tag:typepad.com,2003:weblog-1250480 %ISSUE_DATE%T09:25:32-07:00 News and information about the legal system and its impact on the professional. TypePad tag:mpamedia.com,2008:post-55687 2012-01-01T12:00:32-07:00 2012-01-01T12:00:07-07:00

In 1933, Texas Attorney General Dan Moody met with the Texas Medical Association (TMA) at a convention in Fort Worth and promised in an address that he would "run all the chiropractors in Texas into the Gulf of Mexico." Even though he was unsuccessful, it's déjà vu all over again because the TMA is now attempting to strip diagnosis from Texas doctors of chiropractic and in effect, accomplish what Moody could not: run us all into the Gulf of Mexico.

By James Edwards, DC In 1933, Texas Attorney General Dan Moody met with the Texas Medical Association (TMA) at a convention in Fort Worth and promised in an address that he would "run all the chiropractors in Texas into the Gulf of Mexico." Even though he was unsuccessful, it's déjà vu all over again because the TMA is now attempting to strip diagnosis from Texas doctors of chiropractic and in effect, accomplish what Moody could not: run us all into the Gulf of Mexico. tag:mpamedia.com,2008:post-55584 2011-10-21T12:00:32-07:00 2011-10-21T12:00:07-07:00

In a speech delivered at a University of Bridgeport presidential inauguration, the speaker, an academic of stellar worldwide repute, talked about what differentiates an entrepreneur from a professional. He said entrepreneurs work years to acquire money. Often they will go bankrupt and then reacquire great wealth. It is almost a parable that a wealthy person who goes bankrupt often becomes wealthy again, because their knowledge of wealth-building is still intact.

By Stephen M. Perle, DC, MS In a speech delivered at a University of Bridgeport presidential inauguration, the speaker, an academic of stellar worldwide repute, talked about what differentiates an entrepreneur from a professional. He said entrepreneurs work years to acquire money. Often they will go bankrupt and then reacquire great wealth. It is almost a parable that a wealthy person who goes bankrupt often becomes wealthy again, because their knowledge of wealth-building is still intact. tag:mpamedia.com,2008:post-55519 2011-09-09T12:00:32-07:00 2011-09-09T12:00:07-07:00

Hartford, Conn.-headquartered Aetna, whose open-access HMO in Connecticut operates as Aetna Health, Inc., made a big mistake - whether accidental or intentional is subject to great speculation - when it partnered with American Specialty Health Networks and began providing chiropractic to plan members: It ignored Connecticut law, which requires that any and all services provided by a medical doctor and eligible for reimbursement be equally reimbursed when provided by a doctor of chiropractic pursuant to their scope of practice.

By Editorial Staff Hartford, Conn.-headquartered Aetna, whose open-access HMO in Connecticut operates as Aetna Health, Inc., made a big mistake - whether accidental or intentional is subject to great speculation - when it partnered with American Specialty Health Networks and began providing chiropractic to plan members: It ignored Connecticut law, which requires that any and all services provided by a medical doctor and eligible for reimbursement be equally reimbursed when provided by a doctor of chiropractic pursuant to their scope of practice. tag:mpamedia.com,2008:post-55458 2011-07-29T12:00:32-07:00 2011-07-29T12:00:07-07:00

The patient is a 55-year-old right-handed female with a history of concussion and neck injury, sustained in a motor-vehicle accident when her stopped car was rear-ended by a two-door passenger vehicle. The offending vehicle was not drivable and required towing. The patient may have suffered a brief loss of consciousness following the collision, as she became disoriented to her surroundings.

By Nancy Martin-Molina, DC, QME, MBA The patient is a 55-year-old right-handed female with a history of concussion and neck injury, sustained in a motor-vehicle accident when her stopped car was rear-ended by a two-door passenger vehicle. The offending vehicle was not drivable and required towing. The patient may have suffered a brief loss of consciousness following the collision, as she became disoriented to her surroundings. tag:mpamedia.com,2008:post-55453 2011-07-29T12:00:32-07:00 2011-07-29T12:00:07-07:00

My articles tend to be related directly to decompression science and clinical methodologies, but this article addresses what is soon to be a major shakeup for many traction/decompression clinics. Those utilizing the ubiquitous exposed "scissor/hinged"-type lift mechanisms (especially with a floor control switch) may be subject to an FDA reconfiguration/modification (or open recall) of the equipment.

By Jay Kennedy, DC My articles tend to be related directly to decompression science and clinical methodologies, but this article addresses what is soon to be a major shakeup for many traction/decompression clinics. Those utilizing the ubiquitous exposed "scissor/hinged"-type lift mechanisms (especially with a floor control switch) may be subject to an FDA reconfiguration/modification (or open recall) of the equipment. tag:mpamedia.com,2008:post-55423 2011-07-01T12:00:32-07:00 2011-07-01T12:00:07-07:00

Over the past few years, I have seen more and more ads for "miracle" health care tools. Catalogs come in the mail with all sorts of elixirs, poultices, tablets, wraps, braces, supports and jewelry that are guaranteed to bring happiness, health and prosperity. Now, charlatans were around long before P.T. Barnum, but they still have an appeal to the general public. As health care providers, it is our obligation to provide valid care and informed advice to our patients.

By Douglas R. Briggs, DC, Dipl. Ac. (IAMA), DAAPM Over the past few years, I have seen more and more ads for "miracle" health care tools. Catalogs come in the mail with all sorts of elixirs, poultices, tablets, wraps, braces, supports and jewelry that are guaranteed to bring happiness, health and prosperity. Now, charlatans were around long before P.T. Barnum, but they still have an appeal to the general public. As health care providers, it is our obligation to provide valid care and informed advice to our patients. tag:mpamedia.com,2008:post-55396 2011-06-17T12:00:32-07:00 2011-06-17T12:00:07-07:00

The National Board of Chiropractic Examiners has revised its Ethics and Boundaries post-licensure examination, with the major change being a shift from multiple-choice to computer-based essay format. The exam features five essay scenarios designed to assess examinees' understanding of the boundary or ethical issue.

By Editorial Staff The National Board of Chiropractic Examiners has revised its Ethics and Boundaries post-licensure examination, with the major change being a shift from multiple-choice to computer-based essay format. The exam features five essay scenarios designed to assess examinees' understanding of the boundary or ethical issue. tag:mpamedia.com,2008:post-55385 2011-06-17T12:00:32-07:00 2011-06-17T12:00:07-07:00

In my experience, one of the primary reasons for the sometimes poor outcomes of our patients in their legal struggle for reasonable compensation following a motor-vehicle crash is the difficulty we have in effectively communicating to juries the nature and long-term effect of the trauma patients have sustained.

By John R. Bomar, DC In my experience, one of the primary reasons for the sometimes poor outcomes of our patients in their legal struggle for reasonable compensation following a motor-vehicle crash is the difficulty we have in effectively communicating to juries the nature and long-term effect of the trauma patients have sustained. tag:mpamedia.com,2008:post-55379 2011-06-03T12:00:32-07:00 2011-06-03T12:00:07-07:00

ACA Joins Class Action Against UnitedHealth; N.J. DC Named Sports Chiropractor of the Year; The Vitality Depot Donating Portion of Proceeds to TCA; Celebrating National Public Health Week, Chiropractic Style; Georgia DC Adds to His Résumé: Supporting Role in Upcoming Motion Picture.

By Editorial Staff ACA Joins Class Action Against UnitedHealth; N.J. DC Named Sports Chiropractor of the Year; The Vitality Depot Donating Portion of Proceeds to TCA; Celebrating National Public Health Week, Chiropractic Style; Georgia DC Adds to His Résumé: Supporting Role in Upcoming Motion Picture. tag:mpamedia.com,2008:post-55306 2011-04-22T12:00:32-07:00 2011-04-22T12:00:07-07:00

The American Chiropractic Association's (ACA) Board of Governors has voted to join an existing class-action lawsuit against UnitedHealthcare (United) initiated by the Ohio State Chiropractic Association, the Congress of Chiropractic State Associations and others. ACA's involvement will expand the litigation to include problems with United's claims review, tiering and payment policies.

The American Chiropractic Association's (ACA) Board of Governors has voted to join an existing class-action lawsuit against UnitedHealthcare (United) initiated by the Ohio State Chiropractic Association, the Congress of Chiropractic State Associations and others. ACA's involvement will expand the litigation to include problems with United's claims review, tiering and payment policies. tag:mpamedia.com,2008:post-55273 2011-05-20T12:00:32-07:00 2011-05-20T12:00:07-07:00

During the month of March, a number of doctors received letters from the United States Secret Service stating that "the U.S. Secret Service is conducting a Federal Investigation into Maurice 'Mo' Pisciottano and all related businesses." The letters follow on the heels of Dr. Pisciottano's bankruptcy filings in November 2010 and recent bankruptcy hearings.

By Editorial Staff During the month of March, a number of doctors received letters from the United States Secret Service stating that "the U.S. Secret Service is conducting a Federal Investigation into Maurice 'Mo' Pisciottano and all related businesses." The letters follow on the heels of Dr. Pisciottano's bankruptcy filings in November 2010 and recent bankruptcy hearings. tag:mpamedia.com,2008:post-55228 2011-03-26T12:00:32-07:00 2011-03-26T12:00:07-07:00

When I started at University of Bridgeport College of Chiropractic 19 years ago, I did locum tenens (coverage) during university vacations. These experiences were, to say the least, interesting. In some ways they were terrifying experiences because often the documentation was so utterly horrid or totally illegible that I had little idea what was going on with the patients beyond their names - and sometimes I couldn't even make those out.

By Stephen M. Perle, DC, MS When I started at University of Bridgeport College of Chiropractic 19 years ago, I did locum tenens (coverage) during university vacations. These experiences were, to say the least, interesting. In some ways they were terrifying experiences because often the documentation was so utterly horrid or totally illegible that I had little idea what was going on with the patients beyond their names - and sometimes I couldn't even make those out. tag:mpamedia.com,2008:post-55208 2011-03-16T12:00:32-07:00 2011-03-16T12:00:07-07:00

Two chiropractors and a patient, backed by the Arizona Chiropractic Society (ACS), filed a lawsuit on March 14 against the Arizona Department of Insurance (ADOI), alleging failure to enforce the chiropractic insurance equality law, ARS 20-461(A)17 and ARS 20-461(B). This law requires insurers to give patients the option to use their health insurance to see a medical, osteopathic or chiropractic doctor for treatment of common neck and back problems and pay the same co-pays and deductibles with the same overall limitations on treatment.

Two chiropractors and a patient, backed by the Arizona Chiropractic Society (ACS), filed a lawsuit on March 14 against the Arizona Department of Insurance (ADOI), alleging failure to enforce the chiropractic insurance equality law, ARS 20-461(A)17 and ARS 20-461(B). This law requires insurers to give patients the option to use their health insurance to see a medical, osteopathic or chiropractic doctor for treatment of common neck and back problems and pay the same co-pays and deductibles with the same overall limitations on treatment. tag:mpamedia.com,2008:post-55174 2011-02-11T12:00:32-07:00 2011-02-11T12:00:07-07:00

On Feb. 8, 2011, the board of the Congress of Chiropractic State Associations (COCSA) voted to join a national ERISA class action on behalf of its state association members against UnitedHealth Group to challenge overpayment recoupment abuses. The action was originally filed on Jan. 24, 2011 by Pomerantz Haudek Grossman and Gross LLP, one of the nation's preeminent class- action law firms and a leader in combating the abuses of the health insurance industry, on behalf of a group of chiropractors and the Ohio State Chiropractic Association (OSCA).

On Feb. 8, 2011, the board of the Congress of Chiropractic State Associations (COCSA) voted to join a national ERISA class action on behalf of its state association members against UnitedHealth Group to challenge overpayment recoupment abuses. The action was originally filed on Jan. 24, 2011 by Pomerantz Haudek Grossman and Gross LLP, one of the nation's preeminent class- action law firms and a leader in combating the abuses of the health insurance industry, on behalf of a group of chiropractors and the Ohio State Chiropractic Association (OSCA). tag:mpamedia.com,2008:post-55173 2011-02-10T12:00:32-07:00 2011-02-10T12:00:07-07:00

The American Chiropractic Association (ACA) today announced that following an investigation of the activities of Humana Health Plan, Inc. (Humana), the Kentucky Department of Insurance identified numerous deficiencies and violations in the insurer's business practices. As a result, Humana was fined $100,000 and is required by the order to take corrective action.

The American Chiropractic Association (ACA) today announced that following an investigation of the activities of Humana Health Plan, Inc. (Humana), the Kentucky Department of Insurance identified numerous deficiencies and violations in the insurer's business practices. As a result, Humana was fined $100,000 and is required by the order to take corrective action. tag:mpamedia.com,2008:post-55162 2011-02-12T12:00:32-07:00 2011-02-12T12:00:07-07:00

Another practice that has not received much scrutiny is spinal surgery. Who needs it? How effective is it? Which is the best procedure for disc herniation versus spondylolisthesis; versus severe spondylosis; versus spinal stenosis; versus AS; and so on? Should plates and screws be used? Are PEEK cages better than tricortical plugs or titanium cages? The state of this literature is surprisingly uncertain about nearly all of these questions. Even more important are questions of relative safety, and how surgery compares with non-surgical approaches.

By Arthur Croft, DC, MS, MPH, FACO Another practice that has not received much scrutiny is spinal surgery. Who needs it? How effective is it? Which is the best procedure for disc herniation versus spondylolisthesis; versus severe spondylosis; versus spinal stenosis; versus AS; and so on? Should plates and screws be used? Are PEEK cages better than tricortical plugs or titanium cages? The state of this literature is surprisingly uncertain about nearly all of these questions. Even more important are questions of relative safety, and how surgery compares with non-surgical approaches. tag:mpamedia.com,2008:post-55132 2011-01-29T12:00:32-07:00 2011-01-29T12:00:07-07:00

Had Harvey Lillard been a factory worker, D.D. Palmer may have inquired not only about his upper spinal injury, but also the noise exposure Lillard had to endure as a component of his work activity. This aspect of his history gathering would be reasonable in any modern clinical encounter, since premature hearing loss has long been an established outcome from prolonged noise exposure in the workplace. In addition, had such dangers existed at that time, conscientious Palmer may have also inquired as to how much Lillard's work activities exposed him to the popular industrial solvent toluene.

By Joseph J. Sweere, DC, DABCO, DACBOH, FICC Had Harvey Lillard been a factory worker, D.D. Palmer may have inquired not only about his upper spinal injury, but also the noise exposure Lillard had to endure as a component of his work activity. This aspect of his history gathering would be reasonable in any modern clinical encounter, since premature hearing loss has long been an established outcome from prolonged noise exposure in the workplace. In addition, had such dangers existed at that time, conscientious Palmer may have also inquired as to how much Lillard's work activities exposed him to the popular industrial solvent toluene. tag:mpamedia.com,2008:post-55097 T12:00:32-07:00 T12:00:07-07:00

Pro-Solutions, Pisciottanos File Bankruptcy; Palmer College President Retires.

Pro-Solutions, Pisciottanos File Bankruptcy; Palmer College President Retires. tag:mpamedia.com,2008:post-55075 2011-01-29T12:00:32-07:00 2011-01-29T12:00:07-07:00

Over the past few months, a number of doctors have complained that they have ordered and paid for ProAdjuster "Classic" and "Vision" models, but have never received them. The latest bankruptcy documents relative to Pro-Solutions and Dr. Maurice Pisciottano, filed on Dec. 10, 2010, reveal that the actual number of doctors who paid for but never received their ProAdjuster unit is 179. According to the detailed December filing, these doctors are owed a total of $2,141,217.30. This is in addition to the $2,748,134.50 owed to 93 vendors.

By Editorial Staff Over the past few months, a number of doctors have complained that they have ordered and paid for ProAdjuster "Classic" and "Vision" models, but have never received them. The latest bankruptcy documents relative to Pro-Solutions and Dr. Maurice Pisciottano, filed on Dec. 10, 2010, reveal that the actual number of doctors who paid for but never received their ProAdjuster unit is 179. According to the detailed December filing, these doctors are owed a total of $2,141,217.30. This is in addition to the $2,748,134.50 owed to 93 vendors. tag:mpamedia.com,2008:post-55015 2010-12-16T12:00:32-07:00 2010-12-16T12:00:07-07:00

On Nov. 4, 2010, Pro-Solutions for Chiropractic, Inc., Dr. Maurice A. Pisciottano and his wife, Laurel K. Pisciottano, filed voluntary petitions for Chapter 7 bankruptcy with the United States Bankruptcy Court, Western District of Pennsylvania. At the same time, calls to Pro-Solutions' office (724-731-0600) were greeted with a recorded message stating, "We are no longer doing business."

By Editorial Staff On Nov. 4, 2010, Pro-Solutions for Chiropractic, Inc., Dr. Maurice A. Pisciottano and his wife, Laurel K. Pisciottano, filed voluntary petitions for Chapter 7 bankruptcy with the United States Bankruptcy Court, Western District of Pennsylvania. At the same time, calls to Pro-Solutions' office (724-731-0600) were greeted with a recorded message stating, "We are no longer doing business." tag:mpamedia.com,2008:post-54986 2010-11-04T12:00:32-07:00 2010-11-04T12:00:07-07:00

When someone is injured in a motor vehicle collision and takes their case before a jury, they often find themselves face to face with a rather challenging dilemma. There is a fairly substantial general bias in America concerning injuries that are not obvious, especially when the claimant has hired a lawyer. The magnitude of this bias is reflected in several surveys of the general public. Two areas in particular are frequently misunderstood by most laypersons (and even by many in the health care fields): mild traumatic brain injuries (MTBI) and the long-term residual clinical effects that sometimes result, and whiplash injuries.

By Arthur Croft, DC, MS, MPH, FACO When someone is injured in a motor vehicle collision and takes their case before a jury, they often find themselves face to face with a rather challenging dilemma. There is a fairly substantial general bias in America concerning injuries that are not obvious, especially when the claimant has hired a lawyer. The magnitude of this bias is reflected in several surveys of the general public. Two areas in particular are frequently misunderstood by most laypersons (and even by many in the health care fields): mild traumatic brain injuries (MTBI) and the long-term residual clinical effects that sometimes result, and whiplash injuries. tag:mpamedia.com,2008:post-54918 2010-10-21T12:00:32-07:00 2010-10-21T12:00:07-07:00

Put yourself in the position of a practicing doctor of chiropractic in Texas right about now (if you are one, this is easy). With the Texas Medical Board and Texas Medical Association breathing down your neck, threatening to take away your right to diagnose (or even use the word diagnosis in your scope-of-practice act, claiming that by medical definition, the word is reserved for medical doctors and doctors of osteopathy), a Texas judge has ruled in your favor - depending on your perspective. While Judge Stephen Yelenosky rejected the TMB/TMA reasoning that diagnosis does not apply to non-MD/DO providers, he did render the chiropractic scope-of-practice act null and void as currently written. By all accounts, any rewrite will need to update the current language in the act, which does not include the word diagnosis (but according to the Texas Chiropractic Association and others, clearly implies it by stating that DCs can "analyze, examine and evaluate"). It is unclear whether the revised scope will need to satisfy Judge Yelenosky's prior suggestion that chiropractic diagnosis should be limited to "the biomechanical condition of the spine and the musculoskeletal system."

By Editorial Staff Put yourself in the position of a practicing doctor of chiropractic in Texas right about now (if you are one, this is easy). With the Texas Medical Board and Texas Medical Association breathing down your neck, threatening to take away your right to diagnose (or even use the word diagnosis in your scope-of-practice act, claiming that by medical definition, the word is reserved for medical doctors and doctors of osteopathy), a Texas judge has ruled in your favor - depending on your perspective. While Judge Stephen Yelenosky rejected the TMB/TMA reasoning that diagnosis does not apply to non-MD/DO providers, he did render the chiropractic scope-of-practice act null and void as currently written. By all accounts, any rewrite will need to update the current language in the act, which does not include the word diagnosis (but according to the Texas Chiropractic Association and others, clearly implies it by stating that DCs can "analyze, examine and evaluate"). It is unclear whether the revised scope will need to satisfy Judge Yelenosky's prior suggestion that chiropractic diagnosis should be limited to "the biomechanical condition of the spine and the musculoskeletal system." tag:mpamedia.com,2008:post-54863 2010-09-23T12:00:32-07:00 2010-09-23T12:00:07-07:00

With their ability to perform needle electromyography and manipulation under anesthesia already in severe jeopardy courtesy of a November 2009 summary judgment by Judge Stephen Yelenosky, the 4,800-plus practicing chiropractors in Texas now face an even more ominous threat to their scope of practice - the right to diagnose - that could set a dangerous precedent for the profession nationwide.

By Peter W. Crownfield, Executive Editor With their ability to perform needle electromyography and manipulation under anesthesia already in severe jeopardy courtesy of a November 2009 summary judgment by Judge Stephen Yelenosky, the 4,800-plus practicing chiropractors in Texas now face an even more ominous threat to their scope of practice - the right to diagnose - that could set a dangerous precedent for the profession nationwide. tag:mpamedia.com,2008:post-54807 2010-07-23T12:00:32-07:00 2010-07-23T12:00:07-07:00

The National Association of Chiropractic Attorneys (NACA) today announced that it has issued a proclamation recognizing "the historic and profoundly positive legal ramifications for the chiropractic profession and the patient community it serves in Section 2706, 'Non-Discrimination in Health Care,' recently enacted as part of the federal 'Patient Protection and Affordable Care Act.'"

The National Association of Chiropractic Attorneys (NACA) today announced that it has issued a proclamation recognizing "the historic and profoundly positive legal ramifications for the chiropractic profession and the patient community it serves in Section 2706, 'Non-Discrimination in Health Care,' recently enacted as part of the federal 'Patient Protection and Affordable Care Act.'" tag:mpamedia.com,2008:post-54792 2010-07-29T12:00:32-07:00 2010-07-29T12:00:07-07:00

Radiation exposure from medical imaging has become a concern with the dramatic increase in scanning (particularly CT scanning) over the past several decades. In 1980, 3 million CT scans were performed in the U.S.; this has increased to more than 62 million CT scans per year, 4 million of which are performed on children. It is estimated that one-third of these scans may not be medically necessary. For example, some emergency departments have drastically increased the use of CT scans for the examination of patients with abdominal pain or headaches.

By Deborah Pate, DC, DACBR Radiation exposure from medical imaging has become a concern with the dramatic increase in scanning (particularly CT scanning) over the past several decades. In 1980, 3 million CT scans were performed in the U.S.; this has increased to more than 62 million CT scans per year, 4 million of which are performed on children. It is estimated that one-third of these scans may not be medically necessary. For example, some emergency departments have drastically increased the use of CT scans for the examination of patients with abdominal pain or headaches.