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ASA NEWSLETTER
 
 
May 1998
Volume 62
Number 5
 

Biting the Bullet: One State's Plan to Ease the Pain

Lawrence S. Gorfine, M.D.
Committee on Pain Management



At the request of the governor of Florida, the 1994 Florida Legislature created a Pain Management Commission, which was administered by the Agency for Health Care Administration (AHCA). The commission was to study pain management activities in the state and prepare a full report to the legislature.

The report and recommendations were intended to help the legislature formulate policy. At the same time, an intractable pain provision was created. This allowed a licensed and qualified physician to diagnose intractable pain and, in a prudent manner, prescribe controlled substances (DEA Schedules II-V). It further reported that the state did not condone mercy killing or euthanasia.

The Pain Management Commission held three public forums in the spring of 1995. The dates and locations of these forums were widely publicized by press releases and flyers sent to health care providers and advocacy groups. The forums were held in Tallahassee, Orlando and Miami. Members of the press were invited and attended at least two of the sessions. Before the Miami forum, the Miami Herald wrote a special article about pain management.

Public testimony included experiences of pain sufferers as well as health care providers. Medical doctors, osteopaths, chiropractors, dentists, massage therapists, psychologists, nurses, hospice caregivers and health education experts were among the many health care providers represented. A survey was also created by the commission to determine issues and attitudes relating to pain management.

The survey overwhelmingly determined for the commission that all patients have a right to adequate pain management. It further suggested that there is a need for specialized pain treatment centers and pain specialists. The respondents indicated that the government should not be involved in prescribing pain medications. The survey also found that the most common reason for termination of pain treatment was refusal or cancellation of payment by third-party payers (33.3 percent).

The forums were conducted with a panel of commission members and assisted by staff members of AHCA and local health councils. Input from all represented groups was received by oral and written testimony. The final report suggested the need for more study in several controversial areas. These included the area of guidelines for pain management, reimbursement issues, regulation and accreditation of pain centers and the certification of pain specialists.

The commission found that much fear exists among physicians in prescribing opioids for chronic nonmalignant pain. The issues of concern to physicians involve state and federal guidelines for prescriptions to patients including those covered by Medicare and Medicaid. Generally, physicians agreed to liberally prescribe opioids to terminally ill cancer patients; however, hospice representatives reported that physicians continue to be reluctant to prescribe appropriately for the terminally ill.

Reimbursement was a major issue among health care providers. Both consumers and providers testified that there was no uniformity among third-party payers for reimbursement of pain management services. Payment for many types of pain management care was customarily denied by insurers, including Medicare, Medicaid and Workers' Compensation. Testimony of pain patients suggested that insurers are biased toward reimbursement for surgery in the treatment of pain. The "system" is often reluctant to reimburse for medication, equipment and psychosocial services. There is, then, a tendency for acute care coverage rather than a long-term commitment focusing on the chronic needs of the pain patient.

The Pain Management Commission found no uniformity in the services offered by pain centers. The only accrediting organizations are the Commission for the Accreditation of Rehabilitation Facilities and the Joint Commission on Accreditation of Healthcare Organizations. Many pain centers do not offer the specific programs required for accreditation by these groups. It was suggested that a system be created for determining the services in the pain centers.

The commission stressed that there is little follow-up outcome data available to determine the effectiveness of the different pain management techniques. There was specifically no statewide computerized data to use in research or evaluation of services.

The final report of the Commission made the following recommendations:

  • Guidelines need to be established for pain management.
  • Guidelines need to be established for opioid use.
  • Insurance companies must recognize pain management and reimburse providers for their services.
  • Insurance companies must recognize the long-term needs of the chronic pain patient.
  • Courses on pain and pain management should be included in university curricula.
  • A statewide system of outcome data should be developed.
  • A system for determining the types of services offered by pain centers needs to be created.
  • The public needs to be educated regarding the alternatives available to them for pain management.
  • Physicians need to be trained to recognize and deal appropriately with patients experiencing acute and chronic pain.

The Florida Pain Management Commission has met several times since publication of its report. The commission has further recommended that funding be made available to continue the work of making pain management available to all citizens of the state of Florida. AHCA has established initiatives to evaluate the adherence to and effectiveness of certain AHCA-endorsed pain management guidelines and to develop a consumer education publication and Internet site related to the management of chronic pain.

The commission is working at receiving further funding and implementing the recommendations it has presented in its report to the Florida legislature.


Lawrence S. Gorfine, M.D., is a practicing physician in pain medicine and anesthesiology and the Director of the Pain Center, Columbia J.F.K. Medical Center, Lake Worth, Florida. He is Chair of the Committee on Pain Medicine for the Florida Society of Anesthesiologists.
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