June 2005

HHS files response in lawsuit

The American Chiropractic Association (ACA) lawsuit against the Centers for Medicare and Medicaid has advanced one more step. The Department of Health and Human Services (HHS) filed its response brief in ACA’s lawsuit with the Court of Appeals on June 2.

ACA’s lead counsel in the case, George McAndrews, has 14 days to file a reply brief. No date has yet been set for oral arguments, but according to ACA Executive Vice President, it is likely to be scheduled within 45 days of the filing of the reply brief.

The ACA’s lawsuit was initially filed in November 1998 to protect patients’ rights to receive chiropractic care provided by chiropractors, not any other group, such as physical therapists.

HHS reaffirmed in its brief with the Court of Appeals its current position relative to physical therapists, stating that: “The policy letter [OPL #23] was updated in 2002 to make clear that only providers meeting the statutory definition of a ‘physician,’ and not physical therapists, are authorized to provide a Medicare-covered manual spinal manipulation to correct a subluxation.”

Source: American Chiropractic Association, www.adatoday.com

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