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Friday, August 2, 2024

Study finds blood test diagnosed Alzheimer's disease 90% of the time; early diagnosis is crucial with new medications available

2024 Alzheimer's disease facts and figures
special report graphic
By Melissa Patrick
Kentucky Health News

A blood test can diagnose Alzheimer's disease better than a memory specialist or a primary care physician, according to a new study. 

The study, published in the Journal of the American Medical Association, found that the blood test, called PrecivityAD2, was 90% accurate in diagnosing Alzheimer's disease, compared to a 61% success rate among primary care doctors and a 73% success rate among memory specialists. All of the physicians used standard clinical methods for diagnosis that did not include brain scans or spinal taps. 

The researchers at Lund University in Sweden followed 1,213 people with an average age of 74 who were undergoing cognitive evaluations in both primary care and specialty clinics in Sweden.

Dr. Greg Cooper, director of the Norton Neuroscience Institute Memory Center in Louisville, explained that there are protein biomarkers that are indicative of Alzheimer's disease and can be identified through a a spinal tap, which is invasive, or a brain scan called a PET scan, which he said are not always available, are expensive and are not well-covered by insurance. 

But now, he said, there is a blood test that can accurately detect these biomarkers. The blood test works by measuring a combination of two ratios within a blood sample, including the phosphorylated tau protein and two amyloid-beta proteins, both considered  hallmarks of Alzheimer's disease. 

"Most people would prefer a blood test over a spinal fluid exam, a spinal tap," he said. 

Cooper added that the blood test should be used only on people who show signs of memory loss or have a diagnosis of mild cognitive impairment or dementia. In this group, he said, "It is a very accurate test." 

Further, he said this blood test will help people get an early diagnosis, which is needed to qualify for the two new drugs approved to modestly slow the symptoms of Alzheimer's: Leqembi and Kisunla. At this time, Cooper said it can take months or even years before a person can receive a diagnosis. 

"As newer medications become available . . . we need to do a better job of identifying people very early on, when they are the best possible candidates for these medications that we believe actually slow the progression of the disease."

According to the Alzheimer's Association, nearly 7 million Americans are living with Alzheimer’s disease, with this number projected to rise to nearly 13 million by 2050. In Kentucky, the association reports that 81,000 people aged 65 and older are living with Alzheimer's.

Cooper said the Norton memory center is already using this blood test, but there remains some barriers. 

"The biggest barrier right now has been in terms of payments," he said. "So we are using this exact same test that was used in this study and the results are really quite good. But payment is an issue.
Insurance does not always cover this and so there is often an out-of-pocket expense."

He said he is hopeful that with studies like this one and future U.S. Food and Drug Administration approval, insurance will eventually pay for it. " I think it is only a matter of time before insurance starts paying for it, "he said. "At this time, it's just simply too new." 

He said it "remains to be determined" if primary care doctors should do this blood test, largely related to their ability to do cognitive memory testing in their practices. With the advent of these new medications that require early diagnosis, he said there is a sense of urgency to diagnose people early on and a patient's first point of contact is often their primary care provider. 

"The worst thing in the world is to tell someone had I seen you six months or a year earlier, you might have been a candidate for one of these new treatments -- and now you're not," he said. "Tests like this will help accelerate that process and allow more people to benefit from these therapies."

Recognizing that many people are afraid of getting an Alzheimer's diagnosis, Cooper said: "I would simply argue that not receiving a diagnosis, if you have that underlying disease, doesn't make the disease go away. You can't ignore it. It will catch up with you eventually. But now, we have opportunities to take a proactive approach. Maybe we can't cure it, but we can do things that meaningfully impact the disease and can meaningfully impact and promote our quality of life. So it is an awful diagnosis, I can't take that away. But we can't help unless we take that first step. And so always keep in mind, there may be things that we can do. Don't run away from that." 

Tuesday, July 30, 2024

State judge dismisses constitutional challenge to anti-vaping law

By Sarah Ladd
Kentucky Lantern

Franklin Circuit Judge Thomas Wingate has dismissed a lawsuit challenging the constitutionality of a 2024 law banning the sale of some vaping products.

Wingate sided with the lawsuit’s defendants — Allyson Taylor, commissioner of the state Department of Alcoholic Beverage Control, and Secretary of State Michael Adams — who filed a motion to dismiss. The law designates the ABC as its enforcement agency.

The Kentucky Smoke Free Association, which represents vape retailers, had argued that the law was too broad and arbitrary to be constitutional because it is titled “An act relating to nicotine products” but also mentions “other substances.” The state constitution says a law cannot relate to more than one subject.

In his opinion, Wingate said the law doesn’t violate the state constitution.

The law’s title “more than furnishes a clue to its contents and provides a general idea of the bill’s contents,” he wrote.

The law’s “reference to ‘other substances’ is not used in a manner outside of the context of the bill, but rather to logically indicate what is unauthorized,” Wingate wrote.

The lawsuit centers on House Bill 11, which passed during the 2024 legislative session and is scheduled to take effect Jan. 1. Its backers said it will curb underage vaping by limiting sales to “authorized products” or those that have “a safe harbor certification” based on their status with the U.S. Food and Drug Administration.

Opponents have said it will hurt small businesses and favor big companies, and could drive youth to traditional cigarettes.

Altria, the parent company of tobacco giant Philip Morris, lobbied for the bill and is pushing similar bills in other states. Altria, which has moved aggressively into e-cigarette sales, markets multiple vaping products that have FDA approval.

“The sale of nicotine and vapor products are highly regulated in every state, and the court will not question the specific reasons for the General Assembly’s decision to regulate and limit the sale of nicotine and vapor products to only products approved by the FDA or granted a safe-harbor certification by the FDA,” Wingate wrote in a Monday opinion. “The regulation of these products directly relates to the health and safety of the commonwealth’s citizens, the power of which is vested by the Kentucky Constitution in the General Assembly.”

UK expands heart and vascular care to hospitals across the state

By Melissa Patrick
Kentucky Health News

One of the many ways that UK HealthCare strives to improve the heart health of Kentuckians is through its Gill Heart and Vascular Institute Affiliate Network, which includes a community of hospitals across the state working to ensure patients receive high-quality cardiac care close to home. 

The program serves a great need, since heart disease is the leading cause of death in Kentucky and the state has one of the country’s highest rates of heart disease. 

Dr. Navin Rajagopalan
Dr. Navin Rajagopalan, director of the affiliate network, said it is made up of over 20 hospitals throughout the state.  

"Our key mantra is always . . . one of collaboration," he said. "The University of Kentucky is a big hospital, we have lots of services here. But we never want to be seen as competing with local, community hospitals for their patients. So we want patients to stay local for as long as possible to receive optimal cardiovascular care." 

He added that while it's important for UK's program to remain strong for patients who may need higher levels of care, the goal of the network is to "provide resources, education, and training, where appropriate, to the hospitals in our network." 

New to the network is Owensboro Health Muhlenberg Community Hospital in the Muhlenberg County seat of Greenville, featured recently in a UK news release. CEO Ed Heath said being in the network "furthers our mission to heal the sick and to improve the health of the communities we serve." 

“We look forward to utilizing the expertise of UK HealthCare and the perks of this affiliation to better serve our patients," he added.

Rajagopalan stressed that the program isn't about UK HealthCare taking over a hospital's cardiovascular program, but is designed to foster collaboration and expertise-sharing among the member hospitals. Members of the network have access to educational resources, quality improvement initiatives and specialized training. In addition, Rajagopalan said the network can provide outreach clinics or assist with cardiovascular imaging.

"The idea . . . is that patients can receive specialized care close to home," he said.

When Dr. MIchael Karpf was running UK HealthCare in 2013, he said it needed to expand its geographical reach to maintain its newly raised national status and to ensure access to quality care for Kentuckians. "We want the hospital to be the first choice when it comes to complex care,” he said, identifying several regional competitors. First on his list was Vanderbilt University in Nashville, which is 80 miles closer to the Greenville hospital than UK and gets many patients from Western and Southern Kentucky.

Asked if the program is driven by competition in any way, Rajagopalan said, "No, we make it very clear that this is not based on referrals." 

Rajagopalan said UK is not actively recruiting new hospitals into the network and that many of them in the network are ones that they already have a relationship with in some way. More often, he said, hospitals will call UK with a question about something and that's how they learn about the program. He added that UK HealthCare also offers the Markey Cancer Center Affiliate Network and a Stroke Care Network. 

As for money, he said that the fees collected within the affiliate network are put back into the program in some way. "We don't make any money off the network," he said. 

Hospitals in UK's Gill Heart and Vascular Institute Affiliate Network (UK HealthCare map)

According to the news release, the affiliate network includes 24 hospitals, more than 15 outreach locations and more than 12 sites where Gill provides cardiac image interpretation services across cardiovascular imaging modalities.

Rajagopalan told Kentucky Health News that the work they are doing at the Gill Heart and Vascular Institute Affiliate Network is "relatively unique." 

"We're kind of hoping to have more success stories and kind of share what we're doing to  other academic centers," he said. "Because I think the way that we, as an academic institution, interact with the community hospitals in our region is rather unique in terms of the spirit of collaboration and in trying to support all the hospitals  in the community."

Friday, July 26, 2024

Messaging campaign to encourage back to school vaccines is underway; Kentucky vaccination rates are below U.S. average

Lexington-Fayette County Health Department graphic
By Melissa Patrick
Kentucky Health News

With just weeks left before school starts, it's time to make sure your school-aged children are up to date on required immunizations.  

Toward this effort, the Kentucky Association of Health Plans, the trade group for health insurers in the state, and Kentucky Voices for Health, a coalition of health advocacy groups, have partnered to roll out a messaging campaign to help educate families and improve student immunization rates. The partnership involves a 3-year, $360,000 grant from KAHP to be used toward building a stronger safety net in Kentucky.

"This back-to-school season is the perfect opportunity to talk to a provider and ensure that your family is caught up on recommended immunizations. If you or someone in your family has fallen behind, trust me, you are not alone," Kelly Taulbee, director of communications and development at KVH, said at a press conference to announce the partnership. " We encourage families today to work with providers and get the additional resources and an immunization schedule that's right for you and your children." 

Taulbee said the messaging campaign will involve TV commercials, radio ads and occasionally print. Asked if they would be targeting any certain region of the state, Taulbee said, " It's a relatively equal approach across the board as far as how we're messaging." 

Many Kentucky children are still catching up with routine vaccinations that were missed during the pandemic. The state's vaccination rates remain below the national average. 

"That puts our children at unnecessary risk and it strains our healthcare system," Tom  Stephens, president and CEO of KAHP, said at a press conference. 

Stephens noted that the recent outbreak of whooping cough in Lexington "underscored the urgency of this issue."  Last week, the state Department for Public Health reported 138 cases of whooping cough, known medically as pertussis, and said this level of infection had not been seen in Kentucky since 2016-17. 

"This outbreak is a stark reminder of what can happen when immunization rates fall," Stephens said. "It's not just about individual protection. It's about community immunity."

"Community immunity" occurs when enough people have been immunized against a disease to protect others who are not immunized. Some can't get vaccinations because their immune systems are too weak to allow them to get vaccinated, or because they are too young. 

Children can get their routine vaccinations at health clinics, health departments, pharmacies and doctor's offices, but it's important to make those appointments soon because school typically starts in August and students are required to provide up-to-date immunization records at the beginning of each school year, unless exempted for religious or medical reasons.

Taulbee noted that a law passed during the last legislative session allows pharmacists to continue administering immunizations down to the age of 5. "It's such a simpler access point that we want families to keep in mind," she said. 

Families can find a provider, including those that offer free immunizations through the Vaccines for Children program, by calling the Kentucky Infectious Disease & Vaccine Call Center at 855-598-2246, Monday-Friday, 8 a.m. to 5 p.m. 

Asked about vaccine hesitancy, which has been fueled by the Covid-19 vaccine, Taulbee and Stephens both encouraged families to talk to their provider if they have any questions or concerns about immunizations. 

A recent Pew Research Center survey of more than 10,000 adults found that 88% of Americans believe the overall benefits of the measles, mumps and rubella vaccine outweighs the risks, compared to 62% who believed the Covid-19 vaccine benefits outweigh the risks. Further, the survey found a drop in support for vaccine requirements for healthy children in schools, with 70% of those surveyed supporting the requirement, down from 82% in 2019 and 2016. 

Data from the School Immunizations Survey dashboard, which includes data for each school, show that during the 2023-24 school year, nearly 85% of kindergartners were up to date with all vaccines, 80% of seventh graders were, and nearly 54% of 11th graders were. 

The KAHP-KVH partnership will also focus on keeping children signed up for Medicaid as Medicaid renewals resume for them.  

"The renewal process is going to begin soon for the first time in four years for our children," Taulbee noted. "We encourage families to take this very seriously. Check your mail, watch and make sure you understand eligibility standards and keep your children covered." 

Why millions are trying FDA-authorized alternatives to Big Pharma’s weight-loss drugs, exceedingly popular in Kentucky

Editor's note: Last year Kentucky led the nation in the percentage of population that had received these weight-loss druges by prescription.
By Arthur Allen
Britannica image

KFF Health News

Pharmacist Mark Mikhael has lost 50 pounds over the past 12 months. He no longer has diabetes and finds himself “at my ideal body weight,” with his cholesterol below 200 for the first time in 20 years. “I feel fantastic,” he said.

Like millions of others, Mikhael credits the new class of weight loss drugs. But he isn’t using brand-name Wegovy or Zepbound. Mikhael, CEO of Orlando, Florida-based Olympia Pharmaceuticals, has been getting by with his own supply: injecting himself with copies of the drugs formulated by his company.

He’s far from alone. Mikhael and other industry officials estimate that several large compounding pharmacies like his are provisioning up to 2 million American patients with regular doses of semaglutide, the scientific name for Novo Nordisk’s Wegovy, Ozempic, and Rybelsus formulations, or tirzepatide, the active ingredient in Eli Lilly’s Zepbound and Mounjaro.

The drug-making behemoths fiercely oppose that compounding business. Novo Nordisk and Lilly lump the compounders together with internet cowboys and unregulated medical spas peddling bogus semaglutide, and have high-powered legal teams trying to stop them. Novo Nordisk has filed at least 21 lawsuits nationwide against companies making purported copies of its drugs, said Brianna Kelley, a spokesperson for the company, and urges doctors to avoid them.

The U.S. Food and Drug Administration, too, has cautioned about the potential danger of the compounds, and leading obesity-medicine groups starkly warn patients against their use. But this isn’t an illegal black market, though it has shades of gray.

The FDA allows and even encourages compounding pharmacies to produce and sell copycats when a drug is in short supply, and the wildly popular GLP-1 drugs have enduring shortages — first reported in March 2022 for semaglutide and in December 2022 for tirzepatide. The drugs have registered unprecedented success in weight loss. They are also showing promise against heart, kidney, and liver diseases and are being tested against conditions as diverse as Alzheimer’s disease and drug addiction.

In recent years, the U.S. health-care system has come to depend on compounding pharmacies, many of which are run as nonprofits, to plug supply holes of crucial drugs like cancer medicines cisplatin, methotrexate, and 5-fluorouracil.

Most compounded drugs are old, cheap generics. Semaglutide and tirzepatide, on the other hand, are under patent, so they earn Novo Nordisk and Lilly billions of dollars a year. Sales of the diabetes and weight-loss drugs this year made Novo Nordisk Europe’s most valuable company and Lilly the world’s biggest pharmaceutical company.

While the companies can’t keep up with demand, they heatedly dispute the right of compounders to make and sell copies. Lilly spokesperson Kristiane Silva Bello said her company was “deeply concerned” about “serious health risks” from compounded drugs that “should not be on the market.”

Yet marketed they are. Even Hims & Hers Health — the telemedicine prescriber that got its start with erectile dysfunction drugs — is now peddling compounded semaglutide. It ran ads for the drugs during NBA playoff games. (According to a Hunterbrook Media report, Hims & Hers’ semaglutide supplier has faced legal scrutiny.)

The compounded forms are significantly cheaper than the branded drugs. Patients pay about $100 to $450 a month, compared with list prices of roughly $1,000 to $1,400 for Lilly and Novo Nordisk products.

Five compounders and distributors interviewed for this article said they conduct due diligence on every lot of semaglutide or tirzepatide they buy or produce, upholding standards of purity, sterility, and consistency similar to those practiced in the commercial drug industry. Compounders operate under strict federal and state standards, they noted.

However, the raw materials used in the compounded forms may differ from those produced for Novo Nordisk and Lilly, said GLP-1 co-inventor Jens Juul Holst, of the University of Copenhagen, adding that care must be taken in drug production lest it cause potentially harmful immune reactions.

To date, according to FDA spokespeople, reports of side effects from taking compounded versions haven’t raised major alarms. But everyone with knowledge of the industry, including the compounders themselves, worry that a single batch of a poorly made drug could kill or maim people and destroy confidence in their business.

“I liken the compounding industry to the airline industry,” Mikhael said. “When you have an airline crash, it hurts everybody.”

Warnings from the past

The industry endured just such a catastrophe in 2012, when the New England Compounding Center released a contaminated injectable steroid that killed at least 64 people and harmed hundreds more.

In response, Congress and the FDA had strengthened oversight. Mikhael’s company is an outsourcing facility, or 503B compounding pharmacy — so named for a section of the 2013 law that set new requirements for drug compounders. The companies are licensed to make slightly different versions of FDA-approved drugs in response to shortages or a patient’s special needs.

The law created two classes of compounding pharmacies: The FDA regulates the larger 503B compounders with standards like commercial drug companies, while 503A pharmacies make smaller lots of drugs and are largely overseen by state boards of pharmacy.

The 503A facilities also are producing compounded semaglutide and tirzepatide for hundreds of thousands of patients. Like the 503Bs, these operations take the active ingredient, produced as a powder in FDA-registered factories, mostly in China, then reconstitute it with sterile water and an antimicrobial in small glass vials.

Together, the compounding pharmacies may account for up to 30 percent of the semaglutide sold in the U.S., Mikhael said, although he cautions that is a “wild ballpark figure” since no one, including the FDA, is tracking sales in the industry.

The compounders say the companies should increase production if they’re worried about competition. Like the dozens of other drugs they produce for hospitals and medical practices, the compounders say, the two diet drugs are essential products.

“If you don’t want a 503B facility to make a copy, it’s pretty simple: Don’t go short,” said Lee Rosebush, chair of a trade association for 503B pharmacies. “FDA created this system because these are necessary drugs.”

Novo Nordisk hasn’t specified why it can’t keep up with demand, but the bottleneck apparently lies in the company’s inability to fill and sterilize enough of its special drug auto-injectors, said Evan Seigerman, a managing director at BMO Capital Markets.

The company announced June 24 that it was investing $4.1 billion in new production lines at its Clayton, N.C. site. The FDA last year issued a warning over procedural violations at the site and separate cautions at an Indiana facility that Novo Nordisk took over recently.

Compounding for dummies

At least 28 companies mostly in China, are registered with the FDA to produce or distribute semaglutide. At least half the companies have entered the market in the past 12 months, driving the raw material’s price down by 35%, according to Scott Welch, who runs a 503A pharmacy in Arlington, Va.

Compounders can buy powdered semaglutide from some U.S. distributors for less than $4,000 a gram, said Matthew Johnson, president and CEO of distributor Pharma Source Direct. That comes out to as little as $10 per weekly 2.5-microgram dose – not including overhead and other costs.

While Ozempic or Wegovy patients use a Novo Nordisk device to inject the drug, patients using compounded products draw them from a vial with a small needle, like the device diabetics use for insulin.

Some medical practices provide the compounded drug to patients as part of a weight loss package, with markups. Last July, Tabitha Ries, a single mother of six who works as a home health care aide in Garfield, Wash., found an online clinic that charged her $1,000 for three months of semaglutide along with counseling. She has lost 35 pounds.

She gets the drug from Mindful Weight Loss, a mostly telehealth-based operation led by physician Vivek Gupta of Manhattan Beach, Calif. Gupta said he’s prescribed the weight loss drugs to 1,500 patients, with about 60% using compounded versions from a 503A pharmacy.

He hasn’t seen any essential difference in patients using the branded and compounded forms, although “some people say the compounding is a little less effective,” Gupta said.

There’s some risk in using the non-FDA-approved product, he acknowledged, and he requires patients to sign an informed consent waiver.

“Nothing in life is without risk, but I would also argue that the status quo is not safe for people who need the medicine and can’t get it,” he said. “They’re constantly triggered by all this food that’s causing their weight to go up and their sugar to go high, increasing their insulin resistance and affecting their limbs and eyes.”

Compounding semaglutide is a helpful sideline for pharmacists like him, Welch said, especially given the pinch on drug sale revenue that has led many independents to close in recent years. He figures he earns 95% of his revenue from compounding drugs, rather than traditional prescriptions.

It’s important to distinguish compounded semaglutide from unregulated powders sold as “generic Ozempic” and the like, which may be contaminated or counterfeit, said FDA spokesperson Amanda Hils. But since compounded forms of the drug are not FDA-approved, those who make, prescribe, or use them also should have “an increased level of responsibility or awareness,” she said.

Corporate battles

Novo Nordisk and Lilly, in lawsuits each company has filed against competitors, say their own testing has found bacteria and other impurities in products made by compounding pharmacies. The companies also report patent infringement, but compounders, pointing to the FDA loophole for drugs in shortage, appear to have defeated that argument for now.

When the FDA removes the drugs from the shortage list, 503B compounders must immediately stop selling them. Smaller compounders may be able to produce their products for a reduced number of patients, said Scott Brunner, CEO of the Alliance for Pharmacy Compounding, which represents 503A compounders.

The evaporation of the compounded drug supply could come as a shock to patients.

“I dread it,” said David Wertheimer, an internist in Franklin Lakes, N.J., who prescribes compounded semaglutide to some patients. “People are not going to be able to plunk down a grand every month. A lot of people will go off the drug, and that’s a shame.”

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. 

Saturday, July 20, 2024

New health laws are in effect; one in limbo due to lack of funding

Kentucky Capitol (Wikipedia photo)
By Melissa Patrick
Kentucky Health News

A number of new state health laws took effect July 15, ranging from measures on maternal health to improved access to a commonly used allergy medication.

The General Assembly passed more than 200 bills during its 60-day session. They become law 90 days after adjournment of the legislature unless they have a defined effective date, are general appropriation bills, or are passed with an emergency clause. This year, the effective date was July 15.

Some of the health measures that are now law are:

Health Care Liability: House Bill 159, sponsored by Rep. Patrick Flannery, R-Olive Hill, protects health-care providers from criminal liability when a medical error harms a patient. The bill does not apply to harm resulting from gross negligence or wanton, willful, malicious or intentional misconduct.

Kratom: HB 293, sponsored by Rep. Kim Moser, R-Taylor Mill, aims to regulate kratom, an herbal drug frequently sold online and in convenience stores. The bill prohibits sales to people under 21 and provides guidelines for manufacturing and labeling the product.

This bill was included in a list of 22 laws mentioned in an April letter from Gov. Andy Beshear to legislators saying there is a lack of funding to implement them, so that puts this new law in limbo, Liam Niemeyer reports for the Kentucky Lantern.

Maternal health: Senate Bill 74, sponsored by Sen. Shelley Funke Frommeyer, R-Alexandria, aims to support maternal and infant health and reduce the high mortality rate for mothers in Kentucky. Several sections of the bill took effect July 15, including one that will provide more information about breastfeeding and safe sleep to at-risk parents. Others establish a state maternal-fatality review team and require Medicaid to cover lactation consulting, breastfeeding equipment, and in-home and telehealth services. The bill also requires state health officials to compile an annual report about the number and types of delivery procedures performed at each hospital. Other sections of the bill will not take effect until 2025. This bill includes the “Momnibus” bill, which was originally filed as HB10 by Moser.

Medical cannabis: HB 829, sponsored by Rep. Jason Nemes, R-Middletown, updates some aspects of Kentucky’s upcoming medical cannabis program. It allows schools to ban medical cannabis from their campuses and allow local governments to apply a small fee to the program, among other changes. Three sections of the bill related to applications for business licenses, state enforcement and patient pamphlets will not take effect until 2025.

Pseudoephedrine: HB 386, sponsored by Rep. Robert Duvall, R-Bowling Green, eases purchase limits on pseudoephedrine to help people with chronic allergies legally obtain enough of the medication to meet their medical needs.

Vaping in schools: HB 142, sponsored by Rep. Mark Hart, R-Falmouth, bans all tobacco, alternative nicotine and vapor products in Kentucky public schools. It also requires school districts to adopt disciplinary procedures for students who violate the bans.

Veteran suicide prevention: Under HB 30, sponsored by Rep. Michael Meredith, R-Oakland, the Kentucky Department of Veterans Affairs will create a suicide prevention program for service members, veterans and their families.

Youth medical records: HB 174, sponsored by Rep. Rebecca Raymer, R-Morgantown, stipulates that parents have access to their child’s medical records. Prior to this law, children ages 13 and older had to sign a waiver for parents to have access.

Alzheimer's education: HB 459, sponsored by Moser, requires advanced practice registered nurses and physician assistants who primarily work with Kentuckians ages 50 years and older to undergo continuing education related to the detection and treatment of Alzheimer’s and other forms of dementia. This language was added from SB 211, sponsored by Sen. Stephen Meredith, R-Leitchfield, in the final days of the session. The bill also involves the APRN national certification exam and Kentucky Board of Nursing appointments.

The Capitol Update, a publication of the Legislative Research Commission, contributed to this story.

Friday, July 19, 2024

Local governments mulling ways to use opioid settlement funds

KFF Health News graphic
By Zacharie Lamb
WKMS

More than a year after local governments across Kentucky began receiving shares of the legal  settlement with opioid manufacturers and distributors, several local leaders in far western Kentucky are still figuring out how best they can use those funds to tackle the opioid epidemic.

State governments across the country have been tasked with stewarding a portion of funds acquired through regional and national opioid settlements with companies including Johnson & Johnson, McKesson and CVS. The settlements stem from multiple nationwide lawsuits against the firms for their role in fueling the opioid epidemic.

According to the Centers for Disease Control and Prevention, around 75% of drug overdose deaths were connected with opioids in 2022. That accounts for the deaths of more than 81,000 Americans that year. Kentucky’s Justice and Public Safety Cabinet said in its 2022 Overdose Fatality Report that a little over 1,500 people who died from overdoses in the state were found to have fentanyl in their system.

State governments and localities are using the settlement funds to try to heal communities affected by the opioid crisis and prevent others from being affected.

Kentucky has secured around $900 million from the settlements. Those funds have been split into two pools, with half earmarked for a state commission and half divvied up among the state’s county and city governments. The state sent the first installments to local governments in December 2022. Payments are expected to continue until 2038, with no deadline for when funds must be spent.

Lauren Carr. opioid-settlement adviser for the Kentucky Association of Counties, helps county officials follow the best practices and reporting guidelines for the settlement funds.

“You can't take these funds and use it for a program that was already being funded. You can't take these funds and supplant. These funds are supposed to be to supplement,” Carr said. “Either integrate a new program or supplement the existing programs that you have – seeing where barriers are – and providing those services.”

(However, Morgain Patterson, director of municipal law with the Kentucky League of Cities, told Kentucky Health News that while some states prohibit opioid settlement dollars from being used to fund existing programs, called supplanting, Kentucky's statute does not, "so they could be used for current programs . . . as long as they relate back to opioid-use disorder or co-occurring substance-use disorder and mental health issues." For example, she said settlement money could be used to purchase Narcan, even if the city or county is already paying for it. That said, Johns Hopkins University has put together a document of principles it supports that says, 'Jurisdictions should use the funds to supplement rather than replace existing spending.' This document is posted on KACo's website.)

The law creating the state opioid commission has a list of 29 possible uses for the funds. Carr said the list provides pathways for localities but doesn’t expressly limit their use.

The Paducah Police Department is using some of the city’s settlement dollars to staff a new position focused on lowering recidivism for the people with substance-use disorder. Police Chief Brian Laird said hiring a deflection specialist has been a long-term goal for his department.

“We encounter folks regularly that are homeless, folks that have mental health issues, folks that have drug abuse issues,” Laird said. “Instead of the officers continuing to respond over and over to these folks, we have somebody that can follow up with these individuals and try to get them some help.”

Deflection is a relatively new philosophy in law enforcement that focuses on keeping individuals with substance-use disorder from entering or re-entering the court system by avoiding interactions with police. Laird said that he’s aware of other social-work positions in police departments in Kentucky but believes Paducah may be the first in the state to hire a deflection specialist.

The position will be paid partly by the department's budget, but most of the funding comes directly from settlement money. Applications for the position closed in April, and Laird hopes the specialist to be on board by August.

Other county and city governments in far western Kentucky are still trying to figure out how to spend their portion of settlement funds.

Murray officials formed a work group before the first payments were received to investigate possible uses of the funding. City Administrator Jim Osborne said the city is still working with the state Attorney General’s office, which oversees the opioid commission, but that no official plans have been made.

“The goal would be using the money to not necessarily just in one area of but could combine areas that are approved uses,” Osborne said. “I think the key is finding a happy medium of where best it would be used … something that's legal, transparent and would help the community.”

Similarly, Marshall County Judge-Executive Kevin Spraggs said he wants to make sure settlement funds are used in the most efficient way possible.

“We want to make sure wherever this money goes, ultimately, it's put to the best possible use,” Spraggs said. “We don't want to jump into something without doing a lot of research, and we'd like to do something with a proven track record, percentage wise, where the most people are being helped.”

For Carr, addressing the opioid epidemic has two major components – prevention and harm reduction. She said that many localities focus on prevention, with programs like “Just Say No” to kepe people from becoming substance users in the first place. Harm reduction focuses on helping individuals who are already using drugs.

The list of 29 potential uses include programs for intervention, treatment and recovery services for substance users. The funds could also be used to educate the general public and provide training to health care providers, recovery specialists or law enforcement.

The list also includes things like drug take-back and disposal programs and expenss for naloxone, branded as Narcan, that can block opioid overdoses. Carr said that increasing accessibility to the medication and teaching the public about its use could help to prevent deaths.

“At the end of the day, a dead person doesn't recover,” Carr said. “We all can be first responders. Whether it's at a basketball game, at the library or at a Walmart, you never know when you may be a first responder, and so being prepared is something that will help save lives for individuals that are in active addiction right now.”