military doctors allegedly failed to halt massive bleeding following childbirth won't get a hearing in the nation's highest court.
The Supreme Court on Monday denied a petition that sought to change what's known as the Feres doctrine, a long-standing rule that bars active-duty military members from suing the federal government for injuries, including medical malpractice.
The justices declined to discuss the case of Navy Lt. Rebekah "Moani" Daniel, who was 33 in 2014 when she died following a massive postpartum hemorrhage at the Naval Hospital Bremerton, within hours of the birth of her daughter, Victoria.
In court documents, Justice Ruth Bader Ginsburg said she would have granted the petition. Justice Clarence Thomas dissented from the decision, arguing that it was up to the court to reconsider the rule in the absence of a decision by Congress. He noted that the court in recent rulings "twisted traditional tort principles" to allow certain veterans to seek damages for negligence.
"Such unfortunate repercussions—denial of relief to military personnel and distortions of other areas of law to compensate—will continue to ripple through our jurisprudence as long as the Court refuses to reconsider Feres," he wrote.
Through a lawyer, the nurse's widower, Walter Daniel, and her daughter, Victoria, now 4, argued that the court should amend the 1950 ruling to allow service members to sue for medical malpractice the same way civilians can.
"Sadly, the justice system remains closed to our family, our colleagues and the families who commit their lives to military service," Daniel, 39, said in a statement Monday. "Victoria and I won’t have the opportunity to learn what led to Moani's death, and to ensure others don't experience the same tragedy."
Andrew Hoyal, Daniel's lawyer, said he was "clearly disappointed" at the decision but heartened at the responses from Thomas and Ginsburg.
"We knew from the beginning that this would be a long journey with even longer odds," he said.
Rebekah Daniel died on March 9, 2014, at the Washington state facility. In a 2015 wrongful death lawsuit, her husband claimed that she died from botched medical care that failed to halt hemorrhaging of nearly a third of the blood in her body.
Daniel, a former Coast Guard officer, disputed the findings of a Navy autopsy that concluded Rebekah Daniel died of "natural" causes possibly linked to a rare, hard-to-prove complication of childbirth.
But that lawsuit and subsequent appeals were dismissed not based on the facts of the case but because of the Feres doctrine, which holds that active-duty members of the military can't sue under the Federal Tort Claims Act for harm that they incur "incident to service."
The ruling was last challenged in the high court more than 30 years ago when the justices voted 5-4 to uphold it. That decision drew a scathing dissent from Justice Antonin Scalia, who declared the rule should be scrapped. More recently, Justice Thomas also argued it should be amended.
Since then, however, the court has refused to accept two previous petitions that would have allowed reconsideration. The Daniel request beat the odds. Of the 7,000 to 8,000 cases submitted to the Supreme Court each term, only about 80 are accepted.
Congress has considered amending the Feres rule in the past but stopped short of action. In April, Rep. Jackie Speier (D-Calif.) introduced H.R. 2422, which would allow active-duty service members to sue the government for damages caused by medical malpractice. The bill has been referred to the House judiciary committee.
Daniel said he would continue to work with lawmakers and advocates to change the rule.
"Our case and our fight is over—but it continues for other service members. Moani's story has generated a groundswell of momentum to correct the injustice of Feres, and now this issue is going all the way to Capitol Hill," the statement said.
Missouri retained its lonely title as the only state without a statewide prescription drug monitoring program — for the seventh year in a row — after the legislative session ended Friday.
Patient advocates, politicians, experts and members of the medical community had hoped this would finally be the year Missouri would create a statewide electronic database designed to help spot the abuse of prescription drugs. After all, Republican Gov. Mike Parson had pushed for it and, more important, its longtime opponent was no longer in office to block it.
But, because of ongoing fears about privacy violations tangled up with gun control, the bill never got a full Senate vote. And finance site WalletHub last week ranked Missouri third worst in the country for its drug use based on a review of arrests, overdose rates, opioid prescriptions and other measures.
Katie Reichard, a lobbyist with Missouri Primary Care Association who has been working in and around the Missouri legislature for almost 15 years and previously pushed for the issue, said this proposal has bedeviled the state capital as none other while the opioid crisis continues to rage nationwide.
"I've never seen anything take seven years to get anywhere, and especially something that's going to be put into place to save lives."
Missouri's cities, neighboring states and the federal government have been forced to create a patchwork of incomplete workarounds. Those include a voluntary program tracking patients' prescriptions run by St. Louis County that receives federal funding and a statewide monitoring system put into place by former Republican Gov. Eric Greitens that tracks physicians' prescriptions.
And yet, the state cannot seem to legislate a complete fix. "It's frustrating to watch the rest of the country get this done and watch Missouri be the last one," said Dr. Sam Page, the St. Louis County prescription drug monitoring program architect and current St. Louis County Executive.
To be sure, the databases don't eliminate the ability of drug abusers to acquire prescription opioids. But the federal Centers for Disease Control and Prevention has called such statewide patient monitoring databases "among the most promising state-level interventions" to improve opioid prescribing and protect at-risk patients.
It's an embarrassment Missouri can't figure out its own statewide system, often referred to as a PDMP, according to St. Joseph pharmacist JulieMarie Nickelson. "No one in the pharmacy or medical world really understands it," she said.
Privacy, Guns And Opposition
While a PDMP bill has been introduced every year in the Missouri legislature since 2005, it was initially championed by the minority Democratic Party, which meant it didn't have much of a shot at passing until 2012.
Then New Hampshire approved a statewide program in 2012, leaving Missouri as the sole holdout. That pressure, combined with an uptick in awareness of drug abuse, led to a swell of bipartisan agreement.
A statewide PDMP bill passed the Missouri House handily that year, then met its biggest adversary: Republican state Sen. Robert Schaaf, whose district stretched from Kansas City to St. Joseph along Missouri's western border.
Since then, Schaaf — who is also a family physician — filibustered or insisted on kill clauses that would never pass the House, citing his concerns over privacy and personal liberty issues along with his belief it was an ineffective tool. Year after year, his efforts would defeat PDMP bills.
Schaaf has said the risk of a database of patient information being hacked — and the government having access to the information — far outweighed the potential benefits. He also tapped into underlying fears of privacy violations, driven in part by a 2013 scandal over the Missouri Highway Patrol turning over a database of concealed weapons permit holders to a federal agent.
"I've always been opposed to taking private citizens' information and putting it on a government database to which many, many people have access," he told Kaiser Health News. "My understanding is there is no computer information to which the NSA is not privy. How long is it going to be 'til this is used to pare down the number of people with concealed weapons or weapons at all?"
By stoking privacy fears and connecting them to gun rights, Schaaf also helped tap into grassroots far-right opposition that lives on to this day. A YouTube video tweeted by this year's anti-PDMP supporters details how the St. Louis County monitoring system could be used in "passing your personal information on to the federal government, which could use it to infringe on your right to bear arms."
To date, the only reported hack has been of Virginia's PDMP database, though it is unclear if the hackers were able to access medical records.
Over the years, Missouri's PDMP advocates, led by Republican Rep. Holly Rehder, unsuccessfully tried to assuage such concerns by offering amendments to delete records older than three years and ensure medical information could not be tied to buying a gun. And while Schaaf did an about-face in 2017 and agreed to stop filibustering the proposal, he effectively killed it with his only stipulation: that all physicians be required to use it. That measure, which took away the inherent voluntary aspect of the PDMP, failed in the House.
"If they're going to take our liberty away for something that's never been proven to work, doctors have to use it," Schaaf told Kaiser Health News.
The former head of the St. Louis County Health Department, Faisal Khan, who in 2017 helped start the voluntary county-based PDMP program that now covers other portions of the state, claims the opposition goes deeper than what he called "totally unfounded" privacy concerns.
"They view St. Louis County and St. Louis City and St. Louis, in general, as this liberal Democratic bastion that they don't want anything to do with," he said. "It's the usual nonsense that we're seeing around the country at the moment, and it's stymying progress in the parts of the state where we need it the most."
But this year, Schaaf had hit his term limit of eight years in office and did not return to the Missouri Senate. Finally becoming like every other state seemed within reach — until a group of six Republican state senators formed a new conservative caucus and filibustered yet again over the issue, citing the same privacy issues and civil liberties.
"The conservative caucus has carried his torch on," Reichard said.
A Series Of Workarounds
Now, because the legislature has refused to move on the issue, cities, states and the federal government must continue to rely on the stopgaps they created to help address the opioid problem ravaging Missouri.
Today, 72 jurisdictions have opted into St. Louis County's voluntary prescription drug monitoring system so pharmacists and doctors could check a patient's other prescriptions. It now covers 84% of the state's population.
For Nickelson, a pharmacist at Rogers Pharmacy in the city of about 76,000 people, the voluntary database means she no longer has to spend upward of 30 minutes on the phone tracking down whether a patient had prescriptions for drugs elsewhere.
"It's really helpful to us as it makes it so we can make sure that patients aren't taking medications that interact and can increase risk for an overdose," she said. "We just want to make sure our patients are safe, and we want to make sure medication that's not necessary doesn't get into the community."
Since her city's voluntary PDMP has been in effect, she estimates she sees a handful fewer people each week who were doctor-shopping, a particular risk considering the pharmacy is less than 5 miles from the Kansas border.
Missouri was a premier destination for pill-shopping, Page said, but that's changed.
"Our PDMP is first-class, as any in the country," Page said. "We have gaps, but those will continue to fill in. If the state continues to not move forward with this, then St. Louis County will continue to do the right thing."
And while St. Louis County built its voluntary database in part with $200,000 from the U.S. Department of Justice, interstate sharing of the data with neighboring Illinois, Kansas and Oklahoma didn't happen until February. Eight states border Missouri and more states are expected to collaborate with St. Louis County's system this year. But data-sharing can occur only among states that have managed to bend or rewrite their regulations to accommodate the one state in the nation without a statewide program.
Tennessee even created and passed legislation to allow it to communicate with the St. Louis County program while Missouri was still haggling over its PDMP bill, according to Spring Schmidt, acting head of the St. Louis County Department of Public Health.
The system that Greitens created when governor, along with Express Scripts, to monitor physicians' prescriptions for unusual patterns led to 50 referrals to the Missouri Healing Arts Board — the disciplinary board for medical practitioners in Missouri — for prescribing issues since March 2018, according to Missouri's head of Health and Senior Services, Dr. Randall Williams.
Ideally, Williams said, he would love to combine a statewide version of the voluntary PDMP system with Greitens' physician-monitoring one, but he's waiting on the legislation.
Reichard can't help but wonder why the state won't join the rest of the nation in passing it.
"I'm not saying do what everyone else is doing," she said. "But if 49 other legislatures are saying 'This is important, we need to save lives,' I don't understand why Missouri can't find a way to compromise and do what's best for its citizens."
Many healthcare workers say the physical and verbal abuse come primarily from patients, some of whom are disoriented because of illness or from medication.
This article was first published on Monday, May 20, 2019 in Kaiser Health News.
Across the country, many doctors, nurses and other healthcare workers have remained silent about what is being called an epidemic of violence against them.
The violent outbursts come from patients and patients' families. And for years, it has been considered part of the job.
When you visit the Cleveland Clinic emergency department — whether as a patient, family member or friend — a large sign directs you toward a metal detector.
An officer inspects all bags and then instructs you to walk through the metal detector. In some cases, a metal wand is used — even on patients who come in on stretchers. Cleveland Clinic officials say they confiscate thousands of weapons like knives, pepper spray and guns each year. The metal detectors were installed in response to what CEO Tom Mihaljevic calls an epidemic.
"There is a very fundamental problem in U.S. healthcare that very few people speak about," he said, "and that's the violence against healthcare workers. Daily — literally, daily — we are exposed to violent outbursts, in particular in emergency rooms."
Many healthcare workers say the physical and verbal abuse come primarily from patients, some of whom are disoriented because of illness or from medication. Sometimes nurses and doctors are abused by family members who are on edge because their loved one is so ill.
Cleveland Clinic has introduced other safety measures — such as wireless panic buttons incorporated into ID badges and more safety cameras and plainclothes officers in ERs.
But these incidents aren't limited to emergency rooms.
Allysha Shin works as a registered nurse in neuroscience intensive care at the University of Southern California's Keck Hospital in Los Angeles. One of the most violent incidents she has experienced happened when she was caring for a patient who was bleeding inside her brain.
The woman had already lashed out at other staff, so she had been tied to the bed, Shin said. She broke free of the restraints and then kicked and punched Shin in the chest — before throwing a punch at her face.
"There was this one point where she swung, and she had just glanced off the side of my chin. If I hadn't dodged that punch, she could have knocked me out," Shin said. "And she very well could have killed me."
The encounter left Shin shaken and anxious when she returned to work days later. She still has flashbacks.
She used to be afraid to speak about these types of attacks, she said, because of what she calls a culture of accepting violence in most hospitals. "It is expected that you are going to get beat up from time to time," Shin said.
According to the Occupational Safety and Health Administration, incidents of serious workplace violence are four times more common in healthcare than in private industry. And a poll conducted by the American College of Emergency Physicians in August found nearly half of emergency physician respondents reported having been physically assaulted. More than 60% of them said the assault occurred within the previous year.
Groups representing doctors and nurses say that, while the voluntary safety improvements that some hospitals have enacted are a good first step, more needs to be done.
There is still a code of silence in healthcare, said Michelle Mahon, a representative of the labor group National Nurses United. "What happens if they do report it?" she said. "In some cases, unfortunately, they are treated as if they are the ones who don't know how to do their job. Or that it's their fault that this happened."
"There's a lot of focus on de-escalation techniques," Mahon added. "Those are helpful tools, but oftentimes they are used to blame workers."
In California, the nurses' labor union pushed for a law giving OSHA more authority to monitor hospital safety. The group is now backing a national effort to do the same thing. "The standard that we are recommending federally holds the employer responsible," Mahon said. "It mandates reporting of incidents and transparency."