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Public Financing of Pain Management: Leaky Umbrellas and Ragged Safety Nets

Timothy Stoltzfus Jost
Washington and Lee University - School of Law



Journal of Law, Medicine and Ethics, Vol. 26, No. 4, 1998

Abstract:     
The undertreatment of pain has increasingly been recognized in recent years as a major problem. Many persons in pain are dependent upon public health care financing programs for their medical care. Limitations in these programs is a significant contributing factor to the undertreatment of pain. This article analyzes gaps and deficiencies in the Medicare and Medicaid programs with respect to pain management. Particular problems in Medicare include its lack of coverage of outpatient medications, its skilled nursing home standards, and its restrictions on hospice coverage. Problems with Medicaid drug coverage and drug use limitations are also explored. Finally, the effect of Medicare and Medicaid fraud and abuse law in potentially deterring adequate pain management is also considered. The article includes recommendations for covering and encouraging proper pain management in Medicare and Medicaid.

JEL Classifications: I11, I12, I18

Accepted Paper Series

Date posted: January 05, 1999 ; Last revised: January 22, 1999

Suggested Citation

Jost, Timothy Stoltzfus, Public Financing of Pain Management: Leaky Umbrellas and Ragged Safety Nets. Journal of Law, Medicine and Ethics, Vol. 26, No. 4, 1998. Available at SSRN: http://ssrn.com/abstract=144569


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Contact Information

Timothy Stoltzfus Jost (Contact Author)
Washington and Lee University - School of Law ( email )
Lexington, VA 24450
United States
540-458-8510 (Phone)
540-458-8488 (Fax)
Feedback to SSRN (Beta)


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