August 2005

Hearing in the HHS lawsuit scheduled for September

Oral arguments in the American Chiropractic Association’s (ACA) appeal in its lawsuit against Health and Human Services have been set for Sept. 14 at 9:30 a.m. ET before the U.S. Court of Appeals for the District of Columbia Circuit in Washington, D.C.

George McAndrews, Esq., will present oral arguments before a three-member panel.

This lawsuit against HHS concerns the issue of who may deliver and be reimbursed for the chiropractic benefit or “manual manipulation of the spine to correct a subluxation” under Medicare.

The ACA’s position is that it was Congress’ intent in 1972 (when this provision was passed) that only doctors of chiropractic could provide this service.

HHS, which originally held the position that physical therapists and others could perform the service, is now arguing that medical doctors and osteopathic doctors as well as chiropractic doctors can provide the service. A decision is anticipated 90 to 120 days after the appeals hearing.

Source: American Chiropractic Association, www.acatoday.com

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