Is this a case of someone not realizing that pandemic-time laws suddenly reverted back to the normal right under them, or is this alleged to have been done with the full understanding of committing a violation?
"A law can bind only when it is reasonably possible for those to whom it applies to acquire knowledge of it in order to observe it, even if actual knowledge of the law is absent for a particular individual. A secret law is no law at all." - https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusa
I was suggesting that there are sometimes exceptions even if in this case the exception does not apply in this case.
Additionally while the general rule is intended to prevent people from avoiding guilt by avoiding awareness it's important to leave open the possibility that this default assumption made for the sake of expedience is open to abuse by those making the laws.
I'm late in replying here, I know, but I would say that this is not an exception to the rule "ignorance of the law is not an excuse," but rather a new rule: "secret laws are not enforceable."
That said, we're getting into the weeds here and I understand (and don't disagree with) the gist of what you're saying.
It's fraud. COVID allowed for telehealth visits, but you still had to do it.
Looks like Done allowed users to get both ADHD diagnoses and meds without even doing as much as video or audio call, and they allowed for automated refills without doing med management sessions, which are required to re-fill medication. All the while, they were able to receive insurance reimbursement for those consultations that did not happen.
There's an issue with distribution of ADHD medication in this country. It's both dehumanizing and unpredictable. The DEA ought to shoulder some blame for people seeking these type of services. But what Done did was downright irresponsible. Two people died from stimulant overdoes. That just doesn't happen for people who need the medicine for their day-to-day. One of the things that doctors are supposed to do during med management session is to monitor the behavior of their patients for patterns of abuse.
> Prosecutors also charged the two executives with ....... and obstructing justice by .... and using encrypted messaging programs to limit scrutiny of their actions.
So, is using encrypted messaging illegal or not?
I get that if the court orders you to keep records and you take actions to avoid leaving records, that has been considered obstruction of justice. But the article doesn't say anything about them being ordered to keep records before their arrest.
"The indictment also alleges that He and Brody conspired to obstruct justice after a grand jury subpoena was issued to another telehealth company and in anticipation of a subpoena being issued to Done, including by deleting documents and communications, using encrypted messaging platforms instead of company email, and ultimately failing to produce documents in response to a subpoena issued to Done by a federal grand jury."
> So, is using encrypted messaging illegal or not?
It depends what you're using it for. Several encrypted messaging programs offer the option of auto-deleting messages, in which case using that program and feature, or using that program without that feature but then refusing to divulge the communications when asked, while discussing certain business matters or arriving at business decisions, would be a violation of at least that state's implementation (if any) of the Uniform Preservation of Private Business Records Act. Many other state and federal requirements apply depending on the circumstances; for example, HIPAA requires retention of any medical information or information used in evaluating medical decisions for a period of 6 years.
They're really going after the serious criminals right here. This prosecution will definitely help repair our society's belief in the equity of the justice system. </s>
I've got to wonder how much time, measured in average human lifetimes, has been killed from patients having to suffer through the medical industry's agency-destroying bureaucratic churn merely to find the correct "provider" bureaucrat-intermediary to approve access to healthcare. Never mind cleaning up the ensuing medical billing shakedown messes.
Has it occurred to you that the ongoing difficulty of obtaining Adderall by more conventional means (eg being prescribed by your personal care physician/specialist and filling your prescription at a drugstore) might be impacted by a startup that was trying to disrupt the market and had tens of millions of dollars to do it with?
I wasn't referring to the Adderall shortages specifically, but rather the general state of the medical system these days. Offices filled with people sitting around with lists of reasons of why they can't actually do anything except put in a request for someone else to call you back eventually and/or give you a mimeographed list of referrals for you to call (who are all booking out months in advance, if they're not out of business or even deceased [0]). Or you can try going to this special urgent care in another city, and make sure you get there in line an hour before they open otherwise they won't see you before they close at the end of the day. I'd imagine this is essentially how living in the Soviet Union must have been.
So I'll cheer on anything that attempts to break this symbiotic deadlock created by "providers", "insurers", and regulatory capture. And it's much nicer when that can happen within some of our existing regulations for things like product safety, rather than having to go completely out on a limb to grey-market foreign pharmacies.
[0] wish this were hyperbole! alright the "mimeographed" part was, but with the quality of the photocopy it might as well have been in purple.
A similar area I see is a bunch of businesses in the dubious "letter of medical necessity"-mills.
That is, for FSA reimbursement, there are a slew of "dual purpose" treatments that can only be reimbursed if you get a letter of medical necessity. E.g. want to just get a massage to feel better? That's not covered. But a doctor says you need it to treat a specific condition? Oh, then it's covered.
So basically now there is a cottage industry of companies writing these letters for anyone who asks. But honestly, I just blame the IRS, who created this stupid insanity in the first place. They should just have blanket rules (e.g. all massages in or out), instead of this loophole that is destined to be exploited. Plus, I agree with the critics who say it's just proof that our sick-care system profits on making you sick and then profits on selling the cure. Want to spend money for a healthy diet or an exercise program? That's not covered. But want to spend money on a host of prescription drugs to counter metabolic syndrome? That's covered.
They should also hold prescribers accountable. As a certified physician you hold powers and responsibilities. In many countries these prescribers would lose their licence.
The fact that this is completely unmentioned in the article really surprised me. The physicians may not have done insurance fraud, but they absolutely committed medical malpractice, and they did so for the sake of personal profit.
> From 2012 to 2022, overall dispensing of stimulants in the US increased by 57.9%.
> Stimulants dispensed among the 31-40-year-old (yo) and 71-80yo age groups more than tripled since 2012; from 2012 to 2022, prescriptions dispensed rose from 5.4 million to 17.5 million among those 31-40yo, and from 0.1 million to 0.9 million among those 71-80yo.
> From 2012 to 2021, male patients had more stimulant prescriptions dispensed than female patients. By 2022, the number of stimulants dispensed to females were slightly higher than for males. Compared to 2012, prescriptions dispensed increased by 35.6% for males and 87.5% for females.
Stimulant Prescription Trends in the United States From 2012-2022:
Anyone else feels as if acidic bile is rising up their throats at the mention of the word "startup"? I think it is my mind's simulated response to toxic culture, colossally bad deals for most startup employees, and the vile VCs.
27 comments
[ 3.5 ms ] story [ 66.5 ms ] threadIgnorance of the law is not an excuse.
Additionally while the general rule is intended to prevent people from avoiding guilt by avoiding awareness it's important to leave open the possibility that this default assumption made for the sake of expedience is open to abuse by those making the laws.
That said, we're getting into the weeds here and I understand (and don't disagree with) the gist of what you're saying.
Looks like Done allowed users to get both ADHD diagnoses and meds without even doing as much as video or audio call, and they allowed for automated refills without doing med management sessions, which are required to re-fill medication. All the while, they were able to receive insurance reimbursement for those consultations that did not happen.
There's an issue with distribution of ADHD medication in this country. It's both dehumanizing and unpredictable. The DEA ought to shoulder some blame for people seeking these type of services. But what Done did was downright irresponsible. Two people died from stimulant overdoes. That just doesn't happen for people who need the medicine for their day-to-day. One of the things that doctors are supposed to do during med management session is to monitor the behavior of their patients for patterns of abuse.
So, is using encrypted messaging illegal or not?
I get that if the court orders you to keep records and you take actions to avoid leaving records, that has been considered obstruction of justice. But the article doesn't say anything about them being ordered to keep records before their arrest.
"The indictment also alleges that He and Brody conspired to obstruct justice after a grand jury subpoena was issued to another telehealth company and in anticipation of a subpoena being issued to Done, including by deleting documents and communications, using encrypted messaging platforms instead of company email, and ultimately failing to produce documents in response to a subpoena issued to Done by a federal grand jury."
It depends what you're using it for. Several encrypted messaging programs offer the option of auto-deleting messages, in which case using that program and feature, or using that program without that feature but then refusing to divulge the communications when asked, while discussing certain business matters or arriving at business decisions, would be a violation of at least that state's implementation (if any) of the Uniform Preservation of Private Business Records Act. Many other state and federal requirements apply depending on the circumstances; for example, HIPAA requires retention of any medical information or information used in evaluating medical decisions for a period of 6 years.
I've got to wonder how much time, measured in average human lifetimes, has been killed from patients having to suffer through the medical industry's agency-destroying bureaucratic churn merely to find the correct "provider" bureaucrat-intermediary to approve access to healthcare. Never mind cleaning up the ensuing medical billing shakedown messes.
So I'll cheer on anything that attempts to break this symbiotic deadlock created by "providers", "insurers", and regulatory capture. And it's much nicer when that can happen within some of our existing regulations for things like product safety, rather than having to go completely out on a limb to grey-market foreign pharmacies.
[0] wish this were hyperbole! alright the "mimeographed" part was, but with the quality of the photocopy it might as well have been in purple.
That is, for FSA reimbursement, there are a slew of "dual purpose" treatments that can only be reimbursed if you get a letter of medical necessity. E.g. want to just get a massage to feel better? That's not covered. But a doctor says you need it to treat a specific condition? Oh, then it's covered.
So basically now there is a cottage industry of companies writing these letters for anyone who asks. But honestly, I just blame the IRS, who created this stupid insanity in the first place. They should just have blanket rules (e.g. all massages in or out), instead of this loophole that is destined to be exploited. Plus, I agree with the critics who say it's just proof that our sick-care system profits on making you sick and then profits on selling the cure. Want to spend money for a healthy diet or an exercise program? That's not covered. But want to spend money on a host of prescription drugs to counter metabolic syndrome? That's covered.
> From 2012 to 2022, overall dispensing of stimulants in the US increased by 57.9%.
> Stimulants dispensed among the 31-40-year-old (yo) and 71-80yo age groups more than tripled since 2012; from 2012 to 2022, prescriptions dispensed rose from 5.4 million to 17.5 million among those 31-40yo, and from 0.1 million to 0.9 million among those 71-80yo.
> From 2012 to 2021, male patients had more stimulant prescriptions dispensed than female patients. By 2022, the number of stimulants dispensed to females were slightly higher than for males. Compared to 2012, prescriptions dispensed increased by 35.6% for males and 87.5% for females.
Stimulant Prescription Trends in the United States From 2012-2022:
https://deadiversion.usdoj.gov/drug_chem_info/stimulants/IQV...