Charles Ornstein

‘All the hospitals are full’: Overwhelmed ICUs leave COVID-19 patients waiting in ERs

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Deaths at home suggest coronavirus is hitting Houston harder than reported

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There's a crisis boiling over in Houston hospitals as coronavirus cases surge: 'I’m really worried about next week'

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

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Here's what we know — and don’t know — about possible coronavirus treatments promoted by Trump

ProPublica is a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

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The message you need to hear is 'stay home' — no matter what some public officials say

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This Pioneering Heart Surgeon Has a Secret History of Research Violations, Conflicts of Interest and Poor Outcomes

There’s a story Bud Frazier tells often. It was around 1966, and Frazier, now one of the world’s most celebrated heart surgeons, was a medical student at Baylor College of Medicine.

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How the Nation’s Opioid Epidemic Is Morphing - and Growing

The nation’s opioid epidemic shows no signs of abating—and in fact may be headed in a far more dangerous direction.

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Why Is Texas Slashing Much-Needed Special Education Services?

Federal law mandates that school districts provide special education services to students with disabilities--physical, emotional or developmental. But outside the public’s view, the state of Texas has decided that fewer students should get those services. It pressured school districts to meet an artificial benchmark of 8.5 percent, a rate far below that of any state, according to a Houston Chronicle investigation.

“We were basically told in a staff meeting that we needed to lower the number of kids in special ed at all costs,” one former teacher told Rosenthal. “It was all a numbers game.”

In a related piece, Rosenthal deconstructs the various excuses provided to justify the reduction in students receiving special education services. There’s no evidence, for instance, that fewer Texas babies are being born with disabilities; in fact, statistics suggest the reverse is true. He also debunks efforts to credit innovative new teaching techniques for the reduction.

In response to the Chronicle’s reporting, the U.S. Department of Education said it is looking into the matter, and the Texas Education Agency also has promised a detailed review.

We talked to Rosenthal about the genesis of the story and what he found. Some highlights, edited for length and clarity:

One thing I think our listeners will be interested in is how you found out about this story.

Actually, it was from an advocate. This particular advocate actually was confused about the fact that Texas had the lowest percentage of students receiving special ed services by far of any state in the country. This advocate didn't actually even know about the 8.5 percent, he just thought that we should be looking into this mystery of why Texas serves so few children with disabilities. We started looking into it and in talking with other advocates and people working in schools, we found out about this unannounced 8.5 percent target.

Where did these students go? So if they existed before, and one would presume they exist now, where are they getting educated?

Most of them, it appears, are in schools in general education classrooms and simply not receiving these services that they are entitled to. We've heard from some parents that a lot of these children, from some parents and advocates, that a lot of these children have actually been pulled out of public schools when parents were unable to obtain services they decided to homeschool their child or pay to put them in private school. So there were certainly cases like that but it appears as if most of these children are just in regular schools and just not receiving the services that they could be.

How did nobody know about this?

[Many school officials] said that they were told by the TEA, the Texas Education Agency, that this was a policy that was mandated by the federal government or at the very least, backed by research. Turns out neither of those things are true. I think school officials kind of accepted it as reality. They didn't realize that it was arbitrary and originated from the TEA itself.

After your story ran, it seems that you received quite a bit of feedback from parents who had children with special needs and who had tried to get services. What did they tell you?

I received over 400 to 500 emails from parents and they told us the exact story that we wrote about in our article: about children being diagnosed with a disability and trying to get help from the school and being unable to do so. The line we heard the most was, "We could not figure out why the schools were so reluctant to help us until we read this article and heard about this policy, and suddenly it all makes sense about why schools would, without explanation, not provide these services."

Listen to this podcast on iTunesSoundCloud or Stitcher. For more, read Rosenthal's story, "Denied: How Texas keeps tens of thousands of children out of special education."

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Big Pharma Is Seducing Patients With Co-Pay Coupons: Is It Making Drugs More Expensive Overall?

A few months back, after returning from a family vacation that involved lots of pool time, my 9-year-old son complained that his ear hurt. A Sunday morning trip to urgent care brought a diagnosis of swimmer's ear—an infection of the outer ear canal—and a prescription for ear drops.

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When Students Become Patients, Privacy Suffers

This story was co-published with The Chronicle of Higher Education.

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After Sexual Assault, Woman Says University Lawyers Accessed Her Counseling Records

When University of Oregon senior Laura Hanson was sexually assaulted by a fellow student a couple of days after New Year’s 2013, she said she felt violated and later shunned by her friends and sorority sisters. 

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Big Pharma's Pathetic Medical Bribes are Quite Profitable

This story was co-published with the New York Times' The Upshot.

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“Let the Crime Spree Begin”: How Fraudsters Benefit from Medicare’s Drug Plan

This article originally appeared on ProPublica, and is republished here with their permission.

But Heap was worried about her mother, Joyce, who was in the end stages of Alzheimer’s disease. Her health had inexplicably declined in the Los Angeles-area nursing home where she’d been living. So in April, when a thick envelope arrived from her mother’s Medicare drug plan, Heap scrutinized it.

What she found was frightening: Her 77-year-old mother was receiving a raft of medications Heap had never seen before.

As Heap began Googling the drugs, she realized something was drastically wrong. Either her mother was being given expensive medications for conditions she didn't have — such as breast cancer, asthma, emphysema and high cholesterol — or something sinister was going on: Someone was using her mother to steal drugs.

“I flipped,” Heap said. Medicare's prescription program, known as Part D, paid for more than “$10,000 worth of meds” in just three months, she said.

She first called Medicare to report her suspicions, she said, then the insurance company that managed her mother’s Medicare drug plan. Neither, she said, seemed very concerned.

“I was like, ‘No. No. No. You have to understand. I am trying to help you guys,’” she said.

Soon, Heap became convinced someone had stolen her mother's identity while she was living at a nursing home run by an Armenian couple. The couple kept moving the location of the nursing home. And Heap believed they had been over-sedating her mother with high doses of antipsychotics, inappropriately treating her blood pressure and allowing bed bugs to feast on her.

“I knew something crooked was going on,” said Heap, 59, who, with her mother, had co-founded a Holocaust education nonprofit in the 1990s to document stories of German resistance to Hitler.

Frustrated, Heap called Los Angeles County sheriff's Sgt. Steve Opferman, head of a task force specializing in prescription drug fraud. As soon as Heap began describing what had happened, Opferman said he knew her mother had been caught up in a fraud scheme involving Armenian organized crime.

Opferman and other investigators say criminals wager that patients and their families will not be like Heap. They bank on the fact that their victims — Medicare beneficiaries — will be too old or too sick to review insurance forms summarizing the medications and services billed in their names. And they count on the tendency of busy family members to give such forms a cursory glance, if that.

“Suffice it to say most people don't pay attention, let alone know what they're looking at,” Opferman said.

But Heap's case, and others like it, shows the important role patients and their families can play in uncovering fraud within Part D. The program now covers 36 million seniors and disabled people and fills one in four prescriptions nationwide. Last year, it cost taxpayers $62 billion.

In an earlier report, ProPublica found that Medicare’s system for pursuing such fraud is so cumbersome and poorly run that schemes can quickly siphon away millions. Tips such as Heap's can come into private insurers, which run Part D for Medicare, to contractors hired by Medicare to spot fraud, or to the U.S. Department of Health Human Services inspector general, which investigates health care fraud. But only a small percentage of cases funneled through this chain are prosecuted.

Reporters, using Medicare’s own data, were able to identify scores of doctors whose prescribing within the program followed known patterns of fraud: the cost of doctors’ prescribing jumped dramatically — in some cases by millions of dollars — from one year to the next and they chose brand-name drugs that scammers can easily resell.

Some doctors claimed that they — like some of the patients involved — were unwitting victims of identity theft. In other cases, federal investigators found, the doctors were paid for writing bogus or inappropriate prescriptions.

In a response to these findings, a Medicare official said more focus has been placed on fraud detection within Part D.

The drugs listed on Joyce Heap's explanation of benefits forms are those most-desired in such fraud schemes. They included the asthma drugs Spiriva and Advair Diskus, for which her insurance plan paid nearly $270 a month each, the cholesterol drug Crestor, which cost nearly $170, and the antipsychotic Abilify, for which the plan paid about $920 for a 30-day supply.

Opferman said Heap's call launched an investigation that uncovered a large Part D scheme allegedly connecting the owners of the nursing home to a North Hollywood pharmacy operation, including evidence that other residents' identities were used. A September search of the pharmacy where Heap's mother's prescriptions were filled found evidence that drugs were being relabeled or repackaged for resale, he said.

The doctor who prescribed the drugs has denied prescribing the vast majority of them, Opferman said. The case is now part of an ongoing investigation by California’s Department of Justice and his group, he said.

Opferman said investigators might never have known of the scheme without Heap's tip.

Joyce Heap didn't live long after her daughter unearthed the problems.

She improved briefly after moving to a new nursing home, where a doctor reduced her psychiatric medications, Denise Heap said. But she died of a heart attack on April 21.

In the months following her mother’s death, Heap said, she sent letters alerting Medicare and her mother's insurer to the possible fraud. In July she wrote, “Please note that 100 percent of the prescriptions charged in April 2013 … are FRAUDULENT.”

Heap said she is “outraged” Medicare didn't follow up and ask detailed questions about her allegations. In fact, it was either her insurer or Medicare — she can't recall which — that recommended she call the local sheriff if she was worried.

“I would have thought immediately they would have gotten on it,” she said.

But Heap said she is mostly tormented that she didn’t know such fraud schemes existed — and that elderly people like her mother could become prey.

“It’s a hard thing to live with,” she said, tearfully. “I feel like I failed.”

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Doctors Paid Millions to Shill for Big Pharma

Update Mar. 11, 2013, 4:55 pm: This post has been updated to reflect a response by Dr. Vladimir Maletic to questions from ProPublica.

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Dollars For Docs: The Top Physicians In Big Pharma's Pocket

They are among pharma's most successful speakers, featured at dinner after dinner promoting companies' favored pills to their peers. Each has earned at least $200,000 since 2009 from this moonlighting.

The list includes a big-name cancer specialist with a thick resume of peer-reviewed research, but also doctors whose qualifications as experts remain a mystery.

Self-promoters who boast of their persuasive skills are mixed in with physicians who refuse to discuss the nature of their promotional work.

Dollars for Docs is part of an ongoing investigation into the influence of drug company payments on patient care. Our list of 43 doctors earning more than $200,000 is based on reports from seven companies that have publicly disclosed such payments to date—GlaxoSmithKline, AstraZeneca, Eli Lilly and Co., Pfizer, Cephalon, Merck & Co. and Johnson & Johnson. ProPublica plans to continue updating the payments data as additional companies reveal them.

So, what kind of doctors are pharma's handpicked stars?

  • Fewer than half are formal educators affiliated with academic medical centers or prominent leaders in their medical societies. The rest are a mix of physicians with limited credentials or about whom little could be gleaned despite searches of research publications, academic websites and professional society leadership lists.
  • Five of the 43 are from Tennessee—more than any other state, even though it's the 17th-largest by population. New Jersey, Texas, California, New York and Michigan each had three.
  • Eleven of the 43 have board certification in the small field of endocrinology, a hotly competitive area because of the multibillion dollar market for diabetes drugs. Eight physicians, the next-largest subgroup, hold no advanced certification, despite speaking on specialized diseases and treatments.
  • Only three of the top earners are women—all endocrinologists, one each from Louisiana, Tennessee and New Jersey.
  • More than half worked for two or three companies. One Tennessee diabetes physician worked for five. Seven earned money solely from Glaxo.

The ranks of the top earners—and their pay—are almost certainly much greater, as more than 70 drug firms haven't publicly reported all their speakers and consultants. Because these data are from only a handful of companies, it's unclear how closely they resemble the industry's physician sales force overall.

In the medical world, there's much debate about whether physicians should be paid to promote the products of drug firms at all. Critics of such talks say companies are using doctors as celebrity spokespeople, exploiting their prestige to deliver what is essentially a drug sales rep's pitch.

Drug companies "spend the money because it puts a veneer of respectability upon the marketing," said Dr. Steven E. Nissen, chairman of cardiovascular medicine at the Cleveland Clinic. "It's using luminaries to market drugs, and they fully understand what they're doing."

One of Nissen's colleagues at the clinic, endocrinologist Adi Mehta, earned at least $202,600 from three companies. Mehta said in a statement that he feels "passionately" that such speaking educates his peers, the same rationale drug companies use to defend their reliance on practitioners. The prestigious clinic does not prohibit participation in pharma speakers' bureaus.

ProPublica sought out many of the best-compensated speakers to learn more about their backgrounds, motivations and opinions on the influence of the money on their practices.

Ten physicians gave lengthy interviews or responded to written questions. Fourteen declined to comment or did not respond to calls and e-mails. Three others agreed to talk but were unable to schedule interviews.

The top speaker, Las Vegas endocrinologist Firhaad Ismail, did not respond to repeated calls. He earned more than $303,500 from three companies since 2009.

The second-highest paid, Dr. Stephen Landy, directs a Memphis headache clinic. Much of his research is performed with employees of Glaxo, his biggest funder, but Landy also invented a headband to treat migraines using heat and cold. The band, on sale for $29.99, is "ideal for people who wish to avoid medication[s] and their possible side effects," according to asseenontvguys.com.

Landy, who earned at least $302,100 since 2009, lectures about migraine remedies and muscle relaxants for three companies. The talks are not simply promotional, he said, but "scientifically beneficial" for everyone involved.

"At the end of the day, I'm not there to sell their drug," Landy said. "I'm there to educate health care providers about their drug."

Landy conceded that pharma-physician relationships have become somewhat tainted in the public's eyes, but he said they should not automatically be viewed as negative.

"I think most physicians, whether they accept money or not, will do exactly what's best for the patients," he said.

Landy, like many of his peers in the top group, considers himself to be an excellent communicator, chosen as much for his speaking ability as his knowledge.

Psychiatrist Jon W. Draud, also from Tennessee, declared in a conference bio this year that he has "delivered over 3,500 professional lectures to medical personnel."

Draud earned at least $200,000 since 2009 from AstraZeneca, Cephalon, Lilly and Pfizer. At a 2009 conference, he disclosed that he speaks or consults not only for those companies, but also for Forest Laboratories, Sanofi-Aventis, Takeda Pharmaceuticals and Wyeth Pharmaceuticals (Pfizer acquired Wyeth in October 2009).

Draud requested questions by e-mail, but he did not respond to them.

St. Louis pain doctor Anthony Guarino includes an endorsement from a Cephalon drug sales representative in an online brochure advertising his services: "I would definitely recommend him as a medical speaker!"

Physicians in the group come from a variety of backgrounds and specialties. Many have thriving clinical practices and squeeze in talks before and after work. Some make hundreds of presentations a year.

Endocrinologist Robert Busch, for example, made at least $234,000 from four drug companies since 2009. Busch, a member of a group practice in Albany, N.Y., said he brings the hands-on experience "some of these big gurus" at top universities lack: "I see patients day in-day out, like my audience."

With his kids grown and a wife who doesn't mind, Busch said he is able to spend a few nights a week holding half-hour teleconferences or having a driver take him to speaking engagements up to two hours away. He usually sleeps on the way home, he said. Last year, Busch gave 198 talks of some kind for Lilly alone.

Busch said he doesn't like reading from the slides provided by the companies, a recent requirement by the firms to ensure speakers do not discuss unapproved uses for drugs. But he says he is still able to give a thoughtful presentation: "You're not just a paid monkey reading slides."

The extra cash he earns, Busch said, helps him support his parents and pay for college for his kids.

Dr. David Rizzieri, an oncologist and cancer researcher at Duke University Medical Center in North Carolina, specializes in bone-marrow and stem-cell transplantation. He earned at least $240,000 from two companies.

In written responses to questions, Rizzieri said his peers request him to learn about the diseases he treats and the drugs he uses. He said he speaks at early-morning breakfast meetings or late dinners to avoid missing work. When he travels, he said, he packs multiple events into the same trip.

Another academic, Eliot Brinton, an associate professor at the University of Utah School of Medicine, made at least $203,900 from three companies and says he makes money from at least three others. Brinton said he has followed the debate generated by Dollars for Docs and has worried that his own presentations are medically sound.

"There is always the potential that somehow I'm getting in under the radar and then springing this very subtle and very pernicious sales message," he said. "I'm listening to myself every time I speak, and I have to ask myself the question: ‘Is what I'm saying truthful?'"

So far, Brinton said, he believes it is.

Alabama physician Mark Sweeny is not an academic, nor has he produced peer-reviewed research. He is on the staff of Decatur General Hospital's internal medicine clinic, but his board certification in internal medicine has expired.

He is, however, married to a Glaxo regional sales manager and since 2009 has earned at least $203,000 from Glaxo and another $52,170 from AstraZeneca.

Told about Sweeny's earnings, Dr. Larry Sullivan, Decatur's vice president of medical affairs expressed surprise at the amount, "Damn!"

Sullivan said Sweeny was "probably not" a leader in his field but "he's a good physician. He does a very good job." Sweeny doesn't need permission to speak on behalf of the industry as long as he fulfills his work responsibilities, Sullivan said.

Neither Sweeny nor his wife, Beth, the regional sales manager for Glaxo, responded to calls. Glaxo spokeswoman Mary Anne Rhyne said in an e-mail she could not comment "except to say that the decision to use Dr. Sweeny as a speaker on behalf of GSK was not made by a relative."

Another top earner, pain physician Gerald Sacks, declined several times through his receptionist to discuss his speaking fees. Since 2009, he has earned at least $249,300 from three companies.

Sacks' slides from a 2008 educational talk and 2009 presentation before the U.S. Food and Drug Administration, describe him as the director of pain management at St. John's Health Center in Santa Monica, Calif. A hospital spokesman said Sacks has never held that title and that his pain clinic is not part of the hospital. He does have the ability to admit and treat patients at St. John's.

His private practice is busy, typically treating between 150 and 200 pain-management patients a week, he said while testifying on behalf of Xanodyne Pharmaceuticals before the FDA panel in 2009.

Some among the top-paid doctors declined to discuss their pharma relationships, citing packed schedules.

"Because of the busy clinical practice, family illness and staffing change and travel, I am quite overwhelmed right now," wrote Virginia endocrinologist Farhad Zangeneh who earned at least $229,200 from four companies.

Dr. Amir Sharafkhaneh, an associate professor and pulmonologist at the Baylor College of Medicine in Houston, said in an August e-mail that he supports the public disclosure of industry payments.

"However, I am uncomfortable doing interviews because English is not my first language," said Sharafkhaneh, who earned more than $222,700 from three companies. "Presenting technical information in my field is easy but discussing complex and nuanced social topics is difficult for me. Sometimes I have problems expressing my views clearly."

When ProPublica offered to hire a translator for Sharafkhaneh, Baylor spokeswoman Lori Williams responded in an e-mail Friday. She said the doctor would not be available for an interview but that the college had begun a review of his compliance with disclosure policies.

Among the physicians who spoke to ProPublica, most praised the pharmaceutical companies for choosing them to bring information about the latest advances to overworked doctors.

Dr. Samuel Dagogo-Jack, chief of the division of endocrinology, diabetes and metabolism at the University of Tennessee Health Science Center, made at least $257,000 from three companies.

He said that he receives such kudos for his talks that he has heard it said that "companies would be at a competitive disadvantage" if they didn't use him.

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Dangerous Caregivers Missing From Federal Database

More than two decades ago, Congress set out to stop dangerous or incompetent caregivers from crossing state lines and landing in trouble again.

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