YOUR MEDICAL RECORD.

As long as possible before your Presentence Interview, should you need to continue current medical treatments, preparation should start to get copies of all of your records.

When it comes to providing medical care to individuals with unique medical conditions while in the Bureau of Prisons (BOP), it is crucial to have a comprehensive medical history that includes all medical records, including reports of surgeries (including pathology reports), diagnostic: X-rays, CT, MRI, ultrasounds, EEGs, EKGs, and PET scans (Reports on CD or Thumb Drives). Any and all physician (speciality) office records and notes, including prescriptions.

• All recent blood tests, prescriptions (Drugs and Medical Devices), hospital records, and treatment plans from their treating physician.
• To ensure that the patient/inmate receives the appropriate care, it is essential to gather all relevant documentation and contact information for physicians, including their name, phone number, email, and address.
• It is advisable to prepare thoroughly for The Presentence Interview, especially if there are concerns about medical care from the patient, their attorney, or treating physician. Doing so makes it possible to plan strategically and ensure the patient-inmate receives the necessary care during their time in the BOP. Still, remember, there are no guarantees once incarcerated, so attention to detail at the start is in your long-term interest.

m

• Whether the specific medications are available either On, or Non-Formulary, then this can be on the record through the PSR, Memorandum, and possibly verified by the judge. Then, if a medication is available (and cheap), it should be provided, not  “arbitrarily changed or reduced.” Unfortunately, this occurred to an inmate where a Federal Judge had to step in and have him released from FCI Florence, in Florence, Colorado, to the nearest hospital as part of a Compassionate Request in court.

c

b

n

There are never guarantees, and going into prison, one must be vigilant. Therefore, don’t assume that you’ll still get medical care in a timely fashion. The assumption may be that you’ll also get the same Medication Formulary Availability that they got on the outside, which is likely not the case.

Medications [On-Formulary] availability (~ 3500 different drugs) falls into three categories.

• 1st) On Formulary -Available: These medications are available for BOP healthcare providers for inmate use. But it still needs to be in your PSR, or you May Not Get It.
• 2nd) Non-Formulary – If your medication is on this list, your physician should review each of the On-Formulary Medications and explain why they were ineffective for you, as well as how not having this drug would negatively impact your quality of life. Moving forward, these medications require a lengthy preauthorization process: they are not immediately available for your use even when they are in stock. The prescribing BOP physician or other healthcare provider must go through an extensive preauthorization process to obtain permission to provide this to you. That is why your current treating physician’s records are so vital.
• 3rd) Similar equivalents- When there are no other options, similar or equivalent substitutions are used here. Should a required drug be used where there is no equivalent substitute, this medical problem should be brought up before the sentencing hearing with your physician, and hopefully get the backing of the US Attorney and, finally, the court.
• JUDGE CAN’T ORDER MEDICATIONS OR TREATMENTS TO BOP.
• 4th) Not Available. What is your plan?

n

Examples of Medication Confusion;

• Cholesterol Control: PCSK9 Inhibitors vs. Statins. Statins are a popular treatment that has been available since the 1980s. PCSK9 inhibitors, on the other hand, are a new type of cholesterol drug. They were approved by the Food and Drug Administration in 2015.
• But these Cholesterol generics look very different (see heading photo) and may not look like what the defendant has been taking – adding to their stress level.

n

Generics:

• These are the drugs of choice for the BOP as they are cheaper than brand-name medications.
• It may be beneficial to inform your client ahead of time that while they’ll be taking a generic medication, since there are many manufacturers who each produce similar generic drugs for the same product, they may differ in color and shape but should be appropriate.

v

Nobody likes surprises, especially if they are entering prison for the first time.

• Examples of Lipitor (the generic name is atorvastatin)
• Generic Lipitor-Dr Reddy’ vs Generic Lipitor Good Rx

If you find this helpful, please subscribe and share it with your colleagues. With more to follow, should you have any questions, are interested in engaging my services, or have any suggestions for future topics, I am easy to reach 📞, and thank you for your time.

Marc, Dr. Blatstein

WHITE-COLLAR, SENTENCE MITIGATION SOLUTIONS

Humanizing Your Client Through Their Personal Narrative, Release Plan, and Allocution

• PPRSUS.com
• Sentence Mitigation
• BOP Placement Request, Example FPC Alderson
• The Personal Narrative, Release Plan, and Allocution
• Expectations of Daily Life in Prison, The Do’s and Don’ts
• Physician Presentence Report Service
• 240-888-7778
• YouTube Channel
• The Critical Role of The Presentence Report (PSR), Co-published
• Inquire about my PowerPoint presentations, which can be content and time-adjusted to meet your needs.