Orange County Chiropractic District

ACA Weekly Report - 02/03/03

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Memorandum 
To: ACA Members, House of Delegates, Board of Governors and Other Interested Parties 
From: Gary Cuneo 
Re: ACA EVP Weekly Report 
Date: February 3, 2003 

This week's report includes the following items: 

1. TAKE THE GLOVES OFF WITH SHOWTIME 
2. ACA SCORES POSITIVE PRESS FOR CHIROPRACTIC 
3. COINCIDENCE OR CONSPIRACY? FACTS FROM GEORGE MCANDREWS, ESQ. 
4. PARKER WAS A SUCCESS IN MORE WAYS THAN ONE 
5. BREAKTHROUGH COACHING SETS THE BAR HIGH 
6. VACCINE PROVISION DRAWS FIRE 
7. NCLC TO PROVIDE USEFUL TOOLS TO LEADERSHIP OF STATE ASSOCIATIONS 
8. BUSH MEDICARE PLAN: DEAD ON ARRIVAL? 
9. RENEW YOUR SUBSCRIPTION TO THE NEW ACA PRACTICE ADVISORY 
10. CAN'T ACCESS THESE LINKS? 

1. TAKE THE GLOVES OFF WITH SHOWTIME 

In last week's report, I informed you that ACA General Counsel George McAndrews, Esq., had sent a preemptive letter to Showtime Networks as the cable network prepared to air an anti-chiropractic program featuring comedians/magicians Penn & Teller. 

The program aired on Friday, January 31 at 11:00pm ET/PT, and it was a despicable portrayal of this great profession. The ACA plans to set the record straight with Showtime about this broadcast. But there is something you can do too. Please ask your patients to write a letter to Showtime Networks letting them know of their outrage over an attack against the profession that has helped the patient navigate the ups and downs of life in a fashion that was unavailable from what is provided by the medical profession. You might also tell your patients that chiropractic care is universally acknowledged by the journals of the medical profession to be superior in caring for their neuromusculoskeletal concerns. Talk with your patients on whether or not they wish to continue to expend money on such a channel that provides such misinformation. 

Letters can be sent to: 

Matthew Blank, CEO & Chairman 
Showtime Networks 
1633 Broadway 
17th Floor 
New York, NY 10019-6708 

(email: blank.matthew@showtime.com

And to: 

Jerry Offsay, Programming President 
Showtime Networks
10880 Wilshire Blvd. Suites 1500 & 1600
Los Angeles, CA 90024 

(email: offsay.jerry@showtime.com
The general email mailbox for the network is: talk2@showtimeonline.com. Showtime can be reached via phone at: (212) 708-1600 in New York, and at (310) 234-5200 in Los Angeles. 

2. ACA SCORES POSITIVE PRESS FOR CHIROPRACTIC 

Despite the baseless attack administered by Showtime this past week, the ACA has secured some outstanding positive coverage for chiropractic in the media of late. 

In its June 2003 issue, Prevention magazine - the largest health/fitness magazine in the country - will be running an article featuring the success story of a chiropractic patient of ACA member Allen Unruh, DC. This particular patient was given her life back thanks to chiropractic care, and the world will soon read about it when the article appears in the magazine. Prevention enjoys a circulation of over 3 million readers. The article will provide ACA's toll-free number, which readers can call to locate ACA members - like you - in their community. 

Additionally, the Associated Press (AP) recently contacted the ACA for an interview and then published a terrific story about doctors of chiropractic treating truck drivers. The article, which features ACA national spokesperson Jerome McAndrews, DC, is currently being picked up by newspapers across the country. 

Finally, Scott Bautch, DC, immediate past president of ACA's Council on Occupational Health, is quoted in the February issue of Men's Fitness magazine on the subject of airplane travel - a subject on which ACA has released information in the past. 

3. COINCIDENCE OR CONSPIRACY? FACTS FROM GEORGE MCANDREWS, ESQ. 

ACA General Counsel George McAndrews, Esq., called me the other day and asked me to write down the following facts: 

A. December 8, 1994: AHCPR came out with their guidelines indicating that spinal manipulation was the preferred treatment for low back pain.

B. December 9, 1994: The newspapers declared that the chiropractic profession was the winner from this AHCPR report and that doctors of chiropractic were shown to be better than medical practitioners for treatment of low back pain. Examples: Chicago Tribune, December 9, 1994, "Chiropractors get a boost and surgeons a setback in new government-backed guidelines on how to treat low back pain." Chicago Sun-Times, December 8, 1994, "When it comes to lower back pain, think twice before resorting to the usual remedies--bed rest, prescription drugs and surgery. Try a chiropractor instead."

C. December 14, 1994: Only 6 days after decreeing that care provided by chiropractors was best for pain and for functional improvement for low back pain, HHS and HCFA (now CMS) issued Operational Policy letter #23 without notice and comment, stating that managed care plans are not required to offer manual manipulation of the spine to correct a subluxation through chiropractors, and that non-physicians, such as physical therapists, may provide this treatment. (Later, HHS was forced to retract the latter portion in response to our November 12, 1998 suit against Secretary Shalala, but HCFA refused to publish a retraction or cancel the policy letter. It was not until there was a change in the administration, with Secretary Tommy Thompson coming on board, that the policy letter was changed. 

D. After nearly seven years, a new policy letter was issued reversing the decision to allow physical therapists to provide the chiropractic service. However, the letter still allows osteopaths and medical doctors to be reimbursed for the service. The judge in our suit has still not acted on this important component of the situation.

It's tough to dispute the feeling that for years there were many in the government (and still exist) who tried to contain and eliminate the chiropractic profession, not withstanding the Wilk decision. 

4. PARKER WAS A SUCCESS IN MORE WAYS THAN ONE 

Last weekend, more than 8,000 doctors of chiropractic and chiropractic assistants converged on the Las Vegas Hilton Hotel to attend the 51st annual Parker Seminar. There were numerous and diverse educational programs on Thursday and Friday, including presentations by Dr. Scott Haldeman, Dr. Jim Cox ,Dr Terry Yockum and Dr. Malik Slosberg. And on Saturday, prominent athletes and celebrities offered testimonials regarding their positive chiropractic experiences. 

Throughout the seminar, the Parker staff offered the National Chiropractic Legal Action Committee numerous opportunities to raise money for the National Chiropractic Legal Action Fund (NCLAF). The opportunities culminated on Saturday morning, when a video about the legal action fund featuring Dr. Carl Cleveland III was shown on two giant screens, and chiropractic leaders such as Dr. Patrick Gentempo, Dr. Carl Cleveland III, Dr. Larry Markson and SACA National Chair Janelle Whitehead gave testimonials about the critical nature of our legal efforts. 

Additionally, Foot Levelers and Breakthrough Coaching each made generous financial contributions to the NCLAF. In all, we raised over $520,000 for the lawsuits. Combined with what we had raised previously at Parker Seminars since January 2002, the cumulative contributions total over $800,000. We wish to thank Dr. Mancini and his team teachers for their terrific support in this effort.

5. BREAKTHROUGH COACHING SETS THE BAR HIGH 

During the Parker celebration on Saturday, Dr. Mark Sanna, President of Breakthrough Coaching, made a commitment to contribute $100,000 to the legal action fund. He indicated that he and his coaches are committed to donating the proceeds of their upcoming programs to this effort. Needless to say, the National Chiropractic Legal Action Committee was tremendously appreciative.

Over the last couple of years, Breakthrough Coaching has been a great supporter of the ACA. Not only are Dr. Sanna and his coaches ACA members, but all of them signed on early as $100 per month contributors to the legal action fund.

6. VACCINE PROVISION DRAWS FIRE 

In last year's rush to complete massive legislation creating the new Department of Homeland Security, lobbyists for pharmaceutical giant Eli Lilly & Company succeeded in "sneaking" a non-related "special interest" provision into the bill, aimed at shielding Lilly and others from lawsuits stemming from the use of mercury-based preservatives in childhood vaccines. Lilly is being sued by parents who allege the vaccines caused their children to develop autism. Lilly's clever move, however, was discovered during last year's debate over the bill and has generated controversy. Several members of Congress have vowed to enact new legislation repealing the Lilly vaccine provision, and the ACA is supporting their efforts. See the following links for more information and an Issue Brief on the subject by the ACA: 

<http://www.acatoday.com/hot_topics/vaccine.shtml>, <http://www.acatoday.com/hot_topics/vaccine_repeal.shtml>. 

7.. NCLC TO PROVIDE USEFUL TOOLS TO LEADERSHIP OF STATE ASSOCIATIONS 

The National Chiropractic Legislative Conference (NCLC), scheduled for March 5-8 at the Hyatt Regency Hotel in Washington D.C., will provide the leadership of state associations with numerous programs that will assist them in their endeavors. In addition to the opportunity to meet with their members of Congress to promote a comprehensive chiropractic agenda and to hear presentations from influential government and congressional figures, the weekend program will include a presentation on the art of fundraising from the prominent firm simply known as "Raising More Money." Mr. George McAndrews, Esq., will provide an update on the lawsuit, and a program for new doctors will be offered as well.

As I mentioned in last week's EVP report, a Blue CCHIP program and a CCAC program are also scheduled. 

Additional NCLC information can be found at: <http://www.acatoday.com/about/nclc2003/>. 
The Blue CCHIP agenda can be found at: <http://www.acatoday.com/about/nclc2003/bcchip_agenda.shtml>, and the CCAC agenda can be found at <http://www.acatoday.com/about/nclc2003/ccac_topics.shtml>. 

8. BUSH MEDICARE PLAN: DEAD ON ARRIVAL? 

No real details are available yet about President Bush's proposal to deal with the current Medicare problem, except that the basic scheme is to induce beneficiaries into private plans that would offer a drug benefit as an inducement to switch from traditional Medicare. Behind this proposal is the belief that private plans (many of which would be HMOs, PPOs, etc.) would do a better job of holding down overall program costs -- so program costs wouldn't grow as fast as they currently project the traditional Medicare plan will as the baby boom generation starts becoming eligible for Medicare. Currently at about 40 million beneficiaries -- this would ultimately go to about 80 million beneficiaries. Big growth in the program should start in about 10 years. The democrats have already expressed deep concerns about the proposal. Rep. Bill Thomas (R-CA), Chairman of the House Ways and Means Committees and Senator Charles Grassley (R-IA), Republican gatekeepers of Medicare proposals in their respective houses, have not indicated their position on the issue, which isn't a good sign for the administration. We will obviously continue to monitor this important proposal.

9.. RENEW YOUR SUBSCRIPTION TO THE NEW ACA PRACTICE ADVISORY 

The popular ACA Addendum is receiving a facelift starting with a new name: ACA Practice Advisory: Regulatory and Insurance Reimbursement Policies and Current Practical Applications. Four times a year, the advisory will guide you through proper applications of the often-confusing treatment and diagnostic codes. The advisory will contain fact-filled articles on the latest coding issues, and will feature a special question-and-answer section based on reader feedback. This is a must-have resource for every office, and is the perfect compliment to your CPT 2003 coding manual. Don't delay. Renew your subscription today! 

ACA Practice Advisory: Regulatory and Insurance Reimbursement Policies and Current Practical Applications 

ACA Member Price: $25.00 
Non-Member Price: $35.00 

Order Item Sub03. 

SPECIAL SAVINGS! For additional savings when you renew your subscription to the ACA Practice Advisory, order in conjunction with ACA's 2003 Chiropractic Coding Solutions Manual. 

ACA Member Price: $67.00 
Non-Member Price: $103.95 

Order Item CPT03Sub. 

12. CAN'T ACCESS THESE LINKS? 

Some of you have been unable to download my PDF links. To view these file types, you need Adobe's Acrobat Reader. This is a free utility available at www.adobe.com. If you need further assistance viewing anything referred to in this report, please e-mail me at gcuneo@amerchiro.org.

 

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