ROCKLAND, Maine (NEWS CENTER) — Two Midcoast business owners, who are taking opioids to deal with chronic pain, have put the state on notice as they plan to sue over new rules that are forcing them to taper down their daily doses.
Brian Rockett, owner of a lobster-buying business in Owls Head, and Eric Wass, who owns a roofing company in Rockland, have jointly hired Rockland attorney Pat Mellor to represent them.
Mellor recently filed a notice of claim informing DHHS Commissioner Mary Mayhew of his clients intent to sue over a state rule that went into effect in January requiring people taking opioid pain medications to taper their doses down to no more than 100 morphine milligram equivalents (MME) per day.
"The tapering that has already been required of claimants has caused them significant bodily harm and will render them unable to work and participate in basic life activities due to unabated chronic pain experienced in absence of adequate pain medication," the notice of claim states.
Rockett said he takes daily trips to Vinalhaven on his boat to buy lobsters from fishermen and handles crates of lobsters in what can be a physically demanding job. He said he's been in car and boating accidents and has degenerative disc disease.
To handle the pain, Rockett said he was taking 450 MMEs of pain medication daily. The state's rules require him to taper his daily dosage down to 100 MMEs by July. He doesn't believe he can get his dosage down that low and still run his business.
"I'm struggling now and I don't know what's going to happen to me, to my business, to my family. I'm in a real tough spot," Rockett said.
Eric Wass owns a roofing company. He said he's been on pain medications for degenerative disc disease for 20 years. He's only halfway through with his taper and said his pain is growing more and more severe.
"It's an awful thing having to deal with chronic pain, especially when we're trying to keep working," he said. We're not going on disability, we're not going on welfare. I understand the whole problem with these people overdosing but it has nothing to do with us. It's very frustrating."
Mellor filed the notice of claim to give his clients the option of suing the state if they cannot reach a compromise that would exempt his clients from having to reach the 100 MME daily dosage limit by July 1.
"The rule makers, if they're talking with these individuals, will appreciate their situation and carve out an exception and solve the problem before it hits," Mellor said.
The rules currently do allow exceptions for those being treated for hospice care or palliative care associated with a serious illness.
The Maine Medical Association did request an exception in the state's rules for people who try to taper down their medications but fail to reach the 100 MME threshold.
The Department of Health and Human Services is expected to release their final rulemaking on the Prescription Monitoring Program later this week. It's unclear whether it might include any changes.
Dr. Chris Pezzullo, the chief medical officer for MaineCare has said previously that the 100 MME limit is based on sound research because amounts above that daily dosage can be harmful.
Maine DHHS did not respond to a question seeking specific comment on the notice of claim but DHHS did release the following statement late Tuesday afternoon:
The Department recognizes the insidious nature of chronic pain as well as the need for providers to be able to provide the highest level of care to patients. The 488 Law contains several exemptions that allow for patients to exceed the 100 MME threshold. The palliative care exemption would meet the spirit and letter of the law, allowing for provider and patient to allow for individualized care.
DHHS also provided the definition of Palliative care in state statute.
'Palliative care' means patient-centered and family-focused medical care that optimizes quality of life by anticipating, preventing and treating suffering caused by a medical illness or a physical injury or condition that substantially affects a patient's quality of life, including, but not limited to, addressing physical, emotional, social and spiritual needs; facilitating patient autonomy and choice of care; providing access to information; discussing the patient's goals for treatment and treatment options, including, when appropriate, hospice care; and managing pain and symptoms comprehensively.
