January 2005

ACA pursues litigation

LAS VEGAS — The Trigon and Medicare lawsuits are not dead. According to George McAndrews, the lead counsel for the American Chiropractic Association in both lawsuits, the ACA is continuing to pursue justice for chiropractors through the legal system.

Although the Supreme Court denied a review of the Trigon lawsuit, the ACA is seeking recourse through the Federal Trade Association and the Justice Department, McAndrews said in a press conference at the ParkerSeminar at Las Vegas.

In a letter dated Jan. 7, 2005, to Deborah Platt Majoras, Chairman of the Federal Trade Commission (FTC) and R. Hewitt Pate, Assistant Attorney General of the Antitrust Division of the Department of Justice (DoJ), the ACA asks that the FTC and DoJ investigate "ongoing violations of the antitrust laws from an enforcement standpoint, particularly as it pertains to a multi-billion dollar, multistate health insurers that operate nationwide."

McAndrews stated that although the FTC and DoJ have no authority to overturn the U.S. Court of Appeals, it does have authority to pursue such an investigation.

The association has also filed an appeal in the U.S. Court of Appeals for the District of Columbia Circuit on the HHS/Medicare case. The brief asks the court to consider if the district court erred in its Oct. 14, 2004, opinion that doctors of medicine and osteopathy could also provide chiropractic service for Medicare beneficiaries and if the court also erred in failing to address the question of whether managed-care organizations, competitive medical plans and Medicare Plus Choice organizations have denied Medicare beneficiaries access to covered service.

According to McAndrews, it may take six to nine months to receive a decision from the appeals court.

J. Michael Flynn, DC, who has headed the National Chiropractic Legal Action Fund, said the ACA still requires funds to pursue the lawsuits. Approximately $8.2 million have been raised and spent.

For more information on making a contribution, contact the ACA, www.acatoday.com.

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