Orange County Chiropractic District

ACA Weekly Report - 01/12/04

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Memorandum

To: ACA Members, House of Delegates, Board of Governors and Other Interested Parties
From: Garrett Cuneo
Re: ACA EVP Weekly Report
Date: January 12, 2004

This week's report includes the following items:

1. GENERAL WESLEY CLARK IS LATEST PRESIDENTIAL CANDIDATE TO ENDORSE CHIROPRACTIC: IOWA CAUCUSES AND NEW HAMPSHIRE PRIMARY AROUND THE CORNER 
2. ACA STAFF IN IOWA 
3. ERISA EXPERT AT NCLC 
4. A MESSAGE FROM COCSA: COCSA TO HOST STATE ROUND TABLE AT NCLC
5. CAC REPRESENTATIVES AT NCLC 
6. CIGNA AND ITS UTILIZATION REVIEW VENDOR FOUND GUILTY 
7. NEW HAMPSHIRE DELEGATE (Special Election) 
8. MEMBERSHIP CAMPAIGN PLANNED FOR END OF MONTH 

1. GENERAL WESLEY CLARK IS LATEST PRESIDENTIAL CANDIDATE TO ENDORSE CHIROPRACTIC; IOWA CAUCUSES AND NEW HAMPSHIRE PRIMARY AROUND THE CORNER

The first presidential nominating event – the Iowa Presidential Precinct Caucuses -- is set for January 19th. Iowa will be center of attention by the media and politicos as the aspirations of many of the Democratic candidates could be determined by the outcome. If not in Iowa, then certainly after the January 27th New Hampshire primary. If not then, then surely after the seven primaries including South Carolina which are scheduled for February 3rd. I think it’s very possible that the field of democratic candidates will narrow greatly by the second week of February. Incredible. 

Although it’s good not to have a horse in this race, I am glad the ACA made it a priority to pin the candidates down on the issues that matter most to the profession. Since the field first began to take shape last year, the ACA -- working with the Iowa Chiropractic Society (ICS) and a network of politically active DCs around the country – began urging each candidate to issue a written policy statement on chiropractic care. The ACA has now received statements from all six leading Democratic contenders, including retired U.S. Army General Wesley Clark whose just-released statement notably endorses chiropractic care for America’s military. General Clark now joins Senator Joseph Lieberman, Senator John Kerry, Congressman Dick Gephardt and Senator John Edwards in responding to the ACA’s Presidential candidate outreach. Even Howard Dean, an MD whose record as governor of Vermont has provoked great concern from within t! he ACA and from DCs across New England is actively seeking the pro-chiropractic vote and offered a policy statement to the ACA. In addition to the ICS, special thanks are due to Dr. Dan Redwood of Virginia, a coordinator for General Clark’s campaign, Dr. Keith Overland of Connecticut, a health care advisor to Senator Joe Lieberman’s campaign, and ACA Iowa Delegate Dr. F. Dow Bates for making the most of their contacts with the candidates on behalf of the profession.

Very simply, the candidate statements provide recognition not only of our issues but our political clout at the highest level of national politics. Please take a moment to review each one now posted on the ACA website: 
http://www.acatoday.com/government/other/candidates_endorse.shtml

- General Wesley Clark
- Senator Joseph Lieberman
- Senator John Kerry
- Congressman Dick Gephardt
- Governor Howard Dean
- Senator John Edwards

2. ACA STAFF IN IOWA

To further maximize the influence of the profession in the early stages of the nominating process, ACA recently mailed copies of all six candidate statements to every doctor of chiropractic and chiropractic student in Iowa and New Hampshire. We’re encouraging them to get involved and to cast their vote in support of chiropractic. Also, we’ve dispatched two ACA staffers – PAC Manager Kim Krocker and Membership Coordinator Jaime Mulligan, to meet with students at Palmer Chiropractic College and promote awareness of our key national issues. Jon Hymes, ACA VP for Government Relations will also be in Iowa for the caucuses as a guest of Senator Tom Harkin, one of the profession’s true friends on Capitol Hill.

3. ERISA EXPERT AT NCLC

Did you know that ERISA now permits you to obtain the identity and credentials of the reviewer who denied your claim? It also allows you to obtain the criteria used to deny claims, and allows you to have an independent party review the denied claims. You can now turn the tables in ERISA plans to require that they demonstrate why a claim was denied rather than you trying to justify the claims yourself. A complete shift in the burden of proof. On Friday of NCLC/HOD week, Karen Handorf, Deputy Associate Solicitor for the Plan Benefits Security Division of the U.S. Department of Labor, will be discussing these and other important procedures that have come into effect as a result of recent U.S. Supreme Court decision on ERISA, as well as regulations adopted by the Department of Labor. Ms Handorf is responsible for the coordination of ERISA rules in the Department.

4. A MESSAGE FROM COCSA: COCSA TO HOST STATE ROUND TABLE AT NCLC

The Congress of Chiropractic State Associations (COCSA) is pleased to be sponsoring a State Association Round Table on Saturday, March 6, immediately following ACA's National Chiropractic Legislative Conference (NCLC). COCSA appreciates the opportunity to provide this added bonus to the NCLC program for state association leaders. Past round table discussions have focused on spinal manipulation protection legislation, hospital relations, HIPAA regulations, and developing a plan for the future of the chiropractic profession. With so many hot topics coming to the forefront during the past twelve months---like PACE, the development of best practices, dwindling enrollment at chiropractic colleges, a proposed profession-wide public relations program, and the Work Comp crisis in states like California---this year's discussions should be lively and informative. Dr. Kevin Donovan, COCSA President, and Dr. Walt Engle, COCSA Treasurer, are once again ho! sting the State Association Round Table and are seeking input on topics. Anyone interested in leading a discussion or recommending a specific topic is encouraged to contact Janet Jordan in the COCSA office at cocsa@sc.rr.com

5. CAC REPRESENTATIVES AT NCLC

Here is the link to the agenda for the CAC meeting: http://www.acatoday.com/about/nclc2004/agenda.shtml

6. CIGNA AND ITS UTILIZATION REVIEW VENDOR FOUND GUILTY

Patricia Jackson, ACA’s vice president for professional development and research, noted that CIGNA and its utilization review vendor have been found guilty and were fined nearly one million dollars in Maine. This is a case of regulatory non-compliance committed by an insurance company and their business partner that performs utilization review. Insurers are totally responsible for the actions of any hired vendor or business partner. Late claim payments, if there is an established business pattern, is one way to get the Department of Insurance to open an investigation or market conduct exam against a payer, where other issues like medical review practices, benefit limitations and reimbursement can be explored simultaneously. ACA has two active investigations in progress with Departments of Insurance, one in New Jersey and one in Nevada involving the Blues plans. While they do not center on timely payments they do ! deal with fair treatment of the chiropractic profession. 

7. NEW HAMPSHIRE DELEGATE (Special Election)

One month ago we had a special ACA delegate/alternate delegate election in New Hampshire. Dr. Wesley Merritt was declared the winner, with Dr. Stephen Guild elected as Alternate Delegate. Dr. Merritt is the current president of the New Hampshire Chiropractic Association, and Dr. Guild is the current 1st vice president. We welcome Drs. Merritt and Guild to the leadership of the ACA.

Half of the ACA delegate offices in the country are up for reelection in January. However, it appears that there will only be a few contested races. In Georgia, there will be a race for delegate and for alternate delegate. In Wisconsin, there will be a race for alternate delegate. 

The ballots will be mailed to ACA voting members in Wisconsin and Georgia on January 15th. Ballots must be returned in the envelope provided by February 5, 2004 to our auditing firm, which will tabulate the ballots and inform the ACA of the results of the election by Monday, February 9. 

8. MEMBERSHIP CAMPAIGN PLANNED FOR END OF MONTH

The ACA will be conducting a nationwide campaign beginning at the end of the month to increase ACA membership. As a member, you appreciate the value of membership. Now we need to convince the non-members that all the reasons that may have existed not to join are no longer part of this organization. Here is a link to a membership application. I would appreciate your signing up at least one member: http://www.acatoday.com/join.shtml. If you simply took what we accomplished over the last four months, it would be the best argument that ACA dues is the best investment for the future of the profession. Here is a list: 

Michael Heaney, an op-ed writer with the Washington Times, acknowledged what we have known for years: That ACA is the only effective chiropractic organization on Capitol Hill. http://www.acatoday.com/government/
medicare/regulatory/aca_lobbying_efforts.shtml#2
.  In his ranking of the top 25 most effective health care lobbying organizations, Heaney ranked ACA among the top 25 (#19). ACA was even listed ahead of the U.S. Chamber of Commerce and the American Physical Therapy Association. Not listed at all were the American Osteopathic Association, the American Academy of Orthopedics, and a surprising number of other medical specialty health care groups. 

After completing his op-ed piece for the Washington Times, Heaney was interviewed by Chiropractic Economics. During his interview with Chiropractic Economics, Heaney reiterated his findings. As a result of Heaney’s interview, it is clear that neither ICA nor WCA is a force on Capitol Hill. http://www.chiroeco.com/news/aca_grassroots%20lobbying.html

Through the efforts of our grassroots supporters, lobbyists and Senator Chuck Grassley, we beat back the Office of Management and Budget, Senator Bill Frist and Congressman Bill Thomas -- some of the most powerful players in Washington, D.C. to achieve Medicare victory. http://www.acatoday.com/government/medicare/regulatory/backoff.shtml 

The insurance industry continues to reach out to the ACA. During the last three months, the National Association of Independent Insurers, composed of over 700 companies, sponsored our recent Claims Solutions Work Group meeting, scheduled a chiropractic program with their recent leadership conference, and is organizing telemarketing programs with their claims adjusters specifically on chiropractic issues. Insurance carriers who never understood chiropractic--or never wanted to--are now reaching out to the profession as never before, urging their claims adjustors to be educated as well. http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/
01-09-2004/0002086706&EDATE

We are now being contacted by the mass media before--and not after--a story appears. The recent WNBC situation in New York, in which the reporter examined the stroke issue, is a good example. Don't get me wrong--no story on chiropractic and stroke is positive. But we had a chance to exchange arguments with the reporter long before the segment aired, and the results were better than they could have been. Most importantly, we got advanced warning out to our members before the program aired, supplying them with critical ammunition to help answer the concerns of patients. Considering the report aired during "sweeps week," it is significant that the report wasn't rebroadcast to the degree that it could have been. Our response and backup information was both timely and informative. http://www.acatoday.com/media/record/wnbc-tv2.shtml. While many complain that we don't have a comprehensive public relations campaign, doctors should take another look. We do a good job with a small budget.

Through independent efforts of our doctors via the Internet, over $50,000 has been raised from over 200 doctor for Senator Grassley. This figure is at least twice as high as any amount ever raised for a single member of Congress by doctors of chiropractic.

Presidential candidate Howard Dean made a strong effort to appeal to the chiropractic profession. His initial position statement on chiropractic was stronger than the statement we received from Al Gore three years ago. And after a subsequent meeting with us, Dean submitted an even more positive statement. Make no mistake about it, Dean had an anti-chiropractic record as Governor of New Hampshire. Yet he recognized the potential power of this profession-- particularly in states like Iowa and New Hampshire--and took steps to rectify his stance. Other presidential candidates followed suit. Getting onto the radar screen at the Capitol and on the campaign trail is important to a successful legislative campaign. We are squarely on the radar screen. http://www.acatoday.com/pdf/deanstatement.pdf 

9.
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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