1. TRIGON UPDATE: SOME NEW INSIGHTS
This past week, we sponsored three different conference calls featuring attorney George McAndrews, Esq., during which Mr. McAndrews discussed the status of our lawsuit against Trigon Blue Cross Blue Shield. The conference calls included participants from the chiropractic media, state associations, colleges and other interested groups. The previous week, we held a similar call with attorneys from the National Association of Chiropractic Attorneys. These discussions gave me an even greater confidence in my belief, and more importantly, the belief of the leadership of this organization, that we have a good opportunity to prevail in our appeal of Judge Jones' decision to the United States Court of Appeals for the Fourth Circuit.

The judge's ruling contends that Trigon's Managed Care Advisory Panel (Panel), composed solely of medical doctors from various medical societies in Virginia, was not in conspiracy with Trigon to limit coverage of chiropractic services and payments to doctors of chiropractic. The Judge maintained that the Panel members are "agents" of Trigon who did not personally benefit from Trigon's discrimination policies taken towards doctors of chiropractic. It is acknowledged by the Judge that the Panel was relied on by Trigon for recommendations on the guidelines on low back pain that ignored the AHCPR's conclusion that spinal manipulation was the preferred treatment. An eminent professor of economics who reviewed this matter concluded that these recommendations caused "deterred referral." Placing an economic value on this action, he speculated that millions of insurance dollars went to the medical doctors instead of chiropractic doctors for back care that should have been referred to doctors of chiropractic.

For the judge to assert that medical doctors on the Panel could remain neutral and not be swayed by their own personal biases and self-interest is to ignore the comments of a professor of economics and the 100 years of medical / chiropractic history. The judge in particular ignored the influence of the Virginia medical community in creating this anti-chiropractic attitude not only within their state but also nation wide. We have learned that in the last 50 years, four of the presidents of the American Medical Association have been from Virginia -- a significant number considering the size of the state. More significant is that one of the presidents -- a doctor Hotchkiss -- was elected president of the Virginia Medical Society in 1972. In 1974, he was appointed to the infamous AMA Committee on Quackery, which hatched the conspiracy against chiropractic. It was learned in the Wilk trial that only states with particularly virulent anti- chiropractic positions were appointed to the committee. Thereafter, the doctor became chairman of the AMA Board of Trustees and then its president. He assumed the position of president during the Wilk trial.

The information above only scratches the surface. Not only will we be challenging the Judge's decision that the opinions of the Panel were not biased or self-serving, but also his decision earlier in the case that prevented us from conducting discovery prior to 1996. It was prior to 1996 that Trigon's low back pain guidelines were developed. It was prior to 1996 that the restrictions (caps, discounts, etc.) on chiropractic care were developed. An appellate decision reversal of the Judge's decision will help us demonstrate that the conspiracy which existed since 1996 between the medical community and Trigon, had its origins and flourished even more so prior to that time. Finally, we will be able to demonstrate what you and I already know: a conspiracy between medicine and the insurance community that Judge Getzendanner ruled existed in 1987 simply went underground, and nowhere has it been more prevalent than with Trigon Blue Cross Blue Shield.

2. HELP US CONTINUE THE FIGHT

You can now make contributions to the National Chiropractic Legal Action Fund (NCLAF) online! Please help us continue the fight. To do so, simply click HERE (the address is very long - ed.)

3. CHECK NEWSSTANDS NOW FOR PREVENTION MAGAZINE'S CHIROPRACTIC SUCCESS STORY!

Be sure to look for the JUNE 2003 issue of Prevention magazine, which should be hitting newsstands any day now. Page 85 of the magazine features the story of a chiropractic patient who got her life back thanks to chiropractic care. Because ACA arranged the interview with the magazine, we have already received an advance copy. It really is a great story.

Prevention is the most widely read health and fitness magazine in the country, with a circulation of over 3 million people. The patient featured in the article -- Susan Gould -- is a patient of ACA member Dr. Allen Unruh of Sioux Falls, South Dakota. This article is fantastic PR for the profession -- not to mention ACA members! The article provides ACA's toll-free number, which readers are already calling to locate ACA members, like you, in their community. As they say, membership has its privileges.

4. ACA WELLNESS CAMPAIGN CONTINUES TO EXPAND

The ACA Wellness Campaign is moving into full swing. After undertaking and completing a survey of the chief academic officers and near-graduating students at each of the accredited chiropractic colleges, the committee was able to see what aspects of wellness education are currently addressed in each of the schools, and to review the curriculum to determine where changes are warranted. The committee hopes to take these suggested changes to the appropriate agencies within the next year.

Core members of this committee met this past March, and more recently in May to determine the best way to implement the Wellness Campaign and to determine what aspects to focus on. The full committee will now be brought in to form subcommittees and to divide up the diverse work that the campaign entails. Some of the specific goals of the campaign are to provide doctors of chiropractic with the tools and guidance necessary to provide complete wellness programs within their offices, as well as promote doctors of chiropractic as the primary choice in wellness care.

As part of this promotion, the ACA has been striving for more public awareness as a wellness profession by becoming a partner in the American Public Health Association's Public Health Weeks as well as a sponsor of their Chiropractic Health Care Section. In addition, ACA is currently working to become a partner of the Healthy People 2010 Initiative.

5. ACA FILES COMPLAINT AGAINST HORIZON BLUE CROSS BLUE SHIELD

ACA officials met with the New Jersey Department of Banking and Insurance (DOBI) in April to discuss what we feel to be unfair chiropractic practices regarding policy administration. ACA discussed limitations such as caps, carve-outs on scope of practice, treatment that differs from that given to other providers for performing the same services and reimbursement parity with the Department. The DOBI agreed to work with ACA to approach Horizon about these concerns. ACA has taken the first step by sending a formal request to the DOBI to request their intervention to obtain clarity on Horizon's practices and their intentions regarding appropriate change. If Horizon does not comply with the Department's request, ACA may ask that the DOBI conduct a Market Conduct Exam. The DOBI has confirmed they have regulatory authority over Horizon and that they will decide whether or not they can go public. Complaints such as ACA's will play a roll in that process.

6. ACA, ACC SUCCEED IN INCLUDING CHIROPRACTIC PROVISION IN DOD BILL

We are happy to report that language was included in the chairman's mark of the House Armed Services Committee DOD legislation directing the Secretary of the Department of Defense to accelerate the implementation of the chiropractic benefit in the armed services with the goal to having it fully implemented by October 1, 2005.

While the bureaucrats in some of the services may not be happy, our service men and women throughout the world are that much closer to having access to chiropractic care.

7. ACA CONTINUES TO DEFUSE CONCERNS OVER STROKE ISSUE

While the media circus surrounding the recent Neurology study linking chiropractic neck manipulation to stroke begins to die down, the ACA remains vigilant in providing the facts on this issue to doctors, patients, the media and others. As I reported last week, ACA experts have handled interviews with CNN, NBC, ABC, Reuters, CBS Radio and many other major media outlets in order to provide the public with the truth about the safety of chiropractic care. While we cannot prevent a study like this from being published, the only way to defuse a situation such as this is to be prepared with: (a) facts, (b) a powerful and timely response, and (c) experts who can speak authoritatively and eloquently on the subject. We provided all of the above, and the result was a much more balanced media portrayal than we ever could have hoped for otherwise. For example, take a look at the Reuters coverage of the story at the following link, and then imagine the same story without ACA's message having been included: http://asia.reuters.com/newsArticle.jhtml?type=healthNews&storyID=2726770

In case you have not yet seen ACA's official statement on the study, released on Monday, May 12, you can view it here:  http://www.acatoday.com/media/releases/051203.shtml. ACA has also made available a pair of documents that put the risks of chiropractic neck manipulation into perspective here: http://www.acatoday.com/pdf/chiro-risks.pdf and here: http://www.acatoday.com/hot_topics/stroke_talkingpoints.shtml.

ACA had anticipated media concern on the issue of chiropractic risks long before this article was ever published. We have spent many hours researching this issue, and we are prepared to responsibly comment on the issue of chiropractic risks in general, and on this study specifically.

8. INTERNATIONAL SPINAL TRAUMA CONFERENCE SCHEDULED FOR JUNE

A cross-section of the more prominent chiropractic speakers in the country are coming together for a continuing education seminar on June 20-22 at the Hyatt Regency O'Hare Hotel in Rosemont, Illinois. Drs. Dan Murphy, Arthur Croft, Richard Adler, Mark Sanna, Patrick Gentempo, Kim Christensen and many others are scheduled to speak. The program is sponsored by the ACA, ICA, the Palmer Institute for Professional Advancement and the ACA's

Rehabilitation Council.

Continuing education hours have been applied to all 50 states. Proceeds go to National Chiropractic Legal Action Fund.

For further details call 1-800-622-6309 or www.fcer.org/ISTC/info.htm

9. UPDATE ON AHP LEGISLATION

On May 14, the House Education & Workforce Committee, chaired by John A. Boehner (R-OH), has tentatively scheduled a markup of Association Health Plan (AHP) legislation (H.R. 660) that purports to expand access to health coverage for many of the 41 million Americans who are currently uninsured. The legislation would create AHPs, which allow small businesses to band together through associations and purchase quality health care at a lower cost. The American Chiropractic Association along with a Blue Cross Blue Shield-led coalition opposes the bill. The focus of the coalition's efforts to defeat this legislation continues to be in the Senate, where the measure has still not been considered.

10. HOUSE LEADERS RELUCTANT TO ACT ON '04 MEDICARE FEE CUT, MAY ADD MALPRACTICE REFORM TO PRESCRIPTION DRUG BILL

Republican leaders in the House of Representatives and the Bush Administration appear ready to block any effort to address a projected Medicare physician fee cut in 2004. The move comes just two months after Congress passed and the President signed legislation to avert a fee cut of 4.4% for this year and provided for a increase of 1.6%. However, as part of a strategy to attract strong support from the AMA and other health provider groups for a Medicare prescription drug bill, a top White House priority, House Republicans are seriously considering adding the malpractice damage award cap bill passed in March to the Medicare proposal when it comes up for a vote, likely in June or July. While controversial, the inclusion would serve several purposes: It would force the Senate to address the issue (the House passed bill has stalled in the Senate), and it would -- at least in theory -- provide physicians some relief from skyrocketing medical malpractice premiums. As a bonus, it could produce savings that could be plowed back into the Medicare bill. The CBO estimated in March that the malpractice bill would save Medicare, Medicaid and the Federal Employees Health Benefits plan $14.9 billion over 10 years.

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