Orange County Chiropractic District

ACA Weekly Report - 06/02/03

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Memorandum

To: ACA Members, ACA House of Delegates, ACA Board of Governors and Other Interested Parties 
From: Gary Cuneo 
Re: ACA Executive Vice President Weekly Report 
Date: June 2, 2003 

This week's report includes the following items: 

1. ACA AGAIN LEADS CHARGE IN DEALING WITH NEW STUDY 
2. TRIGON UPDATE 
3. NORTHWESTERN STUDENTS CONTRIBUTE AGAIN 
4. NORTH DAKOTA CONTINUES TO BE AMONG TOP CONTRIBUTORS 
5. SOUTH CAROLINA BECOMES A MAJOR PLAYER 
6. JACA SURVEY QUESTION FOR YOUR CONSIDERATION 
7. STATES LOOK FOR CUTS IN MEDICAID PROGRAMS TO SOLVE BUDGET WOES; SOME HELP COMING FROM THE FEDS 
8. RECENT CONFERENCE CALL REGARDING PHYSICAL THERAPY IS WELL-RECEIVED; AGENDA FOR NEXT CALL INVOLVES MEDICARE 
9. UPCOMING PARKER PROGRAM 
10. MEDICARE MATTERS 
11. CAN'T ACCESS THESE LINKS? 

1. ACA AGAIN LEADS CHARGE IN DEALING WITH NEW STUDY 

A June 3, 2003 study from the Annals of Internal Medicine contends that a systematic review of the available literature shows that there is no evidence that spinal manipulative therapy is superior to other standard treatments for patients with acute or chronic low back pain. 

The American Chiropractic Association (ACA) has prepared an official, preemptive response to the study, highlighting the study's positive aspects and challenging its negative aspects. We have already distributed this response as a news release to the health editors of the nation's largest media organizations - including national and international wire services, news syndicates, broadcast networks and the nation's leading newspapers and magazines. In addition, ACA officials have already handled interviews on this issue with The Wall Street Journal and WebMD. 

In essence, the ACA believes that the new study indicates that spinal manipulation is an effective, safe, drug-free alternative to traditional medical care. Unfortunately, the authors ignored the positive findings of such studies as the Manga Report and the AHCPR guidelines, cited below:

· Manga, Pran. "Enhanced chiropractic coverage under OHIP (Ontario Health Insurance Plan) as a means for reducing health care costs, attaining better health outcomes and achieving equitable access to health services." Report to the Ontario Ministry of Health, 1998. 

· Manga, Pran., et al. Chiropractic Management of Low-Back Pain. Pran Manga and Associates, Ontario, Canada, 1993

· Bigos S., Bowyer O., Braen G., et al. Acute Low Back Problems in Adults. Clinical Practice Guideline No. 14. AHCPR Publication No. 95-0642. Rockville, MD: Agency for Health Care Policy and Research, Public Health Service, U.S. Department of Health and Human Services. December, 1994.

The ACA is alerting state associations, ACA members, chiropractic media and others to the study as it may attract attention from media outlets across the country - and you may be contacted by your local media to comment on the study.

Please click here to find ACA's official response: <http://www.acatoday.com/media/releases/060203.shtml>. And for a copy of the full text of the study, click here: <http://www.annals.org/issues/v138n11/full/200306030-00008.html>. 

2. TRIGON UPDATE 

On May 23rd, Mr. George McAndrews, on behalf of the ACA, VCA and the numerous doctor and patients plaintiffs in the Trigon suit, filed the formal Notice of Appeal with the United States Court of Appeals for the Fourth Circuit. In a 2-page notice, Mr. McAndrews indicates an appeal of not only Judge Jones' ruling in April, but also some of his previous rulings, including his dismissal of our charges that Trigon violated RICO and the Virginia insurance equality laws; our ability to conduct discovery on Trigon's records prior to 1996; our ability to compel discovery from the Medical Society of Virginia and much more. For a copy of the Notice of Appeal, visit: http://www.acatoday.com/legal/trigon/ 


Mr. McAndrews now has 45 days to file documents in support of the appeal, at which time Trigon has 45 days to respond. After that, we have 15 days to respond to Trigon's response. The matter is then scheduled for oral arguments before a three-member panel court of appeals. The 4th Circuit has a reputation for being the quickest in the nation for turning out decisions, with the average decision coming within in seven months. 

3. NORTHWESTERN STUDENTS CONTRIBUTE AGAIN 

The students from Northwestern Health Sciences University have been the strongest supporters of the National Chiropractic Legal Action Fund NCLAF among chiropractic students by a large margin. The Student Senate of the college extended this margin even further with a $300 contribution, raising their total contribution to the NCLAF to $10,400.

4. NORTH DAKOTA CONTINUES TO BE AMONG TOP CONTRIBUTORS 

The North Dakota Chiropractic Association contributed another $10,000 to the NCLAF--bringing its total to $50,005--making it the third largest state association contributor to the NCLAF. What is truly amazing about this is the state association has only 150 members. But then consider something just as amazing: State associations that have been the largest contributors - like the Nebraska Chiropractic Physicians Association ($55,001) and the South Dakota Chiropractic Association (60,000) - are among the smaller state associations in the country. 

5. SOUTH CAROLINA BECOMES A MAJOR PLAYER 

Our South Carolina delegate, Dr. Richard Lacy, forwarded me a check for over $8,000 to the NCLAF. It represents the proceeds from a HIPAA seminar that was put on by Dr. John Davila, SACA past president and ACA member, before the members of the South Carolina association. This brings the total contributions of the association to over $9,000.

6. JACA SURVEY QUESTION FOR YOUR CONSIDERATION 

In the May issue of JACA, we asked members to tell us what they want to read in their journal. Since members' opinions are very important in deciding future content and directions, we are asking that if you did not return the one-page survey already, please fill it out and submit it by clicking on the following Web address. Thank you. http://www.acatoday.com/hot_topics/jaca_survey.shtml 

7. STATES LOOK FOR CUTS IN MEDICAID PROGRAMS TO SOLVE BUDGET WOES; SOME HELP COMING FROM THE FEDS 

At least 29 states have made cuts to their Medicaid programs as they try to resolve the worst fiscal crisis in more than 60 years. Our doctors have seen their access to Medicaid funds reduced as a consequence. There is some help coming from the feds. On May 28th, President Bush signed into law a $350 billion compromise tax cut bill that includes additional funds for state Medicaid programs. Under the law, states will receive $20 billion in federal funds, $10 billion of which will be used to increase federal matching rates for Medicaid by 2.95 percentage points until Oct. 1, 2004. The other $10 billion will be evenly divided over two years for states to use on health care, social services, public safety, education, job training, transportation and infrastructure, law enforcement or other "essential government" services. 

8. RECENT CONFERENCE CALL REGARDING PHYSICAL THERAPY IS WELL-RECEIVED; AGENDA FOR NEXT CALL INVOLVES MEDICARE 

Over 22 representatives of state associations participated in my monthly EVP Advisory Committee conference call for May where the focus was on the threat from state physical therapy associations. States represented on the call included Louisiana, Arizona, Ohio, Michigan, Illinois, North Dakota, Alabama, Pennsylvania, South Dakota, Kentucky, Colorado, Illinois. Also on the call were ACA President Dr. Daryl D. Wills and Dr. Anthony Rosner of FCER.

With a focus on thwarting the attacks of the physical therapists, we enjoyed presentations from:

bulletDr. Glenn Manceaux, a member of the ACA Board of Governors who has the unique perspective of being both a doctor of chiropractic and physical therapist. 
bulletDr. Phil Knight of Michigan and Kathy Chittom, Executive Director of the Chiropractic Association of Louisiana, who discussed methods they use to defeat attempts by the physical therapists to expand into our practice
bulletDr. Craig Little, ACA's representative on the AMA CPT committee, who discussed the use of the AMA CPT codes in this effort.
bulletTom Daly, ACA General Counsel, and Dennis Smith, ACA Assistant Director of Government Relations, who discussed the general federal statutes regarding PT status and the recent action in our lawsuit. Also provided was an overview of the various legislative activities of the physical therapists throughout the country.

The next scheduled conference call of ACA EVP Advisory Committee is set for June 10th at 1:00 pm Eastern. The focus of this call and some subsequent calls will be Medicare. More specifically, this call will focus on the following problem areas: billing electrical stimulation codes, ABN requirements and documentation concerns. Once again, we will bring in speakers who have experience in these areas, so come equipped with your members' questions call. 

9. PARKER PROGRAM 

Another Parker Seminars program is coming up! This one is scheduled for June 12-15 at the Anaheim Marriott in Anaheim, CA. Online registration is available at www.ParkerSeminars.com 

The Anaheim Parker program includes:

bulletBill Frank - See "The You Factor in Chiropractic" by America's foremost fitness and age management expert
bulletJohn Gray, Ph.D. - leading relationship author.
bulletMark Victor Hansen - An outstanding motivational speaker. 
bulletJack Canfield - America's leading expert in creating peak performance.

10. MEDICARE MATTERS 

ACA's Medicare Solutions Manual 2003 is the only chiropractic-specific Medicare resource reviewed for accuracy by the Centers for Medicare and Medicaid Services (CMS). The manual will guide you through the claims process, building accuracy and helping to ensure you receive the reimbursement you deserve. Content includes a step-by-step guide to billing and collecting, P.A.R.T documentation, and CMS modifiers and codes. 

Order your manual today and receive ACA's Medicare Solutions Manual 2003 Update. This 25-page addendum includes updated information on the Medicare appeals process, advance beneficiary notice information (ABN), an updated ABN form, new CMS modifiers, instructions on completing the CMS-1500 Health Insurance Claim Form and more! To order, go to 

http://shopaca.com/miva/merchant.mv?Screen=CTGY&Store_Code=AS&Category_Code=3 or call 800-368-3083. 

Price: ACA Member: $49.95; 
Non-Member: $79.95 
Order Item MSM2003. 

11. 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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