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NY Spine and Wellness Center Reviews (2)

Dear Sirs: We have received and reviewed the complaint of [redacted] Please see below our responses to the specific allegationsWe are responding to you based upon clear and substantial documentation in Ms [redacted] 's medical recordComplaint: What were the noncompliance issues with the practice's controlled substance policy?Response: Attached is an unsigned copy of the lnformed Controlled Substance and Treatment AgreementThe provisions of this contract listed below were breached by Ms [redacted] , who on June 23,consented in writing to comply with the terms of this agreementaProvision # I agree to take my medications as prescribed, using them only for the intended purposeIf I take my medication more often or at a higher dosage than prescribed, I understand that I may be without the medication until the expected renewal date, and or my doctor may decide to discontinue prescribing controlled medications to meOn 09/19/2014, Ms [redacted] was determined to be non-compliant with the above provisionHowever, because she complained that there was a ''miscommunication," she was not taken of her prescription On 09/19/patient violated provision # On 02/26/patient violated provision # On 03/26/patient violated provision # bProvision # I agree to submit to a blood or urine test or pill count whenever requested by my doctorIf the results reveal that I have failed to comply with this agreement and my treatment plan, I understand that my doctor may elect to decrease or discontinue my medications On 02/26/2015, Ms [redacted] was requested to comply with one of the above required submissionsShe was noncompliant with this request On 03/09/15, Ms [redacted] was given a "'second chance'' to comply despite the fact that the pain management contract docs not require that she he given a second chanceNor does this practice frequently do soAs a courtesy to her, she was reeducated about her obligations pursuant to the signed pain management agreementHowever, on 03/26/2015, she again violated provision # In summary, Ms [redacted] violated the practice's controlled substance policy on at least occasions and was given numerous opportunities to comply with the policyDespite being re-educated about her obligations, she still failed to comply with the policyComplaint: The practice discussed her medication situation with her pharmacist from TOPSShe claims she did not give permission for the practice to do so Response: Provision #of the pain contract provides that:"I authorize my doctor and his office staff to communicate with my pharmacist regarding my compliance with this agreement." Complaint: Ms [redacted] claimed that she tried to contact a nurse on multiple occasions and the nurse failed to return her callsThe nurse claimed that she called the office times Response: We have clear documentation that the patient contacted this office via phone and patient portal (email system) more than times between 4/24/and 10/15/She made the same requestsHowever, she had already been discharged from this practiceFurther, once a patient has been discharged from the practice, there is no legal obligation to return her callsComplaint: Her records contained lies which have made it difficult to find another physician to provide pain management treatmentResponse: We have reviewed Ms [redacted] 's record carefullyThe informationcontained in the record is correct and therefore will not he amendedHowever, if she wishes, she is welcome to provide a letter disputing the accuracy of the record to our office, which will he sent with her record whenever it is releasedThe patient also has the right to complain to the Office of Professional Medical Conduct Patient Access Coordinator or the Office for Civil Rights, whose contact information is below: API CoordinatorOffice of Professional Medical Conduct Broadway, Suite Albany, NY 12204- l-800-663- [redacted] ***, Regional Manager Office for Civil Rights U.SDepartment of Health and Human Services [redacted] Federal Building Federal Plaza- Suite New York, NY Customer Response Center: (800) 368-Fax: (202) 619-TDD: (800) 537- Email: [redacted] Ms [redacted] was repeatedly told that we would no longer prescribe controlled substances for her because of her contract violationsFurther, she was evaluated by a third party provider who agreed that we should not prescribe these medications for herWe then offered her other modalities of treatment, which she refused for a variety of reasonsWe exhausted all options and thus discharged her with recommendations to continue her treatment with her other providersI believe the care provided by this practice was reasonable and appropriate and well within the standard of careWe strongly deny all allegations made by Ms [redacted] based upon substantial documentation which refutes all of her allegationsIf you require any further information, please contact meVery truly yours, Victoria [redacted] Patient Liaison Attachment: Pain Contract Signed by Patient

Dear Sirs:  We have received and reviewed the complaint of [redacted]. Please see below  our responses to the specific allegations. We are responding to you based upon clear and substantial documentation in Ms. [redacted]'s medical record. 1. Complaint: What were the noncompliance issues...

with the practice's controlled substance policy?1. Response: Attached is an unsigned copy of the lnformed Controlled Substance and Treatment Agreement. The provisions of this contract listed below were breached by Ms. [redacted], who on June 23,2014 consented in writing to comply with the terms of this agreement. a. Provision #9  I agree to take my medications as prescribed, using them only for the  intended purpose. If I take my medication more often or at a higher dosage than prescribed, I understand that I may be without the medication until the expected renewal date, and or my doctor may decide to discontinue prescribing controlled medications to me. On 09/19/2014, Ms. [redacted] was determined to be non-compliant with the above  provision. However, because she complained that there was a  ''miscommunication," she was not taken of her prescription.  On 09/19/2014 patient violated provision #9.  On 02/26/2015 patient violated provision #9.   On 03/26/2015 patient violated provision #9.  b. Provision #19  I agree to submit to a blood or urine test or pill count whenever requested  by my doctor. If the results reveal that I have failed to comply with this  agreement and my treatment plan, I understand that my doctor may elect  to decrease or discontinue my medications.  On 02/26/2015, Ms. [redacted] was requested to comply with one of the above required submissions. She was noncompliant with this request.  On 03/09/15, Ms. [redacted] was given a "'second chance'' to comply despite the fact  that the pain management contract docs not require that she he given a second  chance. Nor does this practice frequently do so. As a courtesy to her, she was reeducated about her obligations pursuant to the signed pain management  agreement. However, on 03/26/2015, she again violated provision #19.  In summary, Ms. [redacted] violated the practice's controlled substance policy on at  least 3 occasions and was given numerous opportunities to comply with the   policy. Despite being re-educated about her obligations, she still failed to comply with the policy.2. Complaint: The practice discussed her medication situation with her pharmacist from TOPS. She claims she did not give permission for the practice to do so.  2. Response: Provision #20 of the pain contract provides that:"I authorize my doctor and his office staff to communicate with my  pharmacist regarding my compliance with this agreement."  3. Complaint: Ms. [redacted] claimed that she tried to contact a nurse on multiple  occasions and the nurse failed to return her calls. The nurse claimed that she  called the office 50 times.  3. Response: We have clear documentation that the patient contacted this office  via phone and patient portal (email system) more than 30 times between 4/24/2015 and 10/15/2015. She made the same requests. However, she had already been discharged from this practice. Further, once a patient has been discharged from the practice, there is no legal obligation to return her calls. 4. Complaint: Her records contained lies which have made it difficult to find another physician to provide pain management treatment. 4. Response: We have reviewed Ms. [redacted]'s record carefully. The informationcontained in the record is correct and therefore will not he amended. However, if she wishes, she is welcome to provide a letter disputing the accuracy of the record to our office, which will he sent with her record whenever it is released. The patient also has the right to complain to the Office of Professional Medical  Conduct Patient Access Coordinator or the Office for Civil Rights, whose contact  information is below: API CoordinatorOffice of Professional Medical Conduct 150 Broadway, Suite 355 Albany, NY 12204-2719  l-800-663-6114  [redacted], Regional Manager   Office for Civil Rights  U.S. Department of Health and Human Services  [redacted] Federal Building  26 Federal Plaza- Suite 3312  New York, NY 10278  Customer Response Center: (800) 368-1019 Fax: (202) 619-3818 TDD: (800) 537-7697  Email: [redacted] Ms. [redacted] was repeatedly told that we would no longer prescribe controlled substances for her because of her contract violations. Further, she was evaluated  by a third party provider who agreed that we should not prescribe these medications for her. We then offered her other modalities of treatment, which she refused for a variety of reasons. We exhausted all options and thus discharged her with recommendations to continue her treatment with her other providers. I believe the care provided by this practice was reasonable and appropriate and well within the standard of care. We strongly deny all allegations made by Ms. [redacted] based upon substantial documentation which refutes all of her allegations. If you require any further information, please contact me. Very truly yours,  Victoria [redacted]  Patient Liaison  Attachment: Pain Contract Signed by Patient

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Address: 5496 E Taft Rd, N Syracuse, New York, United States, 13212-3784

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