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HEROIN: COMBATING THE LATEST DRUG EPIDEMIC Dave Aronberg State Attorney, 15 th Judicial Circuit

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HEROIN: COMBATING THE LATEST DRUG EPIDEMIC

Dave AronbergState Attorney, 15th Judicial Circuit

41,285,772

1,021,933 794,124 489,942 302,873 255,442 240,768 231,877 188,102 174,208 1,102,120

-

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

35,000,000

40,000,000

45,000,000

FL OH GA MD CA TN KY PA NV NC Remaining

States

Nationwide Comparison of Oxycodone Purchases by Practitioners

January - June 2010

41,285,772

4,801,389

-

5,000,000

10,000,000

15,000,000

20,000,000

25,000,000

30,000,000

35,000,000

40,000,000

45,000,000

Florida Remaining States

Un

its

Pu

rch

ase

dNationwide Comparison of Oxycodone Purchases by Practitioners

January - June 2010

63% DECREASE IN OXYCODONE DEATHS IN FLORIDA BETWEEN

2010-2015

Source: Drugs Identified in Deceased Persons by Florida Medical Examiners 2015 Report

• Federal Law Protects Sober Homes

• Americans With Disabilities Act

• Fair Housing Act

• Federal Law Provides Insurance Benefits

• Mental Health Parity Act

• Affordable Care Act

• Cannot be denied for pre-existing condition

• Children on parents policy until age 26

• All policies must have mental health/substance use disorder coverage

---------------------------------------

75% of private patients in Florida are from out-of-state

PAVED WITH GOOD INTENTIONS…

Substance

Use

Disorder

Patient

Detox

&

Inpatient Treatment

PHP/IOP/OPSober Home

Sobriety

The Florida Model

In Theory

Substance

Use

Disorder

Patient

Detox &

Inpatient Treatment

PHP/IOP/OPSober Home

Sobriety

Labs

The Florida ModelIn Practice

Marketers$$$

$$$

$$$

$$$

CREATION OF THE SOBER HOMES TASK FORCE

• In 2016, the Florida Legislature appropriated $275,000 to the Palm Beach County State Attorney’s Office to:

• “Conduct a study aimed to strengthen investigation and prosecution of criminal and regulatory violations within the substance abuse treatment industry” and

• “Identify statutory clarifications and enhancements to existing law to ensure that communities remain safe and individuals with substance use disorders are protected.”

GRAND JURY

• At the same time, we empaneled a Grand Jury, which issued a Special Presentment on December 8, 2016 entitled “Report on the Proliferation of Fraud and Abuse in Florida’s Addiction Treatment Industry.”

• Page 13: “One witness demonstrated how online marketers use Google search terms to essentially hijack the name and reputation of notable treatment providers only to route the caller to another referral agency.”

LAW ENFORCEMENT TASK FORCE• Focused on Patient Brokering

and Healthcare Fraud

• 40 Individuals charged since October 2016 (39 felonies; 1 midemeanor)

• 13 Convicted

• Search warrants executed at over a dozen locations

• Toll Free Tip Line:1-844-324-5463

CIVILIAN WORKGROUPS

•EACH GROUP MEETS ONCE A MONTH

•DISCUSSIONS FOCUS ON FIXING STATE LAW TO PREVENT AND PENALIZE FRAUD AND ABUSE IN THE DRUG TREATMENT INDUSTRY

•MANY OF THE SUGGESTED LEGISLATIVE PROPOSALS HAVE ALREADY BEEN ENACTED INTO LAW.

CIVILIANWORKGROUPS

LAW ENFORCEMENT

• Proviso Group

• Doctors

• Industry Lawyers

• DCF, FADAA, FARR

• Other Industry Leaders

• Main Group

• Clinicians

• Patient Advocates

• Other Industry Leaders

• Full-time Prosecutor

• Multi-Agency Investigative Team Comprised of 14 Officers

• Palm Beach County Sheriff’s Office, Delray Beach PD, Boynton Beach PD, West Palm Beach PD, Boca PD, Riviera Beach PD, Palm Beach Gardens PD, Palm Springs PD, and Department of Financial Services

HB807: EFFECTIVE JULY 1, 2017 Creates “Truth in Marketing”& certification of

marketers by Department of Agriculture; criminal penalties

Toughens patient brokering laws

Gives the Attorney General statewide jurisdiction

Licenses clinical providers

Requires FARR certification of sober homes when patients are referred to or from providers

Strengthens Department of Children and Families (DCF) oversight & ability to deny or revoke licenses

OFFICE OF THE STATE ATTORNEY

FIFTEENTH JUDICIAL CIRCUIT

Dave [email protected]

Tip Line: 844-324-5463