July 2005

Michigan chiropractors defend right to practice

Michigan chiropractors, fortified by a May court victory, are poised to wage a battle against insurance companies that refuse to pay claims, based on decisions made by out-of-state independent medical examiners.

In May 2005, the 22nd judicial circuit court of Michigan found for Jim Duncan, DC. Duncan had filed a lawsuit against Midwest Security, under Michigan law dictating that only chiropractors with a valid Michigan license can provide chiropractic services or expert opinions. This Patient Protection Bill was passed in December 2002.

According to the Michigan Chiropractic Association (MCA), claims Duncan had filed with the insurance company were denied, based on opinions expressed by examiners in Wisconsin. The judge presiding over the case ruled in favor of Duncan and the Michigan Chiropractic Legal Action Consortium (MCLAC). He reasoned that it is illegal for an insurance company to utilize out-of-state chiropractors who do not have a valid Michigan chiropractic license, to give opinions or recommendations regarding chiropractic care in Michigan.

MCA is preparing to battle managed care organizations on behalf of chiropractors in the state. A press release stated, “The Duncan ruling will pave the road for further MCA legal action against other organizations that want to use out-of-state chiropractors to restrict the practice of chiropractic in Michigan — particularly ACN [American Chiropractic Network].

“ACN operates under the state rules of Minnesota, where they are based, and expect all providers to do the same. … If DCs don’t follow [ACN’s] recommendations for practice, they risk being labeled an ‘outlier’ and being kicked out of the network.”

MCA is currently collecting information from doctors about denied insurance claims and restricted methods of clinical chiropractic.

Sources: Michigan Chiropractic Association, www.michiganchiropractic.org/

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