Hacker News new | past | comments | ask | show | jobs | submit login
DEA Pursues Vast Expansion of Patient Surveillance (filtermag.org)
257 points by walterbell on Nov 18, 2020 | hide | past | favorite | 136 comments



This is an odd proposal.

Most importantly: we need to start treating drug addiction, and long term pain, as the public health emergencies they are and we need to stop criminalising drug addicts.

> Diversion investigations involve, but are not limited to, practitioners and mid-level practitioners who write prescriptions for no legitimate medical need and/or outside the scope of legitimate medical practice, or sell prescriptions to drug dealers or abusers; pharmacists who falsify records and subsequently sell or abuse the drugs; pharmacists who fill prescriptions that they knew or should have known were illegitimate; employees who steal from inventory and falsify records to cover illicit sales; prescription forgers; and individuals who commit armed robbery of pharmacies and drug distributors

The US does massively over-prescribe opioids. There have been doctors who were careless in who they prescribed to. There have been "pill mills" https://www.theguardian.com/us-news/2019/oct/02/opioids-west...

But they don't need patient ID to track that down. They can use supplier data.

I'm also struggling to read the document. It's written in a specific, jargon heavy, way. Use of the word "subpoena" every time they mention patient data is a little bit reassuring, but it's still not great.

> CLIN 2001 Unlimited access to patient de-identified data, to be identified via subpoena, for class 2 to 5 prescription data which includes pharmacy, medical, and dental data. Fixed price per license per month

I'm still ploughing through the 60 pages to try to get my head around it.


Someone I know once got Opioids to take home after a hospital visit, she said she didn't want them, they urged her to take them anyway. Turns out the hospital was sponsored by the producer of the pills.

This is not just over-prescribing, this is intentionally creating addicts and should be criminalized asap.


>Someone I know once got Opioids to take home after a hospital visit, she said she didn't want them, they urged her to take them anyway. Turns out the hospital was sponsored by the producer of the pills.

> This is not just over-prescribing, this is intentionally creating addicts and should be criminalized asap.

I'll devils advocate. But only barely.

So, lets say your friend didn't take them, went home, and day 2 something gets way more sore. If she tried to go back to the hospital to tell them, there is a possibility she gets the wrong doctor, gets a note on her file as 'seeking', and then is up a creek without a paddle.

This doesn't take away from the issues with overprescription and marketing. But speaking as someone who had to learn about some of this, the hospital did the shitty but correct thing

Source: because of the sheer -volume- of ADD meds I have to take and my aspergers, I got a good course from my doc on understanding how not to accidentally look like a seeker


Fun story about seeking actually. A dentist prescribed me opiates (two different kinds but I can't remember what) for wisdom tooth removal. I filled the prescription in case I needed them but ibuprofen ended up being fine.

Later my psychiatrist retired so I needed to find a new one. The new psychiatrist interrogated me about my use of opiates. He asked if I had taken opiates before. I answered no because I hadn't. This was his gleeful gotcha moment where he pulls up my prescription history to find the opiate prescription and accuse me of lying about drug abuse.

It was a university health system and he was pushing a new medication on me. That same day I found out the manufacturer of the drug he wanted to put me on had made a $10 million donation to the university. I guess he was going to try to get me to feel like a drug abuser and like I have no choice but to take this new medication?

Anyway, he was successful at making me feel like I was a drug abuser so I just left and stopped taking psychiatric medications altogether. I probably didn't need them. Also you can be labeled a seeker even if you fill the prescription instead of going back to get it.


> so I just left and stopped taking psychiatric medications altogether

Wow, for some conditions that sounds like not at all an outcome a psychiatrist would like to be responsible for.


These medications - zolpidem and adderall were easy to get off of. It was maybe a month of discomfort and then things started to get back to normal. They were helpful with getting my life back on track. I stopped taking the zolpidem when the retiring psychiatrist ignored a refill request (that I made during business hours with advanced notice). I decided from there that I wasn't going to be dependent on medication to fall asleep.

The new psychiatrist was how you might expect any psychiatrist to be - fake sincerity. So yes, there was a sense of "oh no we don't want you to stop cold turkey ;) why don't you take this new medication." The recommendation to change to a new medication manufactured by a major donor to the university was a red flag that made me decide to stop altogether.


Right, not saying anything about your situation or pretending to know the details. But the phrasing was reminding me of people I have been close to who take antipsychotics. Medication compliance is a huge issue with those, a good doctor will be extremely cautious.


I wonder what I’d get labelled as. About 7 years ago, I got a prescription for 30 Tylenol #2s after I fell off my bike and broke my collarbone and black eyed myself.

I took ~10-15 then and would occasionally take one as needed in the intervening 7 years and still have some left.

Would this paint me as a responsible user or a monster taking prescription meds without doctor’s supervision)?


Neither, because you didn't share the story. Oh wait, you did under a pseudonym. Look, nobody cares about such a small thing. You should dispose old medicine after expiration date, and you should not use strong drugs recreational / without prescription.

That being said, I did same with Ritalin. It helped me focus during times I needed (same reason it got prescribed though not for using it casually but regularly). Eventually I got rid of it though.

Heck, even Ibuprofen 600+ mg can only be bought with prescription. For a oral medicine / huge swelling I had to get a procedure, and this helped. I got prescribed Oxazepam because of my fear of needles. I used 1x 10 mg before the night of procedure, 2x 10 mg an hour or so before procedure. I walked like a drunk. Yep, I get why this stuff is addicting.


I kinda suspect the codeine doesn’t work for me and one day I’ll get morphine or something and go “ohhhhh, I get it now”.

(Tylenol with small amounts of codeine is over the counter here, but meh).


Why do you need opiates of all things to deal with tooth removal?!


The same reason I had to go to a specialized surgeon, have a pre-visit to analyze the problem teeth, and be put under for the operation. I basically had a surgeon digging around in my jaw with operating tools for two hours - and I was a barely functioning person for like a week afterwards.


It's pretty painful, especially if you have all four removed at once. But, I think pharmaceutical propaganda has made people believe that there is really a way to kill the pain. Something I've learned from opiate addicts is that it doesn't make the pain go away - it just makes you feel good enough to forget the pain.

It was my opinion before doing it that I would be feeling some amount of pain no matter what I did. So I just followed the other aftercare instructions first - ice it, take ibuprofen, (lightly) swish with warm salt water. The pain was reduced enough that I didn't feel the need to take the opiates.


Im with you. I had the full 4 wisdom teeth removed at once and I got by just fine with ibuprofen. However, you have to understand that like most things in biology, there's a bell curve which exists for measureable pain tolerance. There are definitely people who find that level of pain unbearable in the same way you and I might find a hot poker unbearable. It's not irresponsible as a provider to offer pain meds for that.


As someone that's had back pain my entire adult life, not everyone has the same constitution. Understanding, of course, that not all pain is 'the same'. My level of tolerance is likely because I understand the /significant/ risks of addiction. I'd rather not be in pain, obviously, but not at the risk of being a junkie.

I definitely get the impression that a lot of people sucked into pain med addiction are not the sort that have had a lot of previous experience with pain. Making it doubly irresponsible to prescribe such highly addictive medications for them.


Wisdom tooth removal is a whole different ballgame than plain tooth removal, with painful complications possible (e.g. “impacted” wisdom teeth).


This has been common in the US for decades now, I was prescribed them as a minor for my wisdom tooth removal. I was also fine with ibuprofen.

I'm assuming there were significant kickbacks to oral surgeons from the opioid sales people.


That is extremely standard, why would you assume there "were significant kickbacks from opiod sales people?"

Most of the time it would be generic vicodin and cost under $20 for enough to take for a few days.


its a procedure with a painful recovery?


because it hurts.


What is seeking? Is it trying to get more pain meds to primarily fuel addiction/ selling? Or is it seeking attention and so can be ignored?

Would they be a seeker if they took home the meds and not actually take them? The drs would then think "why more pain med, they are already on some?"

or of they didn't accept and take home the meds from the drs? So then the drs would think when they return "they are here asking for more help when they rejected the help we gave them before, are they seeking attention?"

Perhaps it means something else?


A seeker is someone without a legitimate reason or medical history nevertheless trying to get their hands on prescriptions for controlled substances.

It's annoying as hell, because if you make the unfortunate mistake of associating with an onverly nervous doctor and you're on a controlled substance, it can lead to a life ruining adjustment of your dosage. (Happened to me right after a job loss.)

Showing up with a 20 odd year file of history of successful treatment history on something helps, but you still have to be hyper vigilant about finding a prescriber willing to work with you without being flaky. Yoy can't even think of moving or long term visitation somewhere unless you're made of enough money to do some recon work ahead of time to find a doc at a new location, or return wherever your old one is for the interim to top up fill your prescriptions.

As a person with a valid medical justification, I'm basically already in a gilded prison created by DEA where I have to essentially mother-may-I either the insurance company or physician anytime I want or need to relocate for more than 30 days.

And God help you with tolerance built up. Then you're adding a new monthly family member unless you figure out how to nutritionally supplement for your particular body chem to get around it.

I will shed no tears over massive fefunding of DEA or restriction of their Draconian scope, but I have the feeling I'll never see it, because there is too much self-destructive potential and black market incentuve for illegal trade to ever become small enough without an organization putting pressure on it. That may be some level of Stockholm Syndrome talking though, as I'm not sure I don't just tell myself that to keep myself from wasting my time shouting into the wind.


Yes I see how getting that label can be life ruining! Thanks for clarifying.

Are doctors by default nervous about this? Can't they share your file between them? (I'm in Europe, so my experience is different, sorry I don't know these basics).

Is the fear from doctors and the draconian DEA's scope left over from the "War on Drugs"?


Yes, a big portion of Electronic Healthcare Records is getting all relevant records to be capable of following you everywhere digitally. The paper equivalent before ACA was a foot to a foot and a half stack of papers you picked up from your old physician.

The fear comes from DEA as they track metrics from pharmacies, and are tge source of all prescription pads for controlled substances. If you end up looking suspicious enough to look into, you could very quickly find yourself in very hot water. You could lose access to the privilege to write controlled substance prescriptions, which means lost patients, have your license revoked, or any other unpleasant outcome.

You have to have a good relationship with your physician, because if for whatever reason the start feeling overly exposed professionally, your adverse health outcome is less severe to them than possible investigation by authorities or jeopardization of their ability to see patients.

The sad thing is, I can't even really blame them. It's 100% reasonable from their point of view, and from an outsider's, but as a patient trying to navigate your own physiology in a way that doesn't end in catastrophic consequences for yourself, those you know and love, and those depending on you to play your part in the grand scheme of things, it sure does feel like everyone is a-okay letting you take the fall for the sake of the perverse incentives created by the regulatory environment.


'Seeking' in this case is trying to get pain meds.

> Would they be a seeker if they took home the meds and not actually take them? The drs would then think "why more pain med, they are already on some?"

No, that's not seeker behavior. An 'extreme' example of seeker behavior would be to take the pills home, and try to come up with the best excuse possible to have 'lost' them.

> or of they didn't accept and take home the meds from the drs?

This is the scenario I'm talking about more. The problem is, if the patient comes back, depending on where the patient went, they might not get the same doctor as before (Thinking scenarios like urgent Care, ER, etc). And when you are in a lot of pain, you might not always think/act rationally. Ironically your desire to deal with immediate severe pain could in fact look from the outside as someone going through withdrawls.


Ahh I see! Thanks for the clarification.


The official medical-system approved thought process, which Greene & Chambers are defending in this paper, is “Since he is displaying signs of drug-seeking behavior, he must be an addict trying to con you into giving him his next fix.”

https://slatestarcodex.com/2019/09/16/against-against-pseudo...


Are you and GP talking about "take" as in "take the prescription, and fill it if you need to", or "fill the prescription", or "swallow the pills"?


meanwhile the dentist doesn’t want to give me anything stronger than tylenol with codine because idiots like this hospital ruined it for everyone.


Oh, fancy pants up there gets codeine! After my extractions, I was sent home with straight-up Tylenol. But it isn't just the USA. In France, my wife had to nearly beg for strong pain relief for her back, but at least the doctor only charged 35 euros for a visit.


Maybe more folks should be asking why the teeth need to come out. (It could be legit, I don't know your case!)

But every dentist I've had - every - has asked about taking out my wisdom teeth.

And not one of them could give me a good justification. I still have them.

A legitimate reason MIGHT be you can't be a navy seal if you have your wisdom teeth because apparently something with deep diving affects them. :)


The way my orthodontist explained it was that over time, our mouths have evolved to be smaller yet we still have the same amount of teeth. He said that if you're one of those lucky people whose jaws are big enough to facilitate four extra molars, you don't have to worry about it; if not, cramped wisdom teeth can cause impactions, come in sideways, crowd the rest of your teeth to the point that they become crooked and "tombstoned" (like lopsided headstones in a very old, untended graveyard).

Then he proceeded to remove my molars and let my wisdoms grow in and replace them, so maybe he was just nuts, I dunno.


> Then he proceeded to remove my molars and let my wisdoms grow in and replace them, so maybe he was just nuts, I dunno.

Can imagine valid reason to opt for wisdom tooth instead of existing molar. For example the molar can be damaged already, or easier taken out. IANAD though (I Am Not A Dentist :-).


yes one guy talked about "crowding" vaguely but my other teeth weren't going sideways or becoming crooked so when I drilled down (ha) into the conversation it sort of petered out.


Mine were causing me pain and the wisdom tooth was surfacing at times where you could see it come out of the gums then it would subside below the gum line. On x-ray one was almost horizontal pushing into my back molar. My dentist always said if your wisdom teeth don’t cause you any bother then leave them. But mine hurt bad. I have heard wisdom teeth are there to fill in gaps when we lost a tooth like it would push other teeth towards each other if you lost a tooth. But this is something I learned as a kid never actually saw proof this is their function.


For a long time I thought I was going to keep mine but then they started getting infected, after a few rounds of that I had them out and no issues since.

It's a fairly common sequence of events as far as I'm aware


Pain has its benefits, it's not just there to annoy you, it is there to tell you not to try and chew with that gaping hole in your jaw. So I understand that a Dentist may sometimes say: Just suck it up, who are you to judge that life should be without pain entirely? Still, I do believe you should be entitled to make your own choices but the physician should educate you before you do so, imho.

I am from the Netherlands where natural birth without painkillers is also still the norm. You can always opt for them and cesarean but one should know that numbing everything away and taking the kid through a newly cut hole also has its downsides (studies show). Spoken like a true man ;) Seriously, I'm not judging, just sayin'.


> Most importantly: we need to start treating drug addiction, and long term pain, as the public health emergencies they are and we need to stop criminalising drug addicts.

You might be (not at all) surprised to learn that the largest opposition to this shift is the DEA itself (It's the DEA's fault, for example, that it's so difficult for addicts to get Suboxone even when prescribed). In terms of lobbying dollars, #1 is the police and prison guards union.


So, task one talks about encrypted patient identifiers. This makes it sound like they're not going after patients, but are targetting pharmaceutical companies and doctors.

Task 1: Provide and maintain data on a minimum of 85 percent of all prescriptions for Schedule/Class II through V prescription drugs (additional non-controlled items may be requested for possible scheduling actions) written and/or filled in the United States and trust territories:

a) Prescription data shall include, but is not limited to:

  • The number of prescriptions filled,
  • The number of new prescriptions filled,
  • The number of refills filled, by date filled,
  • The name of the controlled substance
  • The days’ supply for the patient (e.g. 5 days, 15 days, et.),
  • The prescribers name and DEA registration number, and specialty
  • An encrypted patient identifier to whom the prescription was written
  • Date prescription was dispensed
  • Payment Type: cash, government payer, commercial payer
  • Dosing information: quantity and days’ sup

---

Here's the patient information they want:

> Patients

  • Number of instances of more than one Schedule II prescription for the same drug, and written within three days of each other by different prescribers
  • Number of instances of more than one Schedule II prescriptions for the same drug and written within three days of each other by the same prescriber
  • Number of instances of more than two patients, with the same address, receive the same drug in the same quantity from the same doctor on the same day.
  • Number of early refills Opiate and Benzo combine
  • Number of early Schedule II
  • Distance between patient and pharmacy
  • Average distance between patient and pharmacy for a combination of Opiate, Benzo and a muscle relaxer.
  • Distance between patient and pharmacy for Schedule II
  • Distance between patient and prescriber
  • Distance between patient and prescriber for Schedule II
  • Number of Opiate and Buprenorphine combinations
  • Number of Paid “cash” Schedule II
  • Number of Oxycodone 30 MG and 15 MG within five days overlap
  • Number of times Opioid Cough Syrup exceeds 90 day supply
  • Number of Oxycodone 30 MG and Hydromorphone 8 MG within five days overlap
  • Average MME Per Day
  • Average Total MME per pharmacy visit
  • Number of Opiate and Benzo combine within 3 days
  • Number of Opiate and Benzo prescriptions for the same person on the same filled day at different pharmacies.
  • Number of Opiate and Benzo prescriptions filled for the same person on the same day from different prescribers
  • Number of Opiate and Benzo prescriptions written on the same day to the same person by different prescribers
  • Number of Opiate and Benzo filled on the same person on the same day
  • Number of Opiate and Benzo filled for the same person on the same day at the same pharmacy
They also say this:

> f) Fully HIPAA-compliant.

> Current pharmacy and prescription data updated on a daily basis.

> Task 2: Streamline process for requesting the unmasking of pharmacy information. (PII shall be withheld or redacted unless specifically requested by subpoena.)


>Here's the patient information they want:

You are missing the page before:

>Non-specific patient demographics (gender; age group; city, state, and zip code of residence)

This doesn't seem HIPAA compliant according to the safe habor rules: https://www.hhs.gov/hipaa/for-professionals/privacy/special-...

It would also be almost impossible to use expert determination, for this is often done using statistical methods that are impossible to apply on changing datasets (such as k-anonymity).

edit: They also ask for an "encrypted patient identifier".


> The US does massively over-prescribe opioids.

Jail the doctors. They are getting bribes from drug companies.


Recently Schedule II prescriptions are reported to state or multi-state registries that local government officials including police can view at will.

My provider makes me sign an expansive privacy waiver to get my prescription. I gave up the drug for awhile because of it, I had to come crawling back and sign it.

The AMA embraces this total abdication of their responsibility to protect patient privacy. A federal registry is the natural next step.

As an attorney I cannot imagine selling out my clients the way MD's do.


Who trusts the DEA with de-identified, highly personal information like drug use and all your personal info? I worked with the VA medical system and it was very hard to get de-identified data and when you got it, you had to be extremely careful and always keep the patients' best interest of privacy in mind. Do I trust DEA agents, people who signed up to actively punish and criminalize disproportionately minority and addicted people?


I don't trust the government. I don't trust the DEA.

I also don't think DEA agents [signed up to punish minorities]. You might be projecting your bias.


If they didn’t sign up to do that then they didn’t understand the agency’s history and mission when they signed up.


and the institution will pass it's bias onto the workers, well intentioned or otherwise.


Or, perhaps, they want to make a difference by raising the bar.


I don't think it is reasonable to assume that police signed up to punish men, considering a vast majority of people who get arrested and charged are men?


It is an interesting question of why people join the various federal law enforcement agencies. Is the DEA, ATF, or others a "B" team compared to the FBI?


Enforcement Agency compared to Bureau of Investigation

the titles suggest different dynamics , different activity focus


> I also don't think DEA agents [signed up to punish minorities]. You might be projecting your bias.

Drug enforcement was, from the beginning, founded in racism and anticommunism: https://qz.com/645990/nixon-advisor-we-created-the-war-on-dr...


The US’s racist drug enforcement predates the DEA. Billie Holiday was an early victim.

They needed to justify prohibition era law enforcement budgets after prohibition ended, and explicitly targeting blacks was politically expedient.


The alleged Ehrlichman quote is brought up often but it should be taken with some skepticism. The surviving members of his family don't believe he made the quote:

>...Multiple family members of Ehrlichman (who died in 1999) challenge the veracity of the quote: The 1994 alleged 'quote' we saw repeated in social media for the first time today does not square with what we know of our father...We do not subscribe to the alleged racist point of view that this writer now implies 22 years following the so-called interview of John and 16 years following our father's death, when dad can no longer respond.[22]

https://en.wikipedia.org/wiki/John_Ehrlichman

This is a very explosive quote - if Baum had included it in his book in 1996 I am sure it would have garnered a huge amount of attention for the book. Instead Baum did not include it in his book, but instead would wait for many years before making the claim when Ehrlichman was no longer around to dispute the quote.

At any rate, if the quote was actually said by Ehrlichman, it isn't a very accurate description of the overall drug polices of the Nixon administration. While Nixon is remembered for "war on drugs" rhetoric, the actual substance of his policies seem to be different than what people think it was:

>...I have been fortunate over the years to discuss the distorted memory of Nixon's drug policies with almost all of his key advisors as well as with historians. Their consensus is that because he was dramatically expanding the U.S. treatment system (by 350% in just 18 months!) and cutting criminal penalties, he had to reassure his right wing that he hadn’t gone soft. So he laid on some of the toughest anti-drug rhetoric in history, including making a White House speech declaring a “war on drugs” and calling drugs “public enemy number one”. It worked so well as cover that many people remember that “tough” press event and forget that what Nixon did at it was introduce not a general or a cop or a preacher to be his drug policy chief but…a medical doctor (Jerry Jaffe, a sweet, bookish man who had longish hair and sideburns and often wore the Mickey Mouse tie his kids had given him).

https://www.samefacts.com/who-started-the-war-on-drugs/

>..."Enforcement must be coupled with a rational approach to the reclamation of the drug user himself," Nixon told Congress in 1971. "We must rehabilitate the drug user if we are to eliminate drug abuse and all the antisocial activities that flow from drug abuse."

>The numbers back this up. According to the federal government's budget numbers for anti-drug programs, the "demand" side of the war on drugs (treatment, education, and prevention) consistently got more funding during Nixon's time in office (1969 to 1974) than the "supply" side (law enforcement and interdiction).

https://www.vox.com/2016/3/29/11325750/nixon-war-on-drugs


Well then ... the fun question is, I guess, who _did_ start the crazy, anti-drug systems we have now? The next time I remember hearing about insanity in prison sentences for drugs was during the Clinton administration. Did it start then? Or was it before then, as well?


The real bipartisan push for harsher penalties in the US came in the 1980s after basketball star Len Bias died of cocaine overdose:

>...It became the sole focus of legislative activity for the remainder of the session on both sides of the aisle. Literally every committee, from the Committee on Agriculture to the Committee on Merchant Marine and Fisheries were somehow getting involved. Suddenly, the Len Bias case was the driving force behind every piece of legislation. Members of Congress were setting up hearings about the drug problem and every subcommittee chairman was looking to get a piece of the action...

https://www.salon.com/2011/06/19/len_bias_cocaine_tragedy_st...

If you want to go back further, a good person to start with is Harry Anslinger who headed the Federal Bureau of Narcotics:

>...Prior to the end of alcohol prohibition, Anslinger had claimed that cannabis was not a problem, did not harm people, and "There is probably no more absurd fallacy"[15] than the idea it makes people violent. His critics argue he shifted not due to objective evidence but self-interest due to the obsolescence of the Department of Prohibition he headed when alcohol prohibition ceased - campaigning for a new Prohibition against its use.

https://en.wikipedia.org/wiki/Harry_J._Anslinger

A difference with Nixon is that he was one of the first to try to greatly expand drug treatment and also reform sentencing in at least a small way:

>...the mandatory minimum sentence in a federal prison for marijuana possession was 2-10 years until Nixon slashed it to 1 year with a judicial option to waive even that sentence. No federal mandatory drug sentence would be rolled back again for 40 years (in the Obama Administration).

https://www.samefacts.com/who-started-the-war-on-drugs/


Reagan more than anyone else:

https://en.wikipedia.org/wiki/War_on_drugs#20th_century

>The Nixon Administration also repealed the federal 2–10-year mandatory minimum sentences for possession of marijuana and started federal demand reduction programs and drug-treatment programs. Robert DuPont, the "Drug czar" in the Nixon Administration, stated it would be more accurate to say that Nixon ended, rather than launched, the "war on drugs". DuPont also argued that it was the proponents of drug legalization that popularized the term "war on drugs".[17][unreliable source?]

>The presidency of Ronald Reagan saw an expansion in the federal focus of preventing drug abuse and for prosecuting offenders. In the first term of the presidency Ronald Reagan signed the Comprehensive Crime Control Act of 1984, which expanded penalties towards possession of cannabis, established a federal system of mandatory minimum sentences, and established procedures for civil asset forfeiture.[50] From 1980 to 1984 the federal annual budget of the FBI's drug enforcement units went from 8 million to 95 million.

tl;dr: Nixon removed mandatory minimums for drug sentences, Reagan reinstated them.


Ultimately, this information will find its way into the hands of other nation-states who will use it to blackmail US citizens. Like other US internal surveillance efforts this is counter productive to national security. The weakest and lowest cost surveillance for external powers is through the local apparatus (a single point of attack). Providing them with that is either stupid or treasonous.


>Do I trust DEA agents, people who signed up to actively punish and criminalize disproportionately minority and addicted people?

I can't read minds, but I think an equally likely formulation might be "people who signed up to enforce the law on the criminal organizations that perform most drug trafficking"?

I think most petty drug enforcement (of the kind that targets users, rather distributors) is by the states, not the federal government, and therefore much less likely to be done by the DEA.


I prefer when trust is not necessary, because the capabilities were never granted in the first place. Even if the government was trustworthy (it's not), there is no guarantee that it will stay trustworthy.


Prescription histories are already available for purchase.


Is the sale by a central register like SureScripts, or by an individual's insurance provider?


No idea.

All I know is that there are at least three hedge funds with the ability to acquire individualized prescription histories. I don't know if they are able to "deanonymize" guids in a large database, or if they query based on the individual.

Congress should start asking questions.


Which hedge funds?


Naming them won't add any credibility to my claim.

There are many companies that offer the data for sale. The example I link seems to require HIPAA authorization from the individual, but the authorization is not actually required by law. It also raises the question how the vendor is able to acquire the data without HIPAA authorization.

The data is advertised as "real time".

For what it's worth, my money is on "deanonymizing" guids. Hedge funds want to track sales in real time to have an edge in earnings forecasts.

https://www.rxhistories.com/irix/prescription-data/


Thanks for the follow up. I wasn’t doubting your claim, just genuinely interested in how one goes about obtaining such information in a legal way.

(Or whether what they’re doing is borderline legal to begin with)


> Naming them won't add any credibility to my claim.

Yes it will! Because then other people can confirm your claims.


All types of revenue models will justify their actions based on the need for additional revenue. The "war" on "drugs" is a scam perpetuated by those who seek rationalization of their "job" to "fight" "drugs".

Meanwhile, Oregon.

There is no limit to the things those who profit from the activities will do to achieve their goals, including erroding our constitutional right to privacy and pursuit of happiness.

RIP America.


Couple comments:

1. This assumes it’s impossible to disincentivize drug usage via really harsh penalties enforced by state power. But look at China, where they have very little drug usage, due to extremely harsh penalties, and extreme social stigma. Individuals don’t get “mind expanding” or therapeutic benefits of drugs, but at least the society is not paying the cost of externalities of drug usage (see San Francisco’s Tenderloin).

2. Not all who do drugs are rational individuals with full information about what might happen if a chemical dependency is established. There are people pressured into drug usage by both legal mechanisms (Purdue Pharma) and illegal mechanisms (e.g a pimp creating a prostitute by forcing a drug addiction on that person). So the implication that there’s no bad actors, and it’s just the state enforcing draconian measures, misses very real cases of bad actors who should be stopped and punished. A legal system that pursues and removes bad actors can help society.


>But look at China, where they have very little drug usage, due to extremely harsh penalties, and extreme social stigma. Individuals don’t get “mind expanding” or therapeutic benefits of drugs, but at least the society is not paying the cost of externalities of drug usage (see San Francisco’s Tenderloin).

That's not the case though. China has lots of drugs, probably more than the US. Many of the powder based drugs in the US are made in China. When you go on a business trip there they flaunt all sorts of things from prostitution to drugs. As long as you're rich it's no problem.

>Not all who do drugs are rational individuals with full information about what might happen if a chemical dependency is established.

This is why in a perfect world we have to take a test to take certain drugs. It could be handled at the dmv. Once you're certified you can buy a specific quantity based on being an informed actor. It's how we handle other dangerous activities.


Can we get a source on very little drug usage in China?

From what I've read over the years, there actually is notable drug use in China for instance among factory workers.[1][2][3]

Also I'm sure lots of people on HN who are more intimately familiar with the Tenderloin can opine better than I but from what I understand, drug usage in Tenderloin is more of a symptom - not the core problem. Similarly, the drugs being used openly in Tenderloin are not the ones that individuals normally tout as "mind expanding" or therapeutic.

[1] https://pubmed.ncbi.nlm.nih.gov/30359871/ [2] http://www.xinhuanet.com/english/2019-06/26/c_138175718.htm [3] https://www.csmonitor.com/World/Asia-Pacific/2015/0503/Break...


1. externalities related to drug use are largely a consequence of their status as illegal. a lack of public awareness and any reasonable regulation create a situation where illicitly substances are orders of magnitude more dangerous than they need to be. To use china as a stand in here ignores a lot of history as well as fundamental differences in social organization that make assumptions non-portable to a western context

2. so what? do we fix their lack of information but allowing the DEA to publish (demonstrably false and misleading) propaganda under a guise of 'think of the children'? To assume that the DEA themselves aren't seceptible to bad actors is downright naive, dangerous even. All evidence points to the fact that our drug policy has failed to mitigate any of the social costs related to drugs, and in most cases, has increased social burden.


> 1. This assumes it’s impossible to disincentivize drug usage via really harsh penalties enforced by state power. But look at China, where they have very little drug usage, due to extremely harsh penalties, and extreme social stigma. Individuals don’t get “mind expanding” or therapeutic benefits of drugs, but at least the society is not paying the cost of externalities of drug usage (see San Francisco’s Tenderloin).

And yet China is where literal tons of drugs like fentanyl and its derivatives are manufactured illicitly and shipped around the world.


> But look at China, where they have very little drug usage, due to extremely harsh penalties, and extreme social stigma.

How do you know these are the reasons?


RIP democracies as we know them. Neo-feudalism is here. "You will own nothing. And be happy." Just like serfs in the middle ages.


Real story: NSA's data sharing with DEA et al in the course of illegal and unconstitutional parellel construction has showed said agencies just how much data they are missing out on... and now they want in.


Doctors often talk about how hard it is to treat patients because they're worried about being attacked for using drugs. This only makes their job harder.


Notice that we're talking about de-identified patient data here. There is a utility/privacy trade-off when using data containing private information: on the one hand, the patient's personal information must absolutely be protected, on the other hand, many processes could benefit from the information in such a data collection even without the knowledge of which data point belongs to which individual.

If de-identification is done right, it would be a bit of a stretch to talk about "surveillance" because that's the whole point of de-identification: remove any information from the records that allows a third-party to identify the underlying person from whom the data originated. Note especially that this includes inference attacks, i.e., not only should any occurrences of names be removed/masked but also any information that would allow an informed attacker to re-infer that information, i.e., cross-link the patient data back to a specific person.

The big elephant in the room, however, is the "If" at the beginning of the previous paragraph. As far as I see it, the problem lies not in wanting to establish some functionality that actually uses the collected information but whether appropriate privacy prerequisites have been put in place prior to that.


That if is not even an if.

They ask for: Gender, Age group, Zipcode and City

HIPAA already considers that too much under their safe habour rules, and k-anonymity (expert determination) can hardly be applied if you need to provide full zipcode and have a data-set that will grow/shrink over time.

https://www.hhs.gov/hipaa/for-professionals/privacy/special-...

edit: oh, and it seems they also ask for a "encrypted patient identifier", definitely doesn't seem kosher


33 bits of entropy to narrow down to a single individual. ~28 in USA

UID, Gender, Age group, Zipcode and City, plus of course your medication habits, is probably enough to deanonymize with a reasonable amount of confidence. Say age group is one of 8, age+gender is 5 bits of entropy. City zip is ~8. So that's 15 bits left on a good day.

Throw in any off-the-shelf targeted marketing data (usally worth 10-25 bits iirc) and you might as well use SSN as the patient ID.


As others noted, it is de-identified in name only. There is clearly sufficient information to make this something like a ROT13 analogue.

> If de-identification is done right

There is the rub, indeed. As a general rule, I don't trust de-identification. People mostly seem to reason poorly about how datasets can be merged and this has repeatedly failed.

Worse, I have seen it proposed to shut people up about privacy in situations where the proposer knew full well it would fail. De-identification was merely a prop in a con.

I would suggest that, if sensitive de-identified data is to be used by government, it go through a public trial challenge round. Let's let the public give a shot at it, it would build confidence and help suppress a little conspiratorial nonsense too, something we could use right now.


They should put their money where their mouth is and release the de-identified info of the high ranking DEA personnel. If they're so confident it's de-identified, it shouldn't be a problem. If that's a problem for them, the rest of us should definitely not trust it.


That's the rub isn't it? How can anyone think US Intel/LEO agencies will settle for de-anonymized anything? Their definition of anonymous seems to be "we didn't look at it yet."


Issue is once they target an individual as potentially abusing their prescription its only a matter of time before they seek a warrant to properly ID and raid that person. Guilty or innocent, those raids never go well for anyone or their dogs.


States already have similar registries that are not de-identified. Police or other local officials can review these registries almost at will. My provider requires patients to sign an expansive privacy waiver.

The US medical profession completely rolled over and sold out their patients. I can't figure out why, unless it is part of a deal to avoid being pursued or prosecuted for their part in creating the opioid crisis.


Just read through everything. This isn't just a wired RFP... its supercharged.

From Q&A:

> Answer: The provider of the information would need to have approvals to provide the information to DEA and provide it without additional costs or approvals from the original data provider. We would need it to be able to be analyzed outside of the host environment so that we could take the results of the query and create our own reports and dashboards and provide it to the necessary individuals in the field who could use the data for investigative purposes.

So... this information is required to be provided to the DEA by law... but apparently some 3rd party entity is receiving it (I'll bet this is for LexisNexus) with apparently no restrictions on how its used and now the DEA is going to pay a stupid amount of money so they can do whatever shady shit they have planned.


I know that from an ethical standpoint, the RFP is iffy, but from a technical standpoint, I find it fascinating. Basically a big RDBMS with a bunch of stored procedures. Maybe something fancy like Tableau in front of it. The hard part would be getting the data sanitized and into the DB, and access control. Probably lots of encryption requirements as well.

Also note this is an RFP, so the decision to do it has already been made, this is basically the procurement of the service happening here.


Many states have already created PMP (Prescription Monitoring Program) databases where all controlled scripts for a given patient are recorded. A pharmacist can pull up a patients record to see if they feel comfortable filling a controlled script.

Seems like a better solution to me than giving a law enforcement agency access to a patients medical records.


While I dislike the very idea of War Against Drugs, we (the Western world) are fairly clearly overmedicated and doctors should be motivated to prescribe less drugs, not more. Things like antibiotic resistance are no fun.

The lobbying of pharmaceutical companies is corosive to good medicine. I have a few doctor friends here in Czechia; even here, in a public health system, representatives of pharma companies do their utmost to cultivate a client-patron relationship with doctors, to get them to prescribe more drugs.

This year, I got off my antihypertonic medication by intermittent fasting. After 17 years no less. My cardiologist said: "OK, you do not need them anymore and you surprised me a bit, but do not expect others to follow your example. It is so normal just to take pills that people won't even try any lifestyle modification."

This is a dangerous norm.


At the risk of seeming like I'm helping the pharmaceutical industry off the hook; there's a flip-side to the pharmaceutical companies pushing their products the way they do: people want the pills. We--especially in the West--are lazy and we think it's ok to just take a pill and be done with it.

I commend you for doing the work you needed to do to get healthy! I wish more people would take that route instead of taking pills. It is so much more rewarding!


It possibly is, agreed, but as with all complex subjects that involve many different people who suffer through their own personal problems, in many cases, overlabeling people as too quick to prescribe drugs or seek them can also be a dangerous and highly politicized norm.

I strongly suggest reading this post for an alternative perspective on how damaging over-politicization of doctor-patient relationships can be in either direction.

https://slatestarcodex.com/2019/09/16/against-against-pseudo...


80% of all antibiotics in the US are given to livestock. The majority of infectious disease in humans originate via zoonosis. The agricultural industry is responsible for antibiotic resistance, not people being prescribed antibiotics.


> The DEA is interested in its agents having “unlimited access to patient de-identified data” on re/filled prescriptions, daily supply, payment type, dosing information and gender, among other characteristics, until at least 2025.

...


To hell with the DEA.


All the responses are about legality or process.

I mean, if we're going to defund the police, you can't pick a better target than the DEA. Just get rid of them. They represent everything that's wrong with moral policing.

In an ideal world, they would be defunded, the department's charter revoked by congress, and every employee investigated for criminal activity. See if they like a taste of the same bullshit they dish out to the rest of the country.


At the risk of a reddit-style comment: "Yes please."

Honestly just reverse the drug bans, treat them life public health problems, and disband agencies like this. Nothing good has ever come out of giving government agencies this kind of power and this kind of mandate.


>I mean, if we're going to defund the police, you can't pick a better target than the DEA

ATF wants you to hold its beer.

Seriously though, there's at least a few old farts who don't hate the DEA. The ATF has far fewer people who don't hate it.


This, short & sweet, to the point. Should be top comment.

Seriously. The other Orwellian agency installments are at least iffy with some potential justification for their existence, but I struggle to think of any way my life would be worse if the DEA were to just... not.


Oh interesting. I've been pretty lowsec on telling my medical practitioners about my drug use. Looks like this is for keeping tabs on people who buy prescription drugs. It's not about searching your records for illicit drug use. I guess I stick to what I'm doing now.


>I've been pretty lowsec on telling my medical practitioners about my drug use.

Also a good idea because physicians are less likely to prescribe you the same as someone else who doesn't use illicit drugs. They often make no distinction between someone telling them they use LSD once a year, or someone who admits they use opiates recreationally.


My provider requires random urinalysis and an expansive privacy waiver. (And everything is recorded in a state registry that is available to local government agents)

In the US, it is good practice to be careful with what you say to doctors, especially about drug use because patient-doctor privacy is mostly a myth these days.


This is ridiculous dragnetting.

The DEA already have the ability to ask for specific customer records without a warrant through HIPAA privacy rule exceptions. And good luck convincing your therapist or doctor that fulfilling such requests is a voluntary act on their part. That highly televised doctor-patient confidentiality is pretty much a myth once you reach the federal level.

That is bad enough, but now they want to simply take everyone's data and push it through algorithms to generate leads for more action? These guys are worse than sales people.


I am anti-drug-war. It's unjust and has bad results.

But I'm not quite sure what we should do about drugs, if anything. It's easy to write off adults for making poor choices, but many drugs are highly addictive and addiction often starts with children.

I can't say I'd be happy about a 7-11 selling heroin or meth.


I think there’s a lot of ground between the current War on Drugs, and 7-11 selling meth and heroin.

But doesn’t 7-11 already sell alcohol, and even in potentially lethal amounts?


> But I'm not quite sure what we should do about drugs, if anything. It's easy to write off adults for making poor choices, but many drugs are highly addictive and addiction often starts with children.

Offer drug treatment and rehab options for those who want to quit. Most people absolutely do not want to be addicts because addiction makes their lives miserable. It is incredibly expensive to seek treatment for drug addiction in this country, and there is a shortage of beds and caregivers relative to the number of people currently seeking treatment in the US.

> I can't say I'd be happy about a 7-11 selling heroin or meth.

That's hyperbole, but government funded clinics that supply people with cheap and uncut drugs, and a place to do them, does a lot for harm reduction in the countries with such programs.


>I can't say I'd be happy about a 7-11 selling heroin or meth.

While no one is advocating for that, but it used to be like that, in that you could go to a drug store and get opioids and what not. Coca-cola used to have cocaine in it, and so on.

In the past we were better off than today. People were not shooting up in the streets, yet heroin was readily available. The past is not the ideal path forward. We can do better than the past, and we can certainly do better than today.

A middle ground needs to be found (a global maxima) between de-regulation and over-regulation. I personally think having to take a test so you're an informed consumer is an ideal amount of regulation, but others might disagree.


If they are using this data to go after prescribers that is probably a good thing. If they are using it to go after users I don't see how that helps the root problem.


Going after doctors doesn't help the root of the problem either. It just makes it harder for everyone else to get drugs when you need them. Living in a fear driven society sucks.


I have a relative who worked for one of the largest narcotics prescribers in NJ, so I'm fairly familiar with the role certain prescribers play in perpetuating the opioid epidemic. Some of these doctors are absolutely part of the problem and barring them from medicine is the least we should do with them. Not all doctors are good people. Some care more about money than about their patients and will get patients addicted to drugs they don't need if it brings them more money.


Would you rather have drug abusers buying street drugs or prescription drugs I think summarizes the challenge concisely.


I would rather doctors not conspire to get people addicted to drugs in the first place. I'm not against prescription drug addicts having safe access to drugs, but we shouldn't act like prescribers are blameless either.


>but we shouldn't act like prescribers are blameless either.

I don't think anyone here is saying that. What's interesting is no matter what doctors do, 11% of the global population is addicted to drugs. I don't think prescribers can influence that. Psychologists can, but most drug addicts suffer from avoidant personality disorder, which is regarded as the single most difficult psychological disorder to work with.


That's interesting about avoidant personality disorder. I wasn't aware of that, but it does fit a lot of the addicts I know.


If it's okay for the DEA to get this information without a warrant so can other agencies get it.


ThePreacherMan 6 hours ago [dead] [–]

Defund. Defund. Defund.

mtgx 9 hours ago [dead] [–]

Just when marijuana is about to be legalized at the federal level. This can't be a coincidence. They will no longer be able to arrest people for marijuana, but now they can arrest them for dozens or hundreds of other drugs. Seems like a net "win" for the DEA.


Haven't they noticed there's a pandemic on?


What they've noticed is that the trend toward cannabis legalization has left entire departments within their agency with little or nothing to do. This is anathema to any government bureaucracy, including the DEA. Accordingly, they are now looking for new ways to justify their budget.


Yet anóther win for the prétend war on drúgs!


If the DEA feels it needs all this to find more opiate addicts, they could save time & money by walking the streets of San Francisco instead.

The privacy implications are horrifying.


States have these registries in place already. This is just the next step.

edit-to-add: but the state registries are not de-identified.


The drug war is collapsing. There's going to be a crunch on social security and medicare soon as more boomers retire, so the budget vultures will be circling. The DEA will search frantically for a reason to exist, something they can bring to congress to justify their funding.


After the recent ballots in many states decriminalizing various drugs, I saw a number of memes congratulating "drugs" on "winning the war on drugs".


I saw a joke on that the other day:

After hearing about Oregon's recent de-criminalization of hard drugs, a bunch of druggies were celebrating by doing cocaine in a public park. An officer walks up to them and says, "Is that a plastic straw?"


I’d throw a party when they are dissolved. Horrible abuses of our civil rights in the name of protecting us from drugs (something they have unequivocally failed to succeed at).


[flagged]


Sure, let's go throw everyone in prison. Because that worked well. /s

Instead we should be trying to get addicts into treatments, homeless into housing, and trying to improve the quality of life for citizens.


Pocket won't let me save this link. Other links work fine... weird.


Or they could just make phentanol a schedule 1 drug and get it off the market. Opioid crisis eneded.


most black market fentanyl does not come from diverted prescriptions. the only thing this would do would be to prevent physicians prescribing fentanyl in cases where it's the ideal drug for pain management.


I dont think it's ever the ideal drug for pain management. Its fast acting and short duration, not ideal for chronic pain. Those characteristics also make it more addictive. There were drugs for pain management before and nobody complained about them not being good enough.

There would not be much of a black market for it if physicians and pharma were not getting people addicted.


The problem is fentanyl is super cheap to make, so it's used as a filler in other opioid based drugs on the street right now. Problem is the OD threshold is so low, you don't know if you're going to get super weak heroin or heroin that will kill you when taking a quarter of your normal dose. Because of this people start defaulting to buying fentanyl, not because it's better, but because they have no other option.

These are the kind of people who aren't smart enough or well enough to get a prescription of what they need, so they have to turn to the streets.

In the 1950s there was an antidepressant that worked on the kind of depression today we call treatment-resistant depression. You can still get it prescribed, but it's a pain in the ass, because it's opioid based. It's a long lasting 12 or 24 hour patch that normalizes the persons pain and emotional state. It doesn't get them high but it normalizes them. It's not ideal for physical pain, but for most forms of mental pain, which is why many turn to the street, it is ideal. These people should be getting prescribed with this, but they don't know about it and getting it is near impossible because of the stigma.

Every new iteration of drug is worse than the last. People were not out in the street shooting up when the drug war started, but before the drug war heroin was easy for anyone to obtain. They had better tools then. As counter intuitive as it is, the drug war created this mess.


> I dont think it's ever the ideal drug for pain management.

this is a bold claim to make. it's worth having a wide range of drugs in a particular class, because they all have different side effect profiles and will affect individual patients differently. the short duration makes it ideal for use as an anesthetic, for instance. it is also safer than many of the older opioids, in the sense that the difference between an effective and lethal dose is much larger. when the short duration is not desired, this can be easily fixed with a time release mechanism.

the main danger with fentanyl is it's high potency by weight. this is not an issue in a controlled medical setting, nor with the transdermal patches that are typically used in outpatient.

> There would not be much of a black market for it if physicians and pharma were not getting people addicted.

this reflects a misunderstanding of the psychology of addicts imo. the exact opioid is usually fungible to an addict; they want whatever gets them the most high for the least money. they probably have a favorite, but you rarely hear of people who specifically seek out fentanyl. in other words, I don't think there are many people who are addicted to fentanyl specifically.


How 'bout we do something about that Chinese fentanyl, DEA, would that be too much to ask?


First of all, problem with fentanyl is that it's ~100x more potent than morphine, or ~20x times more potent than heroin. While many people read this as "it's got 100x times stronger high", it doesn't mean that (actually it has shorter acting high, more adverse side effects and slightly less enjoyable high compared to heroin). It's just means you need 20x times lower quantity for comparable effect. Given that into account, you need 20x lower quantity to smuggle. It's physically impossible for ANY agency to control millions and millions of postal shipments containing small amounts of contraband. It's one thing to push 100kg containers of heroin, and whole another game ordering 50 grams from Dark web. It's incontrollable in that way.

Second, what you're basically asking for is MORE WAR ON DRUGS. Addiction is public and mental health problem, and should be approached as such. DEA is the last agency you should plead for help in times of crisis such as this opioid one. Harm reduction programs are proven as best way to tackle such problems, proven time and time again around the world.

Third, calling fentanyl "Chinese fentanyl" is reminiscent of recent declarations of "Chinese virus". It's fentanyl. It doesn't have nationality.


I suspect that as a fully synthetic opiod, fentanyl is less likely to have much in the way of higher vapour pressure impurities vs. an acetylated purified plant extract like heroin. My guess is that on top of taking up 20x less space, it's more than 20x harder for dogs to smell due to having fewer low molecular weight impurities that outgas/evaporate.


It's made mostly in China right now though, so it's quite literally "Chinese". Proof: https://www.dea.gov/sites/default/files/2020-03/DEA_GOV_DIR-...

And yeah, I do think that not preventing its import is doing a tremendous amount of harm. If you want to call this "war on drugs", call it what you wish, but I think everyone would be better off if the arrows in that PDF were eliminated.


>It's made mostly in China right now though, so it's quite literally "Chinese". Proof:

It doesn't say that at all, it says that most of the _import_ into the US is Chinese made fentanyl. It does not touch at all on US made fentanyl.


DEA has never successfully 'done something' about any drug.

All they do is partially constrain the supply, increasing the price and thus profitability of smuggling the drug in.

The best way to fight "Chinese fentanyl" is with non-DEA harm reduction measures: free drug treatment, education, and creating a social safety net so addicts don't have to resort to crime to stay off the street.

Want to beat Chinese fentanyl with a single stroke of the pen? Make a program where addicts can go into a center daily to get pure government-paid-for heroin. The vast majority of societal harms from illegal drugs come from the effects of prohibition: free clean drugs would make smuggling no longer profitable, would create a centralized location for social services to communicate cessation options to addicts, and remove the "I need money for drugs" cause of the overwhelming majority of drug-related crimes.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: