Memorandum
To: ACA Members, House of Delegates, Board of
Governors and Other Interested Parties
From: Garrett Cuneo
Re: ACA EVP Weekly Report
Date: November 17, 2003
This week's report includes the following items:
1. ACA PRESENTS PORTIONS OF TRIGON BRIEFS TO JUSTICE DEPARTMENT AND FTC
2. BETHESDA NAVAL HOSPITAL COMMANDER PRAISES BILL MORGAN, DC
3. BREAKTHROUGH COACHING: A REAL STAR
4. FORBES MAGAZINE EXPOSES UNNECESSARY SURGERY, ACA APPLAUDS
5. ACA COOPERATES WITH COCSA ON INSURANCE PROGRAM
6. PENNSYLVANIA CHIROPRACTIC ASSOCIATION STEPS UP FOR NCLAF
7. ERISA OFFICIAL VISITS ACA OFFICE, CONDUCTS CONFERENCE CALL WITH NACA
8. ACA ON THE ROAD
9. SPECIAL PILLOW OFFER FOR ACA MEMBERS ONLY
10. CAN’T ACCESS THESE LINKS?
1. ACA PRESENTS PORTIONS OF TRIGON BRIEFS TO JUSTICE DEPARTMENT AND FTC
As I’ve reported previously, the Federal Trade Commission (FTC) and the Department of Justice have been holding public hearings in Washington, DC, on health care and competition law policy. The hearings have focused particularly on the question of whether managed care has hampered competition within the health care community.
Having initially filed lengthy testimony addressing the abuses of managed care against both doctors and patients, ACA is now preparing a follow-up statement based on a relevant portion of our appeal brief in the Trigon case. The relevant portion (pages 7-30) illustrates the conspiracy that existed during the Wilk days, and demonstrates how the conspiracy continues today in the Trigon Blue Cross Blue Shield case.
If you are interested in reading the sections of our appeal brief referenced above, visit
http://www.acatoday.com/pdf/trigon_appellants_brief.pdf.
2. BETHESDA NAVAL HOSPITAL COMMANDER PRAISES BILL MORGAN, DC
William Morgan, DC, who provides chiropractic care to our nation's leaders and military personnel at Bethesda Naval Hospital and the U.S. Capitol, was selected Chiropractor of the Year at this year's ACA House of Delegates meeting. Because Dr. Morgan was unable to attend the event, he submitted a video that was played before the gathering at the HOD meeting, in which he express appreciation for the award. In the video, Rear Admiral Donald C. Arthur, MD, PhD, JD, commander at Bethesda Naval Hospital, introduces Dr. Morgan, calling him a "consummate professional and a real team player" whose work and research at the hospital has been instrumental in getting injured soldiers from all branches of the military back to active duty. Meanwhile, Dr. Morgan thanks his wife and a wide range of people who have supported him in his efforts to bring chiropractic to the highest levels of government and military health care. And after treating some of the brave soldiers who have returned from Iraq--injured but undaunted in their mission--Dr. Morgan offers this advice to chiropractors here at home who struggle to advance their profession: "Never weary of the fight…long for the fight…and to not leave the field before the battle is determined."
You can view Dr. Morgan's acceptance speech online at: http://www.acatoday.com/about/hod2003/morgan_acceptance.shtml.
3. BREAKTHROUGH COACHING: A REAL STAR
Speaking of the HOD meeting in New Mexico -- we were remiss in our previous reports for not mentioning the insurance program put on by Dr. Mark Sanna of Breakthrough Coaching and Pat Jackson, ACA’s vice president of professional development and research. The program was very well attended and well received. Once again, Dr. Sanna offered his time at no cost to the ACA. Breakthrough Coaching has been one of ACA's strongest supporters. Dr. Sanna's team teachers are all members of the ACA and monthly contributors to the National Chiropractic Legal Action Fund (NCLAF). Breakthrough Coaching has contributed a total of $70,450 to the NCLAF. Thanks for your help, Dr. Sanna.
4. FORBES MAGAZINE EXPOSES UNNECESSARY SURGERY, ACA APPLAUDS
ACA recently congratulated Forbes magazine for publishing an illuminating article titled "Is Elective Surgery Overdone?" The October 27 article exposes the growing epidemic of unnecessary knee, spine, shoulder and other surgeries, saying, "A silent scandal simmers untended in American Medicine. Every year surgeons perform thousands upon thousands of questionable or unnecessary procedures on unwitting patients…" One observer in the story goes so far as to label the situation "white-coat crime." In a letter from our president, Don Krippendorf, DC, ACA applauded the magazine for its informative article. In the letter, ACA explains that, "Unfortunately, we seem to be trained in this country to seek the most drastic solutions to our health problems first, while utilizing more conservative treatments - such as chiropractic care - as a last resort…As we look for answers to our nation's health care crisis, revealing articles like yours will help draw attention to the need for patients to seek safer, more effective, and less costly options first." To view ACA's letter in its entirety, as well as other recent ACA letters to media outlets, visit:
http://www.acatoday.com/media/record/.
5. ACA COOPERATES WITH COCSA ON INSURANCE PROGRAM
The annual conference of the Congress of Chiropractic State Associations (COCSA) in Las Vegas was the site of another great program and ACA was involved in helping to organize one of the more interesting meetings. At COCSA’s request, Pat Jackson contacted a number of national insurance leaders, many of whom have participated on our claims solutions workgroup, to participate on a chiropractic/insurance panel to discuss state level initiatives that can be enacted to help solve reimbursement concerns and other problems on the local level. The panel was facilitated by Mr. Jim Palmer, former chair of the Workers Compensation Research Institute (WCRI). Other panelists included Richard Wisniewski, vice president of Erie Group; Dr. Rich Guttschow from State Farm’s national headquarters in Illinois; Nancy Schroeder, vice president of the National Association of Independent Insurers (NAII); Dr. Jonathan Griffiths of Alabama; Dr. George McClelland, representing FCER; and Pat Jackson from ACA. It was a fascinating discussion.
Here is some additional information about a couple of the panelists: Mr. Palmer is past chair of WCRI, a group that recently published negative studies on chiropractic in California and Texas (although not on his watch). He is working with their current leadership to get ACA integrated into their process so we can have input in any future reports on the profession. Nancy Schroeder of NAII is also involved with the WCRI, and is also encouraging them to engage the ACA in future discussions. She is a strong advocate of improved relations between the two professions, and was responsible for putting together the panel on chiropractic and insurance that was held recently at the NAII legislative conference.
6. PENNSYLVANIA CHIROPRACTIC ASSOCIATION STEPS UP FOR NCLAF
At the COCSA meeting I was given an opportunity to provide state association executives an update on our legislative program and a status report on the lawsuits. Following my presentation, Dr. David Madeira, president of the Pennsylvania Chiropractic Association (PCA), and Gene Veno, executive director of the PCA, presented a check for $25,000 to the National Chiropractic Legal Action Fund. This check brings PCA’s total contribution to $47,500.
Other organizations that contributed to the NCLAF last week include:
Arkansas Chiropractic Society: $500, bringing total to $2,850
Florida Chiropractic Association: $1,250, bringing total to $25,000
South Central District of Kansas Chiropractic Association: $1,000, bringing total to $11,000
7. ERISA OFFICIAL VISITS ACA OFFICE, CONDUCTS CONFERENCE CALL WITH NACA
Here is a scary statistic: 80% of the non-government covered lives in health care are governed by the ERISA statutes. The good news is that recent U.S. Supreme Court decisions, and the implementation of new regulations by the U.S. Department of Labor, have begun to dent the stranglehold that ERISA plans have on health care providers and have given us the tools to fight them. As you may know, the ACA Board of Governors directed the establishment of a task force to review the decisions to see how they can be turned to help our doctors. The task force includes representatives from ACA’s departments of Professional Development/Research and Government Relations, as well as ACA’s legal counsel office, with input from Drs. John Gentile and Steve Conway. As part of the ongoing effort, ACA invited Karen Handorf, Deputy Associate Solicitor for the Plan Benefits Security Division of the U.S. Department of Labor, to ACA headquarters. As Deputy Associate Solicitor, she is responsible for and participates in all of the legal and administrative functions of the Plan Benefits Security Division, which provides litigation and advisory legal services under ERISA. While at the ACA office, Handorf participated in a conference call with ACA staff, National Association of Chiropractic Attorneys (NACA) reps, and state associations regarding ERISA laws. She outlined the purpose of ERISA, discussed the 2002 and 2003 Supreme Court and Appeals Court rulings, as well as the ERISA regulatory changes. She covered the appeal process, including arbitration and mediation and the penalties to companies that fail to comply. The Kentucky decision and subsequent court decisions appear to be communicating the court's intention to return the powers to the state. It was an outstanding conference. We have invited Handorf to return to ACA to address the attendees at NCLC 2004.
Look to ACA Today and this report for further information and material specifically prepared for ACA members that will help them deal with ERISA issues.
8. ACA ON THE ROAD
Two weeks ago, Dr. Glenn Manceaux, president of ACA’s Council of Delegates, traveled to Cleveland College of Chiropractic-Kansas City to speak the students. The student raved about Dr. Manceaux’s visit.
Last week, ACA national spokesperson Dr. Jerome McAndrews and Dr. Michael Taylor, ACA’s delegate to Oklahoma, spoke at the Oklahoma Chiropractic Association annual convention. They showed the “Simple Justice” video (narrated by Dr. Carl S. Cleveland, III) and discussed the status of ACA’s lawsuits. Dr. McAndrews and Dr. Taylor signed up a number of doctors as monthly contributors to the National Chiropractic Legal Action Fund.
This past weekend, Dr. Daryl Wills, ACA’s immediate past president, spoke at the convention of the Ohio State Chiropractic Association, updating the attendees on ACA activities as well as the ACA lawsuits.
9. SPECIAL PILLOW OFFER FOR ACA MEMBERS ONLY
Innovative Choices, manufacturer of the ACA-endorsed Therapeutica pillow, recently hosted ACA president Donald Krippendorf, DC, and Caroline Fuchs, ACA vice president of member services and business development, at their Toronto manufacturing facility. >From the efficient manufacturing process to the innovative products currently under development, this trip confirmed the quality that goes into every product the company makes. If you refer patients to sleep products, you should personally evaluate the Therapeutica pillow. To make it easy for members who have never tested the pillow, Innovative Choices offers a free sample pillow. To request one, call 1-800-348-5729. This offer is only available to ACA members.
10. 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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