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Orange County Chiropractic District
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MEMORANDUM TO ACA MEMBERS, BOARD OF GOVERNORS, HOUSE OF
DELGATES AND OTHER INTERESTED PARTIES This week's report includes the following items: 1. Update on VA Bill 2. ACA Submits Its Final Pleading on Medicare Suit 3. Fundraising Isn't That Hard 4. ACA Meets with HCFA Official Regarding CCI Edits 5. ACA Endorsed Speed Skater Derek Parra Wins Gold in Netherlands 6. ACA and HHS Partnership for a Donation-Friendly America 7. An Easier Way to Pay Your Membership Dues 8. Coding Solutions All Year Long 1. UPDATE ON VA BILL As the Senate continues to deliberate about a new chiropractic benefit for our nation's veterans, the physical therapists are attempting to limit the scope of practice for doctors of chiropractic in the bill or kill the chiropractic legislation outright. The American Physical Therapist Association (ATPA) has not made its opposition to ACA's legislation a secret. In fact, ATPA stated the following to Congress, "APTA fears these programs (programs for veterans), and other services, will be compromised unless all provisions relating to chiropractic services are stricken from H.R. 2792." The ACA has recently learned that the APTA is working in the Senate to limit the scope of practice for doctors of chiropractic to the spine. The ACA feels that it is outrageous for APTA to think it has the expertise and creditability to determine DC scope of practice. The ACA is currently working with key members of the Senate to counteract APTA's effort. As a result, it is imperative for you to contact your senators and ask that they support the House version of the bill that includes a permanent chiropractic benefit, direct access and a strong scope of practice for doctors of chiropractic in the Veterans Administration. The Capitol switch board number is (202) 224-3121. The VA bill that includes the chiropractic provision has a $9 billion price tag. There are other sections that are also controversial, so our provision isn't the only one that is getting attention. But this latest move by the physical therapists is getting a little old. They challenge us in the legislature and they challenge us in the courts. Apparently, they haven't gotten the message that we are here to stay. Now I see that on Friday they introduced legislation in Congress that would include them within the definition of physicians. We will certainly enjoy our chance to comment on their bill. Every dog has its day. 2. ACA SUBMITS ITS FINAL PLEADING ON MEDICARE SUIT On Friday, ACA filed its final pleading in support of our motion for summary judgment in the Medicare lawsuit. The following passage from the 25-page document is perhaps the best and most concise statement of our cause: "Despite the overwhelming evidence from the period of time during and before the passage of the 1972 amendments to the Social Security Act presented in this case by the Plaintiff, the Secretary expects this Court to believe that Congress intended medical doctors and osteopaths to be included with chiropractors, in providing treatment by means of manual manipulation of the spine to correct a subluxation, at a time when medical doctors and osteopaths did not believe the treatment was possible and did not believe that subluxations existed. Surely the interpretation defies all notions of logic and reason. The relevant facts and circumstances surrounding the passage of the 1972 amendments clearly establish that nobody--not HHS, not the AMA, not medical doctors, not osteopaths and not Congress--believed or even considered the possibility of this interpretation of the statute now proffered by the Secretary in this case. Apparently, the existence of some 25 million chiropractic patients have now convinced the Defendants that history should be ignored, that HHS and the medical community were all wrong, and that medical doctors and osteopaths are all now pseudo chiropractors." Sure makes sense to me. 3. FUNDRAISING ISN'T THAT HARD Dr. Mike Flynn, former chairman of the BOG, and Dr. Glen Manceaux, delegate from Louisiana and member of the BOG, demonstrate that raising money isn't that difficult if the cause is right. Since September, and by simply making phone calls to doctors in Louisiana, the two have raised nearly $16,000 for the National Chiropractic Legal Action Fund (NCLAF). It takes time out of one's practice, but fundraising is a one-on-one proposition. If you don't ask a friend to contribute, it probably won't happen. Our lawsuits against the Feds and Trigon Blue Cross/Shield of Virginia continue and your support, and the support of your fellow doctors, is needed now more than ever. Please send your check today to the National Chiropractic Legal Action Fund, P.O. Box 75359, Baltimore, MD 21275. 4. ACA MEETS WITH HCFA OFFICIAL REGARDING CCI EDITS Last Thursday, the ACA staff, along with Dr. George McClelland and Dr. Anthony Hamm, met with officials of the Centers for Medicare and Medicaid Services (CMS/formerly HCFA) to discuss our concerns with the National Correct Coding Initiative (CCI) edit for the chiropractic manipulative treatment codes (CMT). Under current CMS CCI policies, procedures 97112, 97124 and 97140 are bundled into the CMT code. These edits are designed to be used under Medicare to identify coverage. Unfortunately, because these edits are public information, many commercial carriers and medical software vendors who sell computer programs to carriers use them. Therefore, other insurance carriers, such as health insurance, workers' compensation, and personal injury carriers use the same types of edits. Although chiropractic coverage is limited under Medicare, these edits are causing the other insurance carriers to deny traditionally covered services. It is the opinion of the ACA that the bundling of these procedures into the CMT code is inappropriate and runs contrary to the AMA's policy on the use of the CMT. The ACA has been working to reverse these edits for some time, but CMS had been ignoring our correspondence. However, this latest meeting was productive. The ACA has been requested to provide additional information to CMS and to continue to dialogue on the issue with the appropriate CMS staff. We remain cautiously optimistic that CMS finally understood the gravity of this situation and will take appropriate action. We will provide them with an opportunity to do so. However, if we find after an appropriate amount of time that they have not taken corrective action, we will take this issue to the legislature or initiate more drastic action. 5. ACA-ENDORSED SPEED SKATER DEREK PARRA WINS GOLD IN NETHERLANDS ACA-endorsed speed skater Derek Parra, the United States' best chance for a gold medal at the 2002 Winter Olympics in Salt Lake City, won a gold medal at last Saturday's World Cup event in the Netherlands. He skated a time of 1 minute 49.78 seconds to achieve the medal in the men's 1500 meters. The ACA with assistance from the ACAuxilary has been an early financial sponsor of Parra's activities. As part of the sponsorship agreement, the skater proudly displays the ACA logo on his uniform. A faithful chiropractic patient, Parra has said, "I've always believed in chiropractic care. I've used a lot of other treatments for injuries and pain, but the problem doesn't get fixed until I go to a doctor of chiropractic." Parra was consulted on a recent ACA news release titled "Preparation for Outdoor Winter Activities Prevents Injury." To view the release, go to: www.acatoday.com/media/releases/112701.html. Be sure to keep an eye on this rising star during the upcoming Winter Olympics, as he is sure to make America and chiropractic proud. 6. ACA AND HHS ENTER PARTNERSHIP FOR A DONATION FRIENDLY AMERICA The ACA has announced that it has signed on as a partner and charter member of U.S. Department of Health and Human Services' Secretary Tommy G. Thompson's Workplace Partnership for Life, a nationwide network to increase the number of organ, tissue, marrow and blood donors in the United States. As a charter member of Workplace Partnership for Life, the ACA will help educate doctors on how they and their patients can become organ donors and will publish important information in the coming months educating the public on the "myths and facts" of the program. ACA also hopes to build interest among chiropractic state associations in developing a state model for a chiropractic public relations campaign. Look for more information on the Workplace Partnership for Life program in upcoming ACA publications. The December-January issue of ACA Today will include a fact sheet on organ and tissue donation that can be photocopied and distributed to employees and patients. The fact sheet can also be downloaded from the ACA's Web site at www.acatoday.com/hot_topics/index.html. The December issue of the Journal of the American Chiropractic Association will include an article about organ and tissue donation by HHS Secretary Tommy Thompson, as well as profiles of ACA Past President Dr. Russell E. Sawyer and Dr. Julie Carlson, who received life-saving organ transplants from living donors. 7. AN EASIER WAY TO PAY YOUR MEMBERSHIP DUES Why has the number of ACA members renewing via EZ Pay, ACA's automatic account debit program, more than doubled in just the last year alone to 1022 members? Some of these doctors have enrolled to ensure that more of their dues investment goes to serving them, their patients, and their profession, rather than covering administrative costs (EZ Pay saves the ACA at least $35 per year, per member, in dues renewal billings, reminder notices, etc.). Others prefer the convenience or the assurance that their membership benefits will never lapse by a misplaced renewal notice, lost payment in the mail, etc. And there's no risk, since enrollment can be canceled at any time with a simple phone call or note to the ACA. Most of the new EZ Pay enrollees are new members who have joined in the last 12 months. However, more and more established ACA members are discovering the benefits of enrolling, as well. For more information or to sign up, call your Member Information Specialist at (800)986-4636. 8. CODING SOLUTIONS ALL YEAR LONG ACA's Official Chiropractic Coding Solutions 2002 has been revised and expanded this year into an even more comprehensive coding resource. This year's features include: critical coverage of CCI edit relief, a new HIPAA section, a free CD-Rom, updated Medicare ABN, expanded diagnosis and HCPCS sections, and more. It's also the only book on the market covering federal workers' compensation. NEW!!! Purchase the 2002 CPT book and subscribe to ACA Addendum, quarterly breaking news updates. With critical policy and regulatory changes, HIPAA information and valuable new coding material developing throughout the year, ACA wants to ensure that you have the most timely access to the news you need to run your practice. Now when you order ACA's Official Chiropractic Coding Solutions 2002, you can sign up for the ACA Addendum and get quarterly news updates designed to help you improve reimbursement and stay in compliance. Co-produced by Chiropractic Economics and written by ACA's team of insurance and regulatory experts, you can count on quality, accuracy, and affordability. It's the most accurate and timely news you need to run your practice. Call (800) 368-3083 to order. |
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