52 y/o Harvey C. Jenkins, MD, a graduate of Duke School of Medicine and Harvard-trained spine surgeon in Oklahoma City, OK is another physician illegally attacked by the out-of-control DOJ. Twenty-nine false felony charges and one misdemeanor charge were filed against him for “running an operation to dispense prescription pills without a legitimate medical purpose”. The ridiculous charges include: to illegally possess/distribute/dispense/prescribe controlled dangerous substances within 2,000 feet of a public park; making or causing to be made false Medicaid claims; conspiracy to fraudulently obtain personal identity of another person; and illegally practicing medicine without a license.
In order to not allow the doctor defense witnesses, and to get office employees to testify against him even to the point of perjury to save themselves, five employees were accused as being co-conspirators, each charged with various combinations of the charges Dr. Jenkins faces. In order to charge the doctor criminally using Title 21[which actually exempts physicians from criminal prosecution when treating patients] US Attorney Scott Pruitt used the phrase “drug dealers with prescription pads.” The attorney general’s office also used the term “pill mill,” to further tamper with the potential jury pool. These statements sway public opinion through the media. Using Title 21 is an illegal interpretive rule of the criminal code by the lower courts, which the Supreme Court ignores by not allowing the review of cases like this.
The attorney general’s office started investigating Jenkins in 2012. In January, 2015, the office was raided by the Oklahoma Attorney General’s Office with the usual seizure of computers, patient records and other documents. These searches are violations of the 14th Amendment of the constitution: unwarranted search and seizure. When the government runs out of doctors because they stop treating pain, who’s to say they won’t turn on your profession? The government is running unleashed, attacking innocent citizens to confiscate assets.
As a result of the illegitimate attacks on pain management physicians, patients are not able to find treatment, and are being forced to the street. As dozens of patients were turned away from the clinic at the time of the raid, one patient stated through tears: “All kinds of things go through my head, mainly because it took me a long time to get a pain management doctor and now I’m going to have to start all over again.”
Dr. Jenkins’ concern was for his patients, as he stated:
My concern is with the many patients, who suffer from chronic and debilitating pain, who now find themselves displaced because of these events, and may have nowhere to turn. Because of my example, many doctors will be too afraid of the professional, financial and emotional devastation that is the risk of prescribing these medications. I am extremely proud of my service and contribution to the improvement of the lives of people who have pain. My conscience is 100% clear.
Dr. Jenkins had his Oklahoma Bureau of Narcotics Controlled Dangerous Substances license suspended in February 2015, based on an immediate danger order. There doesn’t have to be a danger, just a targeting and they can use the phrase against you in any manner they choose to take away your license.
Their press release stated“The OBN investigation found that Jenkins failed to guard against the diversion of CDS.”
When, in actuality, Dr. Jenkins did everything humanly possible to prevent diversion. He was a referral physician that other doctors too afraid to write prescriptions, sent their patients to. He used all appropriate means of diversion prevention—urine drug screens, patient agreements, monitored the PMP, and even kept an off-duty law enforcement officer at his office for security. He went to great lengths to try to avoid being conned, to the point of being threatened by patients when he has refused to provide requested drugs. Evidence that Dr. Jenkins ran a legitimate practice is the admission of the US Attorney’s office that two of their patient interviews were with former patients who had been discharged for violating their patient agreement. So the doctor was doing due diligence in his prescribing, not “drug-dealing” as the government charges.
“It’s not always an easy job. Every time I write a prescription for narcotics, if I don’t follow the proper rules and regulations and be very diligent about it, my license is at risk,” he said. He has learned the hard way just how much risk there is for every legitimate doctor in the country.
You can read between the lines of the media reports and get a gist of what the problem is now. According to one article, the off-duty sheriff’s deputy working the front desk had to give out folding chairs when the waiting room overflowed with patients. That shows that there were few places in the area willing to treat pain, so patients had to flood Dr. Jenkins’s office. That is not an indication of a “pill mill’, although the government will use that term to attack compassionate physicians. But what really happens when the government does this, is they force patients who are getting relief to now go out to illegal drugs to take care of their needs. It is the government and their actions against good, caring physicians that is causing the death rate to rise. But the government is actually happy about that, because it is reducing the patient base in the 5 categories of “expendable people”—the uninsured, government insured, disabled, elderly and poor. People die when taken off their pain meds suddenly, and the government smiles all the way to the bank. One example of the results of the attacks on pain management physicians is the death of one of Dr. Jenkins’ former patients. She had been told he could not continue to treat her. She was found dead
US Attorney Pruitt stated “When opioids are not properly prescribed, they can be dangerous and often result in perilous circumstances for individuals,” Well, how about when the government attacks the only physicians willing to do the job and removes pain treatment from thousands of patients who decide death is the only option, who is a danger to society? The doctor? No….the Government.
Another claim of the US Attorney’s office is that Jenkins submitted claims to government insurance which stated “that he saw patients and provided full examinations, when that service was not truly provided.” This is a standard lie of government insurance so that they can go back and reclaim hundreds of thousands of dollars from doctors who have taken care of their patients. For this reason, doctors need to stop taking government insurance. The government uses insurance as an “open door” policy to attack anyone. Pain is a subjective complaint. There is very little a physical exam can do to determine the existence of pain. That is where the doctor/patient relationship is important. Vitals, appropriate observations, and a history with questions about the pain is all that is required to bill insurance for a visit. Most doctors, now, with CPR have enough on the record to validate any visit. But record evaluation is done by the government insurance employees, who get paid for finding fault with the records. And there is no one to appeal to. This happened to me with my records, stating that urinalyses were charged for that weren’t done. Even when I produced the lab results of the urinalysis, they still denied payment. It’s a racket.
Since they win longer sentences (the DOJ is a money-making organization with filling beds in prisons), agents are also looking into the drug overdose death of one former patient. However, she had been told on her last visit to his office two weeks before her death that he could no longer care for her. She did not get any prescriptions on the last visit.
The heading of another article “U.S. Senator scrutinizes top Oklahoma prescribers of pain, anti-psychotic medications” tells what is happening to the doctors willing to treat pain. As more and more physicians stop treatment, that throws more patients into the waiting rooms of the few willing doctors. Then the government, through evaluations of the state prescription monitoring programs, picks out these compassionate physicians for attack using cookie cutter techniques to build a case.
“A state agency has forwarded lists of the top 10 Oklahoma Medicaid prescribers of OxyContin, Xanax to Senator Charles Grassley, R-Iowa concerned about fraud and abuse within the $317 billion federal program.” Why and how is an Iowa senator getting Oklahoma information? He has supposedly been requesting records nationwide. This shows that the legislative branch is in the thick of the attacks on physicians to reclaim insurance payment for legitimate medical care. Where we need to be investigating fraud is in the Office of Medicare & Medicaid.
Now for my own curiosity. My records indicate that minority physicians are more likely to be attacked. Dr. Jenkins is black. Could someone in the Oklahoma City area do some research and get back to me on the remaining clinics—how many are hospital owned, and what percentage of the doctors are white males. An interesting interview on this minority discrepancy is with Dr. X here: https://www.youtube.com/watch?v=e3TY-Yncs14
For further information and to support Dr. Jenkins in his upcoming trial, please refer to his page here: http://doctorsofcourage.org/index.php/charged/harvey-c-jenkins-md/.