November 2004

Supreme Court rejects Trigon appeal;
ACA vows to continue legal vigilance

The U.S. Supreme Court has ruled against considering the Trigon lawsuit. The American Chiropractic Association (ACA), along with the Virginia Chiropractic Association (VCA) had asked the high court to consider whether health insurers violate antitrust laws when they collaborate with doctors to adopt reimbursement policies that take business away from chiropractors.

The court’s decision ends the ACA’s multi-million dollar pursuit for equity in fee-reimbursement practices from insurers.

In a press release, ACA President Donald Krippendorf, DC, said, “The Trigon lawsuit may be over, but that is hardly the end of the story. We’re sending a loud and clear signal to the insurance industry that when it comes to abusive practices that discriminate against chiropractic, the battle is just beginning. Insurance organizations must understand that there will be a price to pay if they don’t reform their ways.”

ACA officials said that they are disappointed in the Supreme Court’s decision but the association is exploring the impact of the RICO (Racketeer Influenced and Corrupt Organizations Act) ruling contained in the court of appeals’ decision.

The lower court in the Trigon case ruled that other provisions of federal law preempted the claim of the ACA and the Virginia Chiropractic Association (co-plaintiff in the Trigon case). The appeals courts, however, disagreed and held that the RICO claim was not preempted but nevertheless dismissed. According to the ACA, this ruling, along with a recent ruling by the 11th Circuit Court of Appeals that upheld a RICO class action certification of healthcare providers, “adds a new potential weapon for the ACA’s continued legal action campaign.”

Krippendorf thanked the supporters and contributors who helped fight the legal battles. “Not since the Wilk suit has the chiropractic profession been so united behind one cause. More than 45 state and local chiropractic organizations … petitioned the Supreme Court to hear our case. … The issues that originally caused us to file the litigation continue to exist and they must be addressed.”

Sources: U.S. Supreme Court, www.supremecourtus.gov (American Chiropractic Association v. Trigon Healthcare, 04-312); Associated Press; American Chiropractic Association, www.amerchiro.org.

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