April 2003

Chiropractic Coalition, ACA at odds concerning SOS

Leaders from the American Chiropractic Association (ACA) have challenged statements made by the founding members of the Chiropractic Coalition in its announcement to put the energy and the financial support of their organizations into lobbying efforts to protect chiropractic turf rather than to support the ACA lawsuits.

Coalition leader Dr. Terry Rondberg, president of the World Chiropractic Alliance (WCA), stated in a press release, “The leaders of [the WCA, Federation of Straight Chiropractors and Organizations (FSCO), and the International Chiropractors Association (ICA)] have determined that the ACA’s approach may be far more expensive and uncertain than lobbying for a law that will clearly give doctors of chiropractic the exclusive domain over subluxation correction.” Rondberg had previously personally supported the ACA’s lawsuit by contributing more than $10,000 to the ACA’s National Chiropractic Legal Action Fund (NCLAF).

In its press release, the Coalition alleged “years have gone by with little or no progress on the lawsuit …”

The ACA responded to this statement pointing out in a press release several points of progress in the lawsuit:

• The issuance of an Office of Inspector General survey and study, first mandated by Congress in 1992, was not provided until ACA initiated the lawsuit in 1999. The study showed the virtual elimination of the chiropractic benefit in managed-care organizations contracting with Medicare. The government released this data 61 days after the ACA file suit.

• The determination by the federal court is that the ACA does have standing to sue on behalf of its members to enforce those members’ interests in preserving the chiropractic benefit under the Medicare program.

• The complete reversal of the prior Medicare policy that permitted physical therapists to provide the chiropractic benefit to Medicare patients and the issuance of a new policy that states, among other things, that managed-care organizations may not utilize physical therapists to provide manual manipulation of the spine to correct a subluxation.

Dr. D.D. Humber, president of the ICA, paraphrased a member of Senate Finance Committee, saying ‘Congress, not the courts, makes national healthcare policy. If you want to make a permanent change, make it in the statutes.”

ACA’s lead counsel George McAndrews responded to Humber’s comments, “Creating new laws sounds simple, but it’s how the courts interpret them that matters. Laws are naked on the books until the courts enforce them. Had the ACA not filed suit when it did, there is no question that in time most subluxation care under Medicare would be delivered by physical therapists and medical providers.”

Rondberg said that the Coalition decision was not an attack on the ACA or an attempt to cause further conflict between the ACA and the other organizations. NCLAF chairperson Dr. J. Michael Flynn reacted to Rondberg’s comment, stating, “Based on their public declarations of support, the ACA calls on both the ICA and WCA to immediately recant the regrettable statements of their representatives and re-affirm their support for this extremely important legal action.”

ACA chairperson Dr. James Edwards added, “For the first time since the Wilk case, this profession has been united and has gone to battle united against the federal government. Every major national organization, 9,000 individual doctors, more than 40 state chiropractic associations and 66 district chiropractic associations have endorsed this historic and essential effort with their checkbooks.”

Sources: WCA News, www.wcanews.com; American Chiropractic Association, www.americhiro.org or 800-986-4636.

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