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Using Opioid Settlement Cash for Police Gear Like Squad Cars and Scanners Sparks Debate

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Aneri Pattani
Mon, 23 Oct 2023 09:00:00 +0000

Policing expenses mount quickly: $25,000 for a law enforcement conference about fentanyl in Colorado; $18,000 for technology to unlock cellphones in Southington, Connecticut; $2,900 for surveillance cameras and to train officers and canines in New Lexington, Ohio. And in other communities around the country, hundreds of thousands for vehicles, body scanners, and other equipment.

In these cases and many others, and local governments are turning to a new means to pay those bills: opioid settlement cash.

This money — totaling more than $50 billion across 18 years — comes from national settlements with more than a dozen companies that made, sold, or distributed opioid painkillers, including Johnson & Johnson, AmerisourceBergen, and Walmart, which were accused of fueling the epidemic that addicted and killed millions.

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Directing the funds to police has triggered difficult questions about what the money was meant for and whether such spending truly helps save lives.

Terms vary slightly across settlements, but, in most cases, state and local governments must spend at least 85% of the cash on “opioid remediation.”

Paving roads or building schools is out of the question. But if a new cruiser helps officers reach the scene of an overdose, does that count?

Answers are being fleshed out in real time.

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The money shouldn't be spent on “things that have never really made a difference,” like arresting low-level drug dealers or throwing people in jail when they need treatment, said Brandon del Pozo, who served as a police officer for 23 years and is currently an assistant professor at Brown University researching policing and public . At the same time, “you can't just cut the police out of it. Nor would you want to.”

Many communities are finding it difficult to thread that needle. With fentanyl, a powerful synthetic opioid, the streets and more than 100,000 Americans dying of overdoses each year, some people argue that efforts to crack down on drug trafficking warrant law enforcement spending. Others say their war on drugs failed and it's time to emphasize treatment and social services. Then there are local who recognize the limits of what police and jails can do to stop addiction but see them as the only services in town.

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What's clear is that each — whether to fund a treatment facility or buy a squad car — is a trade-off. The settlements will deliver billions of dollars, but that windfall is dwarfed by the toll of the epidemic. So increasing funding for one approach means shortchanging another.

“We need to have a balance when it comes to spending opioid settlement funds,” said Patrick Patterson, vice chair of Michigan's Opioid Advisory Commission, who is in recovery from opioid addiction. If a county funds a recovery coach inside the jail, but no recovery services in the community, then “where is that recovery coach going to take people upon release?” he asked.

Jail Technology Upgrades?

In Michigan, the debate over where to spend the money centers on body scanners for jails.

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Email obtained by KFF Health show at least half a dozen sheriff departments discussed buying them with opioid settlement funds.

Kalamazoo County finalized its purchase in July: an Intercept body scanner marketed as a “next-generation” screening tool to jails detect contraband someone might smuggle under clothing or inside their bodies. It takes a full-body X-ray in 3.8 seconds, the company website says. The price tag is close to $200,000.

Jail administrator and police Capt. Logan Bishop said they bought it because in 2016 a 26-year-old man died inside the jail after drug-filled balloons he'd hidden inside his body ruptured. And last year, staffers saved a man who was overdosing on opioids he'd smuggled in. In both cases, officers hadn't found the drugs, but the scanner might have identified them, Bishop said.

“The ultimate goal is to save lives,” he added.

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St. Clair County also approved the purchase of a scanner with settlement dollars. Jail administrator Tracy DeCaussin said six people overdosed inside the jail within the past year. Though they survived, the scanner would enhance “the safety and security of our facility.”

But at least three other counties came to a different decision.

“Our county attorney read over parameters of the settlement's allowable expenses, and his opinion was that it would not qualify,” said Sheriff Kyle Rosa of Benzie County. “So we had to hit the brakes” on the scanner.

Macomb and Manistee counties used alternative funds to buy the devices.

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Scanners are a reasonable purchase from a county's general funds, said Matthew Costello, who worked at a Detroit jail for 29 years and now helps jails develop addiction treatment programs as part of Wayne State University's Center for Behavioral Health and Justice.

After all, technology upgrades are “part and parcel of running a jail,” he said. But they shouldn't be bought with opioid dollars because body scanners do “absolutely nothing to address substance use issues in jail other than potentially finding substances,” he said.

Many experts across the criminal justice and addiction treatment fields agree that settlement funds would be better spent increasing access to medications for opioid use disorder, which have been shown to save lives and keep people engaged in treatment longer, but are frequently absent from jail care.

Who Is on the Front Lines?

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In August, more than 200 researchers and clinicians delivered a call to action to officials in charge of opioid settlement funds.

“More policing is not the answer to the overdose crisis,” they wrote.

In fact, years of research suggests law enforcement and criminal justice initiatives have exacerbated the problem, they said. When officers respond to an overdose, they often arrest people. Fear of arrest can keep people from calling 911 in overdose emergencies. And even if police are accompanied by mental health professionals, people can be scared to engage with them and connect to treatment.

A study published this year linked seizures of opioids to a doubling of overdose deaths in the areas surrounding those seizures, as people turned to new dealers and unfamiliar drug supplies.

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“Police activity is actually causing the very harms that police activity is supposed to be stemming,” said Jennifer Carroll, an author of that study and an addiction policy researcher who signed the call to action.

Officers are meant to enforce laws, not deliver public health interventions, she said. “The best thing that police can do is recognize that this is not their lane,” she added.

But if not police, who will fill that lane?

Rodney Stabler, chair of the board of commissioners in Bibb County, Alabama, said there are no specialized mental health treatment options nearby. When residents need care, they must drive 50 minutes to Birmingham. If they're suicidal or in severe withdrawal, someone from the sheriff's office will drive them.

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So Stabler and other commissioners voted to spend about $91,000 of settlement funds on two Chevy pickups for the sheriff's office.

“We're going to have to have a dependable truck to do that,” he said.

Commissioners also approved $26,000 to outfit two new patrol vehicles with lights, sirens, and radios, and $5,500 to purchase roadside cameras that scan passing vehicles and wanted license plates.

Stabler said these investments support the county agencies that most directly deal with addiction-related issues: “I think we're using it the right way. I really do.”

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Shawn Bain, a retired captain of the Franklin County, Ohio, sheriff's office, agrees.

“People need to look beyond, ‘Oh, it's just a vest or it's just a squad car,' because those tools could impact and reduce drugs in their communities,” said Bain, who has more than 25 years of drug investigation experience. “That cruiser could very well stop the next guy with five kilos of cocaine,” and a vest “could save an officer's life on the next drug raid.”

That's not to say those tools are the solution, he added. They need to be paired with equally important education and prevention efforts, he said.

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However, many advocates say the balance is off. Law enforcement has been well funded for years, while prevention and treatment efforts lag. As a result, law enforcement has become the de facto front line, even if they're not well suited to it.

“If that's the front lines, we've got to move the line,” said Elyse Stevens, a primary care doctor at University Medical Center New Orleans, who specializes in addiction. “By the time you're putting someone in jail, you've missed 10,000 opportunities to help them.”

Stevens treats about 20 patients with substance use disorder daily and has appointments booked out two months. She skips lunch and takes patient calls after hours to meet the demand.

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“The answer is treatment,” she said. “If we could just focus on treating the patient, I promise you all of this would disappear.”

Sheriffs to Be Paid Millions

In Louisiana, where Stevens works, 80% of settlement dollars are flowing to parish governments and 20% to sheriffs' departments.

Over the lifetime of the settlements, sheriffs' offices in the state will receive more than $65 million — the largest direct allocation to law enforcement nationwide.

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And they do not have to account for how they spend it.

While parish governments must submit detailed annual expense reports to a statewide opioid task force, the state's settlement agreement exempts sheriffs.

Louisiana Attorney General Jeff Landry, who authored that agreement and has since been elected governor, did not respond to questions about the discrepancy.

Chester Cedars, president of St. Martin parish and a member of the Louisiana Opioid Abatement Task Force, said he's confident sheriffs will spend the money appropriately.

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“I don't see a whole lot of sheriffs trying to buy bullets and bulletproof vests,” he said. Most are “eager to find programs that will keep people with substance abuse problems out of their jails.”

Sheriffs are still subject to standard state audits and public records requests, he said.

But there's room for skepticism.

Why would you just give them a check” with nothing “to make sure it's being used properly?” said Tonja Myles, a community activist and former military police officer who is in recovery from addiction. “Those are the kinds of things that mess with people's trust.”

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Still, Myles knows she has to work with law enforcement to address the crisis. She's starting a pilot program with Baton Rouge police, in which trained people with personal addiction experience will accompany officers on overdose calls to connect people to treatment. East Baton Rouge Parish is funding the pilot with $200,000 of settlement funds.

“We have to learn how to coexist together in this space,” Myles said. “But everybody has to know their role.”

——————————
By: Aneri Pattani
Title: Using Opioid Settlement Cash for Police Gear Like Squad Cars and Scanners Sparks Debate
Sourced From: kffhealthnews.org/news/article/using-opioid-settlement-cash-for-police-gear-like-squad-cars-and-scanners-sparks-debate/
Published Date: Mon, 23 Oct 2023 09:00:00 +0000

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The Lure of Specialty Medicine Pulls Nurse Practitioners From Primary Care

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Michelle Andrews
Fri, 17 May 2024 09:00:00 +0000

For many , seeing a nurse practitioner has become a routine part of primary care, in which these “NPs” often perform the same tasks that patients have relied on for.

But NPs in specialty care? That's not routine, at least not yet. Increasingly, though, nurse practitioners and physician assistants are joining cardiology, dermatology, and other specialty practices, broadening their skills and increasing their income.

This development worries some people who track the workforce, because current trends suggest primary care, which has counted on nurse practitioners to backstop physician shortages, soon might not be able to rely on them to the same extent.

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“They're succumbing to the same challenges that we have with physicians,” said Atul Grover, executive director of the Research and Action Institute at the Association of American Medical Colleges. The rates NPs can command in a specialty practice “are quite a bit higher” than practice salaries in primary care, he said.

When nurse practitioner programs began to proliferate in the 1970s, “at first it looked great, producing all these nurse practitioners that go to work with primary care physicians,” said Yalda Jabbarpour, director of the American Academy of Physicians' Robert Graham Center for Policy Studies. “But now only 30% are going into primary care.”

Jabbarpour was referring to the 2024 primary care scorecard by the Milbank Memorial Fund, which found that from 2016 to 2021 the proportion of nurse practitioners who worked in primary care practices hovered between 32% and 34%, even though their numbers grew rapidly. The proportion of physician assistants, also known as physician associates, in primary care ranged from 27% to 30%, the study found.

Both nurse practitioners and physician assistants are advanced practice clinicians who, in addition to graduate degrees, must complete distinct education, training, and certification steps. NPs can practice without a doctor's supervision in more than two dozen states, while PAs have similar independence in only a handful of states.

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About 88% of nurse practitioners are certified in an area of primary care, according to the American Association of Nurse Practitioners. But it is difficult to track exactly how many work in primary care or in specialty practices. Unlike physicians, they're generally not required to be endorsed by a national standard-setting body to practice in specialties like oncology or cardiology, for example. The AANP declined to answer questions about its annual workforce survey or the extent to which primary care NPs are moving toward specialties.

Though data tracking the change is sparse, specialty practices are adding these advanced practice clinicians at almost the same rate as primary care practices, according to frequently cited research published in 2018.

The clearest evidence of the shift: From 2008 to 2016, there was a 22% increase in the number of specialty practices that employed nurse practitioners and physician assistants, according to that study. The increase in the number of primary care practices that employed these professionals was 24%.

Once more, the most recent projections by the Association of American Medical Colleges predict a dearth of at least 20,200 primary care physicians by 2036. There will also be a shortfall of non-primary care specialists, including a deficiency of at least 10,100 surgical physicians and up to 25,000 physicians in other specialties.

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When it to the actual work performed, the lines between primary and specialty care are often blurred, said Candice Chen, associate professor of health policy and management at George Washington .

“You might be a nurse practitioner working in a gastroenterology clinic or cardiology clinic, but the scope of what you do is starting to overlap with primary care,” she said.

Nurse practitioners' salaries vary widely by location, type of facility, and experience. Still, according to data from recruiter AMN Healthcare Physician Solutions, formerly known as Merritt Hawkins, the total annual average starting compensation, including signing bonus, for nurse practitioners and physician assistants in specialty practice was $172,544 in the year that ended March 31, slightly higher than the $166,544 for those in primary care.

According to forecasts from the federal Bureau of Labor Statistics, nurse practitioner will increase faster than jobs in almost any other occupation in the decade leading up to 2032, growing by 123,600 jobs or 45%. (Wind turbine service technician is the only other occupation projected to grow as fast.) The growth rate for physician assistants is also much faster than average, at 27%. There are more than twice as many nurse practitioners as physician assistants, however: 323,900 versus 148,000, in 2022.

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To Grover, of the AAMC, numbers like this signal that there will probably be enough NPs, PAs, and physicians to meet primary care needs. At the same time, “expect more NPs and PAs to also flow out into other specialties,” he said.

When Pamela Ograbisz started working as a registered nurse 27 years ago, she worked in a cardiothoracic intensive care unit. After she became a family nurse practitioner a few years later, she found a job with a similar specialty practice, which trained her to take on a bigger role, first running their outpatient clinic, then working on the floor, and later in the intensive care unit.

If nurse practitioners want to specialize, often “the doctors mentor them just like they would with a physician residency,” said Ograbisz, now vice president of clinical operations at temporary placement recruiter LocumTenens.com.

If physician assistants want to specialize, they also can do so through mentoring, or they can receive “certificates of added qualifications” in 10 specialties to demonstrate their expertise. Most employers don't “encourage or require” these certificates, however, said Jennifer Orozco, chief medical officer at the American Academy of Physician Associates.

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There are a number of training programs for family nurse practitioners who want to develop skills in other .

Raina Hoebelheinrich, 40, a family nurse practitioner at a regional medical center in Yankton, South Dakota, recently enrolled in a three-semester post-master's endocrinology training program at Mount Marty University. She lives on a farm in nearby northeastern Nebraska with her husband and five sons.

Hoebelheinrich's new skills could be helpful in her current hospital job, in which she sees a lot of patients with acute diabetes, or in a clinic setting like the one in Sioux Falls, South Dakota, where she is doing her clinical endocrinology training.

Lack of access to endocrinology care in rural areas is a real problem, and many people may travel hundreds of miles to see a specialist.

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“There aren't a lot of options,” she said.

——————————
By: Michelle Andrews
Title: The Lure of Specialty Medicine Pulls Nurse Practitioners From Primary Care
Sourced From: kffhealthnews.org//article/nurse-practitioners-trend-primary-care-specialties/
Published Date: Fri, 17 May 2024 09:00:00 +0000

Did you miss our previous article…
https://www.biloxinewsevents.com/clean-needles-save-lives-in-some-states-they-might-not-be-legal/

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Clean Needles Save Lives. In Some States, They Might Not Be Legal.

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Ed Mahon, Spotlight PA and Sarah Boden, WESA
Fri, 17 May 2024 09:00:00 +0000

Kim Botteicher hardly thinks of herself as a criminal.

On the main floor of a former Catholic church in Bolivar, Pennsylvania, Botteicher runs a flower and cafe.

In the former church's basement, she also operates a nonprofit organization focused on helping people caught up in the drug epidemic get back on their feet.

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The nonprofit, FAVOR ~ Western PA, sits in a rural pocket of the Allegheny Mountains east of Pittsburgh. Her organization's home county of Westmoreland has seen roughly 100 or more drug overdose deaths each year for the past several years, the majority involving fentanyl.

Thousands more in the region have been touched by the scourge of addiction, which is where Botteicher in.

She helps people find housing, jobs, and health care, and works with families by running support groups and explaining that substance use disorder is a disease, not a moral failing.

But she has also talked publicly about how she has made sterile syringes available to people who use drugs.

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“When that person comes in the door,” she said, “if they are covered with abscesses because they have been using needles that are dirty, or they've been sharing needles — maybe they've got hep C — we see that as, ‘OK, this is our first step.'”

Studies have identified public health benefits associated with syringe exchange services. The Centers for Disease Control and Prevention says these programs reduce HIV and hepatitis C infections, and that new users of the programs are more likely to enter drug treatment and more likely to stop using drugs than nonparticipants.

This harm-reduction strategy is supported by leading health groups, such as the American Medical Association, the World Health Organization, and the International AIDS Society.

But providing clean syringes could put Botteicher in legal danger. Under Pennsylvania law, it's a misdemeanor to distribute drug paraphernalia. The state's definition includes hypodermic syringes, needles, and other objects used for injecting banned drugs. Pennsylvania is one of 12 states that do not implicitly or explicitly authorize syringe services programs through statute or regulation, according to a 2023 analysis. A few of those states, but not Pennsylvania, either don't have a state drug paraphernalia law or don't include syringes in it.

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Those working on the front lines of the opioid epidemic, like Botteicher, say a reexamination of Pennsylvania's law is long overdue.

There's an urgency to the issue as well: Billions of dollars have begun flowing into Pennsylvania and other states from legal settlements with companies over their role in the opioid epidemic, and syringe services are among the eligible interventions that could be supported by that money.

The opioid settlements reached between drug companies and distributors and a coalition of state attorneys general included a list of recommendations for spending the money. Expanding syringe services is listed as one of the core strategies.

But in Pennsylvania, where 5,158 people died from a drug overdose in 2022, the state's drug paraphernalia law stands in the way.

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Concerns over Botteicher's work with syringe services recently led Westmoreland County to cancel an allocation of $150,000 in opioid settlement funds they had previously approved for her organization. County Commissioner Douglas Chew defended the decision by saying the county “is very risk averse.”

Botteicher said her organization had planned to use the money to hire additional recovery specialists, not on syringes. Supporters of syringe services point to the cancellation of funding as evidence of the need to change state law, especially given the recommendations of settlement documents.

“It's just a huge inconsistency,” said Zoe Soslow, who leads overdose prevention work in Pennsylvania for the public health organization Vital Strategies. “It's causing a lot of confusion.”

Though sterile syringes can be purchased from pharmacies without a prescription, handing out free ones to make drug use safer is generally considered illegal — or at least in a legal gray area — in most of the state. In Pennsylvania's two largest cities, Philadelphia and Pittsburgh, officials have used local health powers to provide legal protection to people who operate syringe services programs.

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Even so, in Philadelphia, Cherelle Parker, who took office in January, has made it clear she opposes using opioid settlement money, or any city funds, to pay for the distribution of clean needles, The Philadelphia Inquirer has reported. Parker's position signals a major shift in that city's approach to the opioid epidemic.

On the other side of the state, opioid settlement funds have had a big effect for Prevention Point Pittsburgh, a harm reduction organization. Allegheny County reported spending or committing $325,000 in settlement money as of the end of last year to support the organization's work with sterile syringes and other supplies for safer drug use.

“It was absolutely incredible to not have to fundraise every single dollar for the supplies that go out,” said Prevention Point's executive director, Aaron Arnold. “It takes a lot of energy. It pulls away from actual delivery of services when you're constantly having to find out, ‘Do we have enough money to even purchase the supplies that we want to distribute?'”

In parts of Pennsylvania that lack these legal protections, people sometimes operate underground syringe programs.

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The Pennsylvania law banning drug paraphernalia was never intended to apply to syringe services, according to Scott Burris, director of the Center for Public Health Law Research at Temple University. But there have not been court cases in Pennsylvania to clarify the issue, and the failure of the legislature to act creates a chilling effect, he said.

Carla Sofronski, executive director of the Pennsylvania Harm Reduction Network, said she was not aware of anyone having faced criminal charges for operating syringe services in the state, but she noted the threat hangs over people who do and that they are taking a “great risk.”

In 2016, the CDC flagged three Pennsylvania counties — Cambria, Crawford, and Luzerne — among 220 counties nationwide in an assessment of communities potentially vulnerable to the rapid spread of HIV and to new or continuing high rates of hepatitis C infections among people who inject drugs.

Kate Favata, a resident of Luzerne County, said she started using heroin in her late teens and wouldn't be alive today if it weren't for the support and community she found at a syringe services program in Philadelphia.

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“It kind of just made me feel like I was in a safe . And I don't really know if there was like a -to-God moment or come-to-Jesus moment,” she said. “I just wanted better.”

Favata is now in long-term recovery and works for a medication-assisted treatment program.

At clinics in Cambria and Somerset Counties, Highlands Health provides free or low-cost medical care. Despite the legal risk, the organization has operated a syringe program for several years, while also testing for infectious diseases, distributing overdose reversal medication, and offering recovery options.

Rosalie Danchanko, Highlands Health's executive director, said she hopes opioid settlement money can eventually support her organization.

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“Why shouldn't that wealth be spread around for all organizations that are working with people affected by the opioid problem?” she asked.

In February, legislation to legalize syringe services in Pennsylvania was approved by a committee and has moved forward. The administration of Gov. Josh Shapiro, a Democrat, supports the legislation. But it faces an uncertain future in the full legislature, in which Democrats have a narrow majority in the House and control the Senate.

One of the bill's lead sponsors, state Rep. Jim Struzzi, hasn't always supported syringe services. But the Republican from western Pennsylvania said that since his brother died from a drug overdose in 2014, he has come to better understand the nature of addiction.

In the committee vote, nearly all of Struzzi's Republican colleagues opposed the bill. State Rep. Paul Schemel said authorizing the “very instrumentality of abuse” crossed a line for him and “would be enabling an evil.”

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After the vote, Struzzi said he wanted to build more bipartisan support. He noted that some of his own skepticism about the programs eased only after he visited Prevention Point Pittsburgh and saw how workers do more than just hand out syringes. These types of programs connect people to resources — overdose reversal medication, wound care, substance use treatment — that can save lives and lead to recovery.

“A lot of these people are … desperate. They're alone. They're afraid. And these programs bring them into someone who cares,” Struzzi said. “And that, to me, is a step in the right direction.”

At her nonprofit in western Pennsylvania, Botteicher is hoping lawmakers take action.

“If it's something that's going to help someone, then why is it illegal?” she said. “It just doesn't make any sense to me.”

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This story was co-reported by WESA Public Radio and Spotlight PA, an independent, nonpartisan, and nonprofit newsroom producing investigative and public-service journalism that power to account and drives positive change in Pennsylvania.

KFF Health News is a national newsroom that produces in-depth journalism about health issues and is one of the core operating programs at KFF—an independent source of health policy research, polling, and journalism. Learn more about KFF.

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This story can be republished for free (details).

——————————
By: Ed Mahon, Spotlight PA and Sarah Boden, WESA
Title: Clean Needles Save Lives. In Some States, They Might Not Be Legal.
Sourced From: kffhealthnews.org/news/article/clean-needles-syringe-services-programs-legal-gray-area-risk-pennsylvania/
Published Date: Fri, 17 May 2024 09:00:00 +0000

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Watch: John Oliver Dishes on KFF Health News’ Opioid Settlements Series

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Fri, 17 May 2024 09:00:00 +0000

Opioid manufacturers, distributors, and retailers are paying tens of billions of dollars in restitution to settle lawsuits related to their role in the nation's overdose epidemic. A recent of “Last Tonight With John Oliver” examined how that money is being spent by and local governments across the United States.

The segment from the KFF Health “Payback: Tracking the Opioid Settlement Cash.” You can learn more about the issue and read our collection of articles by Aneri Pattani here.

——————————
Title: Watch: John Oliver Dishes on KFF News' Opioid Settlements Series
Sourced From: kffhealthnews.org/news/article/watch-john-oliver-kff-health-news-payback-opioid-settlements-series/
Published Date: Fri, 17 May 2024 09:00:00 +0000

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