Orange County Chiropractic District

ACA Weekly Report - 9/24/01

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Memorandum to: ACA Board of Governors, House of Delegates and other interested parties
From: Garrett F. Cuneo
Re: EVP weekly report
Date:  9/24/01

In this report:

1.  BLUES UPDATE/ FEDERAL PLAN
2.  BLUE CROSS/BLUE SHIELD MEDICAL DIRECTOR SPEAKS AT HOD
3.  BLUE CROSS/BLUE SHIELD MEDICAL DIRECTOR INVITES ACA'S PARTICIPATION ON
4.  MEDICAL ADVISORY PANEL
5.  ACA HONORS ITS OUTSTANDING PRACTITIONERS
6.  MARK YOUR CALENDAR FOR NCLC
7.  MEDICARE REIMBURSEMENT AFFECTED BY ACA ACTION
8.  ACA COMMENTS ON AFFINITY PROGRAMS
9.  ACA WORKS TO IMPROVE SITUATION IN NEW JERSEY FOR OUR DOCTORS
10. SUPPORT FOOT LEVELERS
11. ACA MEMBERS IN SOUTHERN CALIFORNIA ELIGIBLE FOR MAJOR AUTO DISCOUNT

BLUES UPDATE/FEDERAL PLAN

As we have reported previously our Lawsuit against Trigon Blue Cross/Shield continues. A court scheduling conference was held in Abingdon, VA on September 10, 2001. The trial will commence on November 11,2002. Both sides are now identifying potential witnesses and collecting all documents that may be subject to discovery.

Our lawsuit against National Blue Cross/Shield was suspended while ACA continues its discussions with the national Blue Cross/Blue Shield Association through Dr Alan Korn, senior vice president of the clinical affairs and chief medical officer, to establish a new framework by which individual state problems can be addressed.

The implementation of a new chiropractic benefit in the BC/BS Federal Employee Benefit Program was another factor in ACA's agreement to suspend its action against the national Blue Cross/Blue Shield plan, which covers more than 4 million federal employees nationwide. We learned Friday that effective January 1st a new chiropractic benefit would be included in a blue cross/shield federal plan available to federal employees. This is the good news; the bad news is, first and foremost, that the plan doesn't treat chiropractors as primary care doctors, contrary to what we had been lead to believe; that the so-called benefit is available only under the "basic plan" option and not the "Standard Plan" option; and that the coverage is limited under that Basic Option plan to only twenty manipulations of the spine with a co-payment of $20, a co payment that frequently wipes out the benefit all together. There is no payment for E and M services or physical therapy.  They only reimburse for initial x-rays. This coverage may vary to some degree in individual states, and while no referral is necessary, no one can be pleased with this development.

We had attempted to learn of the benefit and lend our point of view to its development prior to Friday's meeting. National Blue Cross/Shield cited privacy concerns and resisted our inquiries, even though we cited legal precedent to them that their concerns were baseless. They did provide us with an opportunity to suggest what we thought the plan should include. Obviously, what came out wasn't what we recommended.  We are doing a more comprehensive review about the new chiropractic benefit and will be reporting this to the profession.

We need to decide what to do next. There has been some progress in our discussions with the Blues and their medical director continues to make an effort to improve our relationships, as noted in the stories below. But talk is cheap and this federal plan appears to signal to us that the National Blues continue to have an anti chiropractic agenda, notwithstanding the medical directors actions. When we suspended the lawsuit we did it without prejudice, allowing us to reactivate it if we felt the need. We may be close to that decision. The Board will be consulting with Mr. McAndrews and others and together with the other plaintiffs in the case will decide our future course of action.

BLUE CROSS/BLUE SHIELD MEDICAL DIRECTOR SPEAKS AT HOD

Dr. Allan Korn, chief medical officer of the national Blue Cross/Blue Shield Association, spoke to the House of Delegates to assure them that his organization is taking ACA's concerns seriously. "There is a willingness to put these issues on the table and talk through them," Dr. Korn stated. Some of the ways in which the national Blue Cross/Blue Shield Association will improve understanding and build trust with the ACA is by allowing chiropractic liaisons to work with local Blue Cross/Blue Shield plans to educate them about the chiropractic health care model. As Dr. Korn explained, local Blue Cross/ Blue Shield plans need help from chiropractors to meet their business obligations. "We do care because our patients want access to your services"

He did indicate that the discussions that he is holding with us are also going on with the AMA, Society of Internal Medicine, American Academy of Pediatrics, American Academy of Family Physicians, etc. He lumped us into the category of primary care doctors, a nice category to be in.

BLUE CROSS/BLUE SHIELD MEDICAL DIRECTOR INVITES ACA'S PARTICIPATION ON MEDICAL ADVISORY PANEL

Dr Korn invited ACA Governor Dr George McClelland  to attend a dinner  at his home along with members of the Medical Advisory Panel, and to attend their meeting the next day.

MAP is the advisory council to Blue Cross/Blue Shield and their 44 plans that evaluates new diagnostic or therapeutic interventions based on their scientific merit, and advises Blue Cross as to their appropriateness for funding. The MAP is a consensus process that is made up of approximately 20 MD, PHD, MS types. Additionally, it is supported by an internal Blue Cross/Blue Shield technical evaluation center (TEC) that has both local and off site personnel.

The TEC has the responsibility of gathering all the data on a new intervention, developing a report for presentation to the MAP along with recommendations to the MAP based on the established criteria that the TEC and MAP have developed in order for an intervention to be acceptable.

While we have established a technical assessment panel, Dr. McClelland recommends that some major changes be made. Dr. Korn is having his staff send us copies of their protocols, methodologies and criteria. While we won't necessarily use this information, it will be helpful in developing our own guidelines.

ACA HONORS ITS OUTSTANDING PRACTITIONERS

At its annual meeting, the ACA presented its major awards to a number of doctors for their outstanding contributions to the profession.

Included were the following:

Chiropractor of the Year Dr. Edward Maurer
Humanitarian of the Year Dr. Monte Greenawalt
Delegate of the Year Dr. Mario Spoto
Drs. John Flynn-Robert Lynch Memorial Award Dr Howard Fidler
Academic of the Year Dr. Alan Adams, vice presdient of professional affairs - Southern California University of Health Sciences (formerly the Los Angeles College of Chiropractic)
ACA Research Award Dr. Gert Bronfort, senior clinical researcher and professor at the Northwestern Health Sciences University

MARK YOUR CALENDAR FOR NCLC

Before you know it, the ACA's National Chiropractic Legislative Conference will be upon us. It is scheduled for March 6th, 7th, 8th and 9th at the Hyatt Regency Capitol Hill in Washington, D.C. Last year, four hundred and sixty doctors and students converged on the capitol to promote the chiropractic agenda to members of Congress. Please make an effort to attend this one and help us make the goal of six hundred attendees.

MEDICARE REIMBURSEMENT AFFECTED BY ACA ACTION

During a recent meeting with the HHS Inspector General's office, we were given some statistics regarding chiropractic usage in Medicare that were interesting.  

Year Allowed Services Percent of Services Allowed  Allowed Dollars
1996 12,269,909 76% $294,691,461
1997 12,947,723 78% $328,831,199
1998 13,386,247 79.40% $374,191,291
1999 13,290,247 78.10% $379,275,897
2000 14,336,609 78.20% $430,367,416

No one can be satisfied with the way this profession is treated under Medicare, further necessitating the passage of the Watkins Bill. The actions that ACA has taken over the last few years have improved our reimbursement standing within the restricted parameters that our profession must operate. In 1996 the ACA representatives on RUC/CPT were able to get a new set of codes adopted for chiropractic. And as a result of its survey of the profession, the codes were accepted by HCFA. The number of dollars reimbursed under Medicare increased by 40 million dollars in 1997 when these codes became effective. The allowable services during this time also increased substantially, in my opinion, because of the availability of more services to define what we do.

Equally significant was the effect of our legislation eliminating the x-ray requirement under Medicare that became effective in January 2000. Over 1 million more services were authorized under Medicare from the previous hours. Over 50 million dollars in expenditures over the previous year were allowed. When we were pushing for the passage of this legislation, the Congressional Budget Office was estimating that if passed and signed into law, it would cost the Medicare system over $100 million more per year, or $1.5 billion over ten years. Well, the projected costs didn't reach the estimates of the Congressional Budget Office, but it wasn't bad.

ACA COMMENTS ON AFFINITY PROGRAMS

The White House Commission on Complementary and Alternative Medicine Policy is scheduled to meet from October 4-6 to discuss the development of its report to Congress. The ACA will be attending this meeting. In addition to attending the meeting, the ACA is drafting a letter of concern to the commission regarding its deliberation at the last meeting on the use of an affinity program. The ACA intends to send a strong message to the commission about its strong opposition to affinity programs for CAM providers. The White House has a March 2002 deadline for developing recommendations on the integration of CAM into the health care system. To date the ACA has presented oral and written testimony at 5 of the meetings. In addition, the ACA, in response to an inquiry form the commission, provided in-depth recommendations on all of its major issues.

ACA WORKS TO IMPROVE SITUATION IN NEW JERSEY FOR OUR DOCTORS

ACA's delegate to New Jersey, Frank Stiso, DC, held a heart-to-heart meeting with Aetna officials in New Jersey on September 13 in which he laid out the long-standing concerns about discriminatory reimbursement practices toward the profession. The picture he drew for them wasn't pretty, centering on the ridiculous 200 limit on care within the state. The good news is that he got the attention of not only the state medical director but the legal and chiropractic officials of Aetna's home office staff. Aetna is in the process of evaluating a return to fee-for-service and hopes to have this plan in place by January 2002 in New Jersey. Several other strides were made as well. Aetna plans to drop homegrown codes, and was urged to go with the CPT coding intent which will eliminate inappropriate global fees and bundling. ACA recommended clinical integration where a DC would be involved in making Aetna reimbursement policies and guidelines that apply to doctors of chiropractic. In New Jersey, Dr. Stiso was invited to participate in this advisory committee. Further negotiations are scheduled for October.

SUPPORT FOOT LEVELERS

Earn CEUs and protect chiropractic with the new license renewal seminar series, "Seminars in Support," sponsored by Foot Levelers, Inc. This new series was created to help fund the legal action taken against the Health Care Financing Administration (HCFA) and Trigon Blue Cross/ Blue Shield of Virginia. All registration funds collected from this series will go to the National Chiropractic Legal Action Fund to support both lawsuits. Register now by calling Foot Levelers at 800-553-4860, or visit www.footlevelers.com.

Speakers and Topics -

"Implementation of Outcomes Assessment Case Management in the Chiropractic Practice" - Kim D. Christensen, DC, CCSP, DACRB

"An Outcomes Based Approach To The Chiropractic Practice" -
     Steven G. Yeomans, DC, FACO
     Dates and Locations:
          Charlotte, NC - October 13 - 14
          Baltimore, MD - November 3 - 4

ACA MEMBERS IN SOUTHERN CALIFORNIA ELIGIBLE FOR MAJOR AUTO DISCOUNT

The Automobile Club of Southern California notified us that they were making available to our members an additional 14% discount on auto insurance through the Auto Club.

If you are a member in that area and are interested, please call Grady Locklear, sales agent, Automobile Club of Southern California (310-914-2559).

 

 

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