March 2005

ACA establishes HHS briefing schedule

The American Chiropractic Association has issued its briefing schedule in its lawsuit against the Department of Health and Human Services (HHS). The initial brief is to be presented to the court of appeals for the District of Columbia Circuit by May 3, 2005.

The government then has until June 2, 2005, to file its brief and ACA will then have until June 16 to file a reply brief. Oral arguments may be scheduled 45 days after the filing of the reply brief.

The HHS case involves ACA’s position that in 1972, when the chiropractic benefit was added to Medicare, it was Congress’ intention that only doctors of chiropractic could provide “manual manipulation of the spine to correct a subluxation.”

ACA has also reorganized its legal fundraising committee, the National Chiropractic Legal Action Fund (NCLAF) Committee. The committee will now be a permanent part of ACA.

According to Garrett Cuneo, ACA executive vice president, the reorganization is intended to send a strong signal to that the ACA will not be afraid to litigate. James Edwards, DC, former chairman of the ACA Board of Governors, has been appointed “whip “ of NCLAF.

J. Michael Flynn, DC, was the previous chairperson for the NCLAF since the committee’s inception in 1998. During Flynn’s tenure, NCLAF raised $8.7 million to fund legal action.

Source: American Chiropractic Association, www.acatoday.com

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