Filtered by author: Elizabeth Kantrowitz Clear Filter

Mandatory Use of Updated MTG Forms MG-1 and MG-2

 

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BREAKING NEWS: MD-DC Partnership Bill Has Passed the NY Senate!

The New York State Chiropractic Association is pleased to report to you today that the NY MD-DC Partnership Bill (S1940/A5956) has passed the Senate!  This is certainly a welcome and exciting development.  

It is time now, more than ever, to make a concerted effort to reach out to Assemblypersons by sending letters of support of this bill.  This is an important piece of legislation which would amend the limited liability company law, the business corporation law, the partnership law, and the public health law to allow doctors of chiropractic to form LLCs and partnerships with medical doctors.

We earnestly request that you visit NYSCA.com to view and download the sample letters to legislators. Please personalize these letters to make them specific and unique to your office.


We thank you for your continued efforts and support in furthering the interests of Chiropractic in New York.

 

2013 NYSCA Election Results Announced

The New York State Chiropractic Association is proud to announce the results of our May 2013 elections. We would like to take a moment to thank our previous incumbents for their hard work and fine efforts in supporting the NYSCA and the interests of Chiropractic in New York.

The following individuals have been elected to serve as our Executive Officers:
  • Louis Lupinacci, DC, President
  • James Hildebrand, DC, Vice President
  • Jason Brown, DC, Secretary
  • Lloyd Kupferman, DC, Treasurer
  • Bruce Silber, Past DC, Past President
The following individuals have been elected to serve on our Board of Directors:
  • Ivan Abelson, DC
  • Robert Block, DC
  • Robert Brown, DC
  • Jeremy Lee, DC
  • Mariangela Penna, DC
These will be joining our current Board of Directors incumbents:
  • Patrice Carroll, DC
  • Malcolm Levitin, DC
  • Christopher Piering, DC
  • Susan Schliff, DC
  • Gerald Stevens, DC
  • H. William Wolfson, DC
The new appointments have taken effect as of June 1, 2013. NYSCA thanks all the candidates that participated in this year's election and sends its congratulations to the winners.

 

District 7 Meeting: Functional Neurology in Chiropractic

 

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District 6 Meeting: Guidelines to Properly Document, Bill & Collect on Work Comp Patients That May Be Entitled to 10 Annual Maintenance Visits

 

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Doctors' Diagnostic Errors Are Often Not Mentioned But Can Take A Serious Toll

This KHN story was produced in collaboration with The Washington Post

Until it happened to him, Itzhak Brook, a pediatric infectious disease specialist at Georgetown University School of Medicine, didn't think much about the problem of misdiagnosis.

That was before doctors at a Maryland hospital repeatedly told Brook his throat pain was the result of acid reflux, not cancer. The correct diagnosis was made by an astute resident who found the tumor -- the size of a peach pit -- using a simple procedure that the experienced head and neck surgeons who regularly examined Brook never tried. Because the cancer had grown undetected for seven months, Brook was forced to undergo surgery to remove his voice box, a procedure that has left him speaking in a whisper. He believes that might not have been necessary had the cancer been found earlier.

"I consider myself lucky to be alive," said Brook, now 72, of the 2006 ordeal, which he described at a recent international conference on diagnostic mistakes held in Baltimore. A physician for 40 years, Brook said he was "really shocked" by his misdiagnosis.

But patient safety experts say Brook's experience is far from rare. Diagnoses that are missed, incorrect or delayed are believed to affect 10 to 20 percent of cases, far exceeding drug errors and surgery on the wrong patient or body part, both of which have received considerably more attention.

Recent studies underscore the extent and potential impact of such errors. A 2009 report funded by the federal Agency for Healthcare Research and Quality found that 28 percent of 583 diagnostic mistakes reported anonymously by doctors were life-threatening or had resulted in death or permanent disability. A meta-analysis published last year in the journal BMJ Quality & Safety found that fatal diagnostic errors in U.S. intensive care units appear to equal the 40,500 deaths that result each year from breast cancer. And a new study of 190 errors at a VA hospital system in Texas found that many errors involved common diseases such as pneumonia and urinary tract infections; 87 percent had the potential for "considerable to severe harm" including "inevitable death."

Misdiagnosis "happens all the time," said David Newman-Toker, who studies diagnostic errors and helped organize the recent international conference. "This is an enormous problem, the hidden part of the iceberg of medical errors that dwarfs" other kinds of mistakes, said Newman-Toker, an associate professor of neurology and otolaryngology at the Johns Hopkins School of Medicine. Studies repeatedly have found that diagnostic errors, which are more common in primary-care settings, typically result from flawed ways of thinking, sometimes coupled with negligence, and not because a disease is rare or exotic.

The problem is not new: In 1991, the Harvard Medical Practice Study found that misdiagnosis accounted for 14 percent of adverse events and that 75 percent of these errors involved negligence, such as a failure by doctors to follow up on test results.

Despite their prevalence and impact, such mistakes have been largely ignored, Newman-Toker and others say. They were mentioned only twice in the Institute of Medicine's landmark 1999 report on medical errors, an omission some patient safety experts attribute to difficulties measuring such mistakes, the lack of obvious solutions and generalized resistance to addressing the problem.

"You need data to start doing anything," said internist Mark L. Graber, founding president of the Society to Improve Diagnosis in Medicine and a leading errors researcher. Despite dozens of quality measures, Graber said, he is unaware of "a single hospital in this country trying to count diagnostic errors."

In the past few years, a confluence of factors has elevated the long-overlooked issue. In his 2007 bestseller, "How Doctors Think," Boston hematologist-oncologist Jerome Groopman vividly deconstructed the flawed thought processes that underlie many diagnostic errors, including several he made during his long career.

More recently, an influential cadre of medical leaders has been pushing for greater attention to the problem. They cite concerns about the growing complexity of medicine and increasing fragmentation of the health-care system, as well as relentless time pressures squeezing doctors and the overuse of expensive, high-tech tests that have supplanted traditional hands-on skills of physical diagnosis.

Publicity about the death last year of 12-year-old Rory Staunton, sent home from an emergency room in New York after doctors missed the raging systemic infection that quickly killed him, have put a human face on the problem. At the same time, new digital databases such as IBM's Watson and Isabel promise to boost doctors' accuracy, although their usefulness remains a matter of debate.

"One of the reasons it's time to begin looking at it is that so many of the quality measures we use now assume that the diagnosis is the right one in the first place," said Christine Cassel. A member of the panel that wrote the 1999 IOM report, she is now president and chief executive officer of the American Board of Internal Medicine.

But what if it's not?

In a much-cited essay, Robert Wachter, associate chair of the Department of Medicine at the University of California at San Francisco, wrote that a hospital could earn "performance incentives for giving all of its patients diagnosed with heart failure, pneumonia and heart attack the correct, evidence-based and prompt care -- even if every one of the diagnoses was wrong."

Discovered Late -- Or Never

Unlike drug errors and wrong-site surgery -- mistakes that patient safety experts consider to be "low-hanging fruit" amenable to solutions such as color-coded labels and preoperative timeouts by the surgical team -- there is no easy or obvious fix for diagnostic errors. Many are complex and multifaceted, and may not be discovered for years if ever, said Graber, a senior fellow at RTI International, a research firm based in Research Triangle Park, N.C.

"There is probably nothing more cognitively complicated" than a diagnosis, he said, "and the fact that we get it right as often as we do is amazing."

But doctors often don't know when they've gotten it wrong. Some patients affected by misdiagnosis simply find a new doctor. Unless the mistake results in a lawsuit, the original physician is unlikely to learn that he blew it -- particularly if the discovery is delayed. While diagnostic errors are a leading cause of malpractice litigation, the vast majority do not result in legal action.

Some environments are more susceptible to error than others. Graber calls the emergency room "a petri dish" for diagnostic mistakes: The doctor doesn't know the patient, the patient doesn't trust the doctor, and time pressures and frequent interruptions are the rule.

Misdiagnosis is not limited to hospitals; a recent commentary on the Texas VA study by Newman-Toker and Martin Makary estimates that "with more than half a billion primary care visits annually in the United States . . . at least 500,000 missed diagnostic opportunities occur each year at U.S. primary care visits, most resulting in considerable harm."

There is another reason such mistakes have been long ignored: They are regarded as an unusually personal failure in a profession where diagnostic acumen is considered the gold standard.

"This really gets to who we are as clinicians," said internist Robert Trowbridge, who directs the medicine clerkship program for Tufts University medical students at Maine Medical Center in Portland.

"Overconfidence in our abilities is a major part of the problem," said Graber, who believes doctors have gotten a pass for too long when it comes to diagnostic accuracy. "Physicians don't know how error-prone they are."

Many, he noted, wrongly believe that the problem is "the other guy" and that they don't make mistakes. A 2011 survey of more than 6,000 physicians found that 96 percent felt that diagnostic errors are preventable; nearly half said they encountered them at least once a month.

In the Texas VA study, more than 80 percent of cases lacked a differential diagnosis, in which a doctor not only declares what he believes is ailing the patient but also lists other potential causes of the problem based on symptoms, test results and a physical exam.

"A differential helps people to cognitively focus," said Hardeep Singh, director of the Houston VA Patient Safety Center of Inquiry. Failure to ask "What else could this be?" can cause premature fixation on the incorrect diagnosis, said Singh, the study's lead author.

At Maine Medical Center, Trowbridge spearheaded a pilot program launched in 2010 to persuade doctors to anonymously report diagnostic errors, which would then undergo comprehensive analysis. He said he had to "hound" his colleagues to report mistakes. During the first six months, 36 errors that would otherwise have gone unreported were identified; most were deemed to have caused moderate to severe harm.

Trowbridge said the program has changed how he practices. "I'm much more reflective, much more attuned to the errors I'm prone to make. I work with checklists more."

It Wasn't Fibromyalgia

While second opinions are one strategy believed to reduce misdiagnosis, the original error may be the basis of a cascade of mistakes.

For nearly three years, beginning in February 2008, financial executive Karen Holliman logged more than 50 visits with various doctors in Durham, N.C., trying to get help for the increasingly severe fatigue that had plagued her for several years as well as back pain so excruciating that she wound up in a wheelchair.

Doctors variously told her she had fibromyalgia, chronic fatigue syndrome or a psychiatric problem. The real reason for her symptoms was metastatic breast cancer, which had riddled her spine, fracturing her back. Signs of cancer had been found on an MRI scan performed in February 2008. But a bone scan performed a few weeks later did not indicate cancer; her internist told her she did not have cancer, and doctors repeatedly failed to investigate the discrepancy.

To make matters worse, Holliman was taking hormone replacement pills prescribed by her internist to combat hot flashes; the drug fed her breast cancer.

"I'm terminal," she said. In December 2010, when she was told she had Stage IV breast cancer, an oncologist estimated her life expectancy at about three years. "I could have been diagnosed in 2008," she said, adding that she believes timely diagnosis and treatment might have extended her life expectancy to 10 years.

Holliman has regrets: that she never got a second opinion from an internist or orthopedist, that she didn't question the radiologists who performed her scans and that she failed to obtain her medical records earlier.

During meetings last year attended by her family, including a relative who is a prominent physician, as well as by her doctors and the hospital system for which they worked, Holliman said, a hospital lawyer called her case "a series of unfortunate events" but denied that the hospital was liable for the delayed diagnosis.

"I spent a lot of time being angry," said Holliman, who is 52. She said she has not filed a malpractice suit because she was advised she was unlikely to win. "Now I'm just trying to live a really great life in the time I have left."

 

JAMA Suggests Chiropractic for Low Back Pain

Chiropractic Physicians Provide Natural Alternatives for Pain Treatment, Injury Prevention

Arlington,Va.
--An article in the Journal of the American Medical Association (JAMA) suggests patients try chiropractic services for the treatment of low back pain. According to the article, surgery is not usually needed and should only be considered if more conservative therapies fail. The information in JAMA reinforces the American Chiropractic Association's (ACA) position that conservative care options should serve as a first line of defense against pain.

The article, part of JAMA's Patient Page public education series, explains that the back is made up of bones, nerves, muscles and other soft tissues such as ligaments and tendons that support posture and give the body flexibility. Back pain can be caused by problems with any of the structures in the back.

As neuromusculoskeletal experts, chiropractic physicians are particularly well suited to manage and help prevent low back pain.

"We are encouraged to see JAMA suggest patients try chiropractic and other more conservative types of treatment for their back pain. In many cases pain can be alleviated without the use of unnecessary drugs or surgery, so it makes sense to exhaust conservative options first," said ACA President Keith Overland, DC.

"Research confirms that the services provided by chiropractic physicians are not only clinically effective but also cost-effective, so taking a more conservative approach at the onset of low back pain can also potentially save both patients and the health care system money down the line," he added.

For those who are currently pain-free, the exercise tips, posture recommendations and guidance on injury prevention routinely provided by chiropractic physicians can help people maintain a healthy back throughout their lives. To learn more, visit www.acatoday.org/backpain.

The American Chiropractic Association (ACA), celebrating its 50th anniversary in 2013, is the largest professional association in the United States representing doctors of chiropractic. ACA promotes the highest standards of patient care and professional ethics, and supports research that contributes to the health and well-being of millions of chiropractic patients. Visit www.acatoday.org.

 

CALL TO ACTION: Your Immediate Attention is Needed!!!

CALL TO ACTION

Your Immediate Attention is Needed!!!

We need your help. A5956, sponsored by Assemblyman Daniel O’Donnell, would amend the limited liability company law, the business corporation law, the partnership law and the public health law to allow doctors of chiropractic to form partnerships with medical doctors. We need you to send letters of support for this legislation to your local legislators.

PLEASE TAKE THESE ACTION STEPS

Step One: Download and personalize one of the “Doctor’s Letter to Legislators.” We are providing you with four sample letters with varying levels of urgency and tone.


Please personalize these letters to make them specific and unique to your office.  Some possible scenarios might include:
  1. You are seriously considering forming a partnership, but cannot do so because of NY state law
  2. You have been approached by an MD to form a partnership but can't
  3. You are already in a professional relationship with an MD and cannot form a formal partnership due to current law
If desired, you could also make specific reference to Medical Homes, ACOs, and the role of the healthcare exchanges and how current New York State law will not allow full ACA implementation toward integration. The point is to make the letter your own.

Step Two: Send (email) the signed letters to your local Assembly person and copy your district president on the email. You can send a letter for yourself and for your office if each location is represented by a different Assembly person.

Step Three: Use the below links to find your local legislators if you don’t know who they are. Once you have found your local legislator, you can also find their email address.


Step Four: Contact MD’s that you know who are supportive of this legislation and ask them to send a letter of support for the bill. You can provide this letter to use as a template. Please ask them to personalize it. Then ask them to email it to their legislator and to copy you. Then send it to your District President.

Thank you in advance for your efforts and support.

 

District 15 Golf Tournament

 

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NYSCA & Council Joint Unity Update

 

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NYSCA District 14 monthly meeting

Tuesday, April 23, 2013 at 12:30pm
81 Route 59, Suffern NY



Topic:
Highlights from the 2013 Spring Convention
Scope of practice, Medicare PQRS, EHR


Dear Colleagues,

The next NYSCA district 14 meeting will be Tuesday April 23 at 12:30 at my Suffern Office. The address is 81 Route 59, Suffern NY. If you have questions or need directions, please call 845-357-0364.

At this meeting, we will be discussing much of the information received at the NYSCA convention last month. There are several things important topics to cover, and it would be beneficial to all to have as many as possible participate.

One major issue concerning our profession is our scope of practice. NYSCA has recently developed a comprehensive scope-of-practice for Chiropractors in New York and wants to fine-tune it. We have been provided with a copy of this document and have been requested to provide feedback from our members. Comments from Council members are also welcome. Considering that NYSCA and The Council are moving closer to unification, having a scope of practice that is agreeable to both memberships is very important. NYSCA must make the decision of either presenting the scope-of-practice before or after unification, depending on the consensus of its members.

Our Chiropractic Political Action Committee helps promote the legislation that NYSCA is currently trying to get passed. These include the DC / MD partnership bill, the Electric-diagnostic bill, and the IME bill. Anyone wishing to contribute to the PAC, please let us know and we will be happy to give you information on how to do so. Many offices contribute by having $25 sent automatically to the PAC each month via credit card. This is less than the cost of one office visit per month.

Also, we will be discussing the Physicians Quality Reporting System (PQRS) program and reporting to Medicare. Offices not reporting beginning this year will receive a 1.5% reduction in reimbursements and next year that increases to 2%. We have a power point presentation from our Spring Convention that will be available to all in attendance at the next meeting.

Finally, several members have been inquiring about the move to electronic health records (EHR). If you are using EHR in your office and would be willing to explain at our meeting some of the aspects of making this change, please let us know. It would be helpful not to make the same mistakes, and if someone is willing to give a helping hand would be terrific. My office is at the very beginning of our transition and I have many questions also. If anyone is willing to help on this please let me know if you would be willing to discuss it at an upcoming meeting.

Sincerely,

Arthur Kaufer, DC
President, NYSCA District 14 

 

District 3 Meeting: What Every Doctor Should Know About EMG/NCV Testing

 

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District 6 Meeting: How will the Patient Protection & Affordability Act, Commonly Called “Obamacare”, Affect the Chiropractic Profession?

Wednesday, April 24, 2013 at 8:15 pm
NYCC Health Center
70 Division Ave, Levittown


Guest Speaker:
Dr. Marty Kotlar of Target Coding

Topic:
How will the Patient Protection & Affordability Act,
Commonly Called “Obamacare”, Affect the Chiropractic Profession?

Additionally, Dr. Kotlar will be speaking about
the pros and cons of MD/DC/PT/NP practices.
Dr. Kotlar has written seven chiropractic and physical medicine & rehabilitation books on coding, compliance and documentation. He is a contributing author to Chiropractic Economics, Dynamic Chiropractic and is a featured guest speaker for Foot Levelers Seminars, Parker Seminars, The Coding Institute and at many state association conventions nationwide. Dr. Kotlar has taught coding and documentation courses at Parker College of Chiropractic, Northwestern Chiropractic College and New York Chiropractic College.

District 6 officers and board members will be present.
Get your questions answered regarding unity, Comp, No Fault, Medicare, etc.

============================
$5 for Members of NYSCA or the Council
$20 for Non-Members
Pizza and Soft Drinks Included
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NYCC Proudly Announces the Winter 2013 Commencement Ceremony

New York Chiropractic College will host the Winter 2013 Commencement Ceremony on Saturday, April 6, 2013 at 10:00 a.m. The ceremony will be held in the NYCC Athletic Center and doors are open to the public at 9:00 a.m.

There will be a reception for graduates, guests, faculty, and staff immediately following the ceremony.

Congratulations to all of NYCC's Winter 2013 Graduates!

 

Chiropractic Physicians Help Create Healthy Workplaces

Arlington, Va.—Chiropractic physicians are ready to provide key support to patients who are trying to create healthy working environments, according to the American Chiropractic Association (ACA). This reminder comes as communities across the country this week observe National Public Health Week (NPHW), which promotes creating a healthy workplace on Wednesday, April 3.

The theme of NPHW 2013—“Public Health is ROI: Save Lives, Save Money"—promotes the value of prevention and the importance of well-supported public health systems in preventing disease, saving lives and curbing health care spending. For more than 100 years, the chiropractic profession has promoted prevention as a key component of health and wellness, and a growing body of research shows that chiropractic services reduce health care spending.

According to the U.S. Bureau of Labor Statistics, in 2011 musculoskeletal disorders made up 33 percent of all work-related injury and illness cases. When considering the impact of proper ergonomics on workplace safety, ACA stresses three basic principles:
  1. When lifting, the largest muscles in the area should perform the task. The larger the muscle or muscle group used for lifting, the lower the stress on smaller, more vulnerable muscles.
  2. During any work activities, people should be able to comfortably assume a number of different postures and not remain in one position for an extended time. Muscles will fatigue and be more prone to injury when assuming a particular posture, especially a poor one (e.g., partially bent forward at the waist).
  3. When performing tasks, it is important to keep the joints either in their neutral posture or approximately halfway into the range of motion. Working with your joints at the extremes of their ranges of motion for prolonged periods places abnormal stresses on them and can cause repetitive stress injuries.
“Our bodies are not designed to maintain the same posture for long periods of time or to repeat the same motions endlessly,” said ACA President Keith Overland, DC. “Stretches and exercises can help prevent pain and injury. There are also natural, cost-effective approaches to treating pain, such as chiropractic services, that can help patients avoid unnecessary drugs or surgery.” For more information about creating a healthier working environment, please visit ACA’s website for health and wellness tips.

Since 1995, when the first full week of April was declared NPHW by the American Public Health Association (APHA), communities across the country have recognized the contributions of public health and highlighted issues important to improving public health. APHA creates planning and outreach materials that can be used year round to raise awareness. APHA has featured a section devoted to chiropractic and the role that DCs play in public health since 1995.

The American Chiropractic Association (ACA), celebrating its 50th anniversary in 2013, is the largest professional association in the United States representing doctors of chiropractic. ACA promotes the highest standards of patient care and professional ethics, and supports research that contributes to the health and well-being of millions of chiropractic patients. Visit www.acatoday.org.

 

From the President: About that No-Fault regulation that takes effect on April 1, 2013...

On February 20, 2013, on behalf of the NYSCA membership, NYSCA President Dr. Bruce Silber wrote to the New York State Department of Financial Services seeking clarification of the, then, recently adopted No-Fault Regulation – FOURTH AMENDMENT TO 11 NYCRR 65-3 (INSURANCE REGULATION No. 68-C) Claims for Personal Injury Protection Benefits, I.D. No. DFS-20-12-00009-A, New York State Register, February 20, 2013, pp. 8-10.

In his query the Dr. Silber wrote:
As you may or may not recall, the New York State Chiropractic Association (NYSCA) offered comments on this regulation when it was first proposed last May. The Association has not received and has not seen any response to the observations the Association offered. The Association noted, however, that the State Register announced today (February 20, 2013) that the regulation has been adopted effective April 1, 2013.

In the meantime, a question has arisen regarding the regulation and how it will be implemented for which the Association seeks clarification. Specifically, the NYSCA seeks clarification of the following provisions:

New subdivision (g) of section 65-3.8 provides as follows:
(g) (1) Proof of the fact and amount of loss sustained pursuant to Insurance Law section 5106(a) shall not be deemed supplied by an applicant to an insurer and no payment shall be due for such claimed medical services under any circumstances:
(i) when the claimed medical services were not provided to an injured party; or
(ii) for those claimed medical service fees that exceed the charges permissible pursuant to Insurance Law sections 5108(a) and (b) and the regulations promulgated thereunder for services rendered by medical providers.

The problem area is (g)(1)(ii). Some NYSCA members have identified an ambiguity in the way these stipulations may be read.

On the one hand, it may be read that the regulation says that "no payment shall be due" for "those claimed medical service fees that exceed the charges permissible pursuant to the Insurance Law §§ 5108(a) and (b)" - that is, the WC fee schedule.

Specifically, §§ 5108(a) and (b) of Insurance Law stipulate as follows:

§ 5108. Limit on charges by providers of health services.
(a) The charges for services specified in paragraph one of subsection (a) of section five thousand one hundred two of this article and any further health service charges which are incurred as a result of the injury and which are in excess of basic economic loss, shall not exceed the charges permissible under the schedules prepared and established by the chairman of the workers' compensation board for industrial accidents, except where the insurer or arbitrator determines that unusual procedures or unique circumstances justify the excess charge.
(b) The superintendent, after consulting with the chairman of the workers' compensation board and the commissioner of health, shall promulgate rules and regulations implementing and coordinating the provisions of this article and the workers' compensation law with respect to charges for the professional health services specified in paragraph one of subsection (a) of section five thousand one hundred two of this article, including the establishment of schedules for all such services for which schedules have not been prepared and established by the chairman of the workers' compensation board.

Fees that are in "excess" - more than, above or beyond the amounts allotted in the Workers' Compensation fee schedule for individual services are not the real issue at hand here, although this is one way to read the ambiguity.

The concern that arises is that the Workers’ Compensation fee schedule permits doctors of chiropractic (and physical therapists) to be paid for only eight (8) units of treatment. Providers bill a combination of medically necessary therapies that oftentimes exceed the eight (8) units permitted. In addition, most electronic health care software programs follow the AMA CPT® coding rules and the software cannot be adjusted to bill only for, or exactly for eight (8) units or less when the services provided often tabulate for more. This is problematic since many practitioners provide and bill services in excess of the eight (8) units allotted pursuant to the revised and expanded Workers’ Compensation fee schedule. The Workers’ Compensation Board has accommodated the providers by allowing providers to bill for more than the eight (8) units payable but also stipulated that Workers’ Compensation payers would only be responsible for paying for maximum eight (8) units permitted.

If chiropractors (or physical therapists) provide and bill for services in excess of the eight (8) units allowed under the Workers' Compensation fee schedule, the No-Fault regulation adopted appears to allow insurers to deny payment automatically and in total, even though the dollar amount for services individually charged do not exceed the service dollar charges in the Workers Compensation fee schedule for those specific services.

The NYSCA does not contest the fact that providers should not be billing the payers of injured patients dollar amounts for individual and specific services that exceed the dollar amounts for individual services permitted by the Workers’ Compensation fee schedule. At the same time, however, the Association does not think it fair that the a provider’s payment could be automatically and completely denied should the practitioner provide and bill for services whose combined unit values go beyond the eight (8) units permitted by the Workers’ Compensation fee schedule, even though the dollar amounts (fees) for the individual services charges do not exceed and are consistent with the individual dollar amounts (fees) for those services found in the Workers’ Compensation fee schedule. This would be a disservice to the providers involved. If the eight (8) units of service carry over to the §§ 5108(a) and (b) fee schedule(s), then the Association feels that providers should be able to bill for services irrespective of the eight (8) unit service cap with the understanding that payers would only be obligated to pay for up to the eight (8) unit service limit.

Please clarify this ambiguity and how the Department intends on implementing this regulation.


As the deadline for implementation of the April 1, 2013 regulation looms, and not having heard from the Department of Financial Services relative to the Association’s February 20, 2013 inquiry above, I telephoned the Department of Financial Services and spoke directly to someone in the Insurance Bureau that works on No-Fault issues. After explaining the foregoing ambiguity again, the DFS representative explained that he believed the issue had been addressed in the State Administrative Procedure Act (SAPA) run-up to the regulation and that the Regulatory Impact Statement clearly states that ONLY the portion of a provider’s fee that exceeds the fee schedule will be denied, not the entire fee.

Not content to take the Department’s word, I looked up the Regulatory Impact Statement (RIS) directly and it seems to concur with the DFS statement. Under the rubric: “Preventing Billing in Excess of Mandated Fee Schedule or for Services Not Rendered,” the RIS states as follows:





























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People to People Announces Chiropractic Delegation to India

 

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Legislation to Further Integrate Chiropractic Services Introduced in Congress

Arlington, Va.—The American Chiropractic Association (ACA) today announced that its work with key congressional supporters has resulted in several important pieces of pro-chiropractic legislation being introduced in the 113th U.S. Congress. These bills, if enacted into law, would increase patient access to the services provided by chiropractic physicians.

The first legislative initiative, the “Chiropractic Care Available to All Veterans Act”, was introduced in the Senate (as S. 422) by Sen. Richard Blumenthal (D-Conn.). Its House companion bill, H.R. 921, was introduced by Rep. Mike Michaud (D-Maine), a ranking member of the House Committee on Veterans Affairs. The bills would require the U.S. Department of Veterans Affairs (VA) to have a chiropractic physician on staff at all major medical facilities by 2016.

The second ACA supported bill is H.R. 741, the “Chiropractic Health Parity for Military Beneficiaries Act,” introduced by Reps. Mike Rogers (R-Ala.) and Dave Loebsack (D-Iowa). This legislation would extend chiropractic services to military retirees, dependents and survivors as part of TRICARE. H.R. 741 defines “chiropractic services” as diagnosis (including X-ray tests), evaluation and management, and therapeutic services for the treatment of neuromusculoskeletal health conditions. The legislation specifically notes that chiropractic services may only be provided by a doctor of chiropractic (DC).

Another recently introduced bill—the “Chiropractic Membership in the Public Health Service Commissioned Corps Act of 2013” (H.R. 171), introduced by Rep. Gene Green (D-Texas)—would benefit the public and the chiropractic profession by requiring the inclusion of DCs in the U.S. Public Health Service (USPHS) Commissioned Corps. USPHS is an elite team of more than 6,000 well-trained, highly qualified public health professionals dedicated to delivering the nation’s public health promotion and disease prevention programs and advancing public health science.

The final ACA supported bill is H.R. 702, the “Access to Frontline Health Care Act,” which would establish a new program to help chiropractic physicians and other select health care providers repay their student loans if, in exchange, they establish and maintain practices in medically underserved areas. ACA has worked closely with Rep. Bruce Braley (D-Iowa), the sponsor of the bill, to ensure that chiropractic physicians are specified as qualifying for the program.

“Those who have made sacrifices for our country—especially veterans, active-duty military and their family members—deserve access to the best health care available, which includes chiropractic services,” said ACA President Keith Overland, DC. “I am urging every chiropractic physician, chiropractic student and chiropractic supporter to contact their congressional representatives and urge them to cosponsor these bills and to help military families in need.”

The American Chiropractic Association (ACA), celebrating its 50th anniversary in 2013, is the largest professional association in the United States representing doctors of chiropractic. ACA promotes the highest standards of patient care and professional ethics, and supports research that contributes to the health and well-being of millions of chiropractic patients. Visit www.acatoday.org.

 

Mandatory Payment Reductions in the Medicare Fee-for-Service Program – “Sequestration”

To All Health Care Professionals, Providers, and Suppliers

The Budget Control Act of 2011 requires, among other things, mandatory across-the-board reductions in Federal spending, also known as sequestration. The American Taxpayer Relief Act of 2012 postponed sequestration for two (2) months. As required by law, President Obama issued a sequestration order on March 1, 2013. The Administration continues to urge Congress to take prompt action to address the current budget uncertainty and the economic hardships imposed by sequestration.

This Listserv message is directed at the Medicare Fee-for-Service (FFS) program (i.e., Part A and Part B). In general, Medicare FFS claims with dates-of-service or dates-of-discharge on or after April 1, 2013, will incur a 2 percent reduction in Medicare payment. Claims for durable medical equipment (DME), prosthetics, orthotics, and supplies, including claims under the DME Competitive Bidding Program, will be reduced by two (2) percent based upon whether the date-of-service, or the start date for rental equipment or multi-day supplies, is on or after April 1, 2013.

The claims payment adjustment shall be applied to all claims after determining coinsurance, any applicable deductible, and any applicable Medicare Secondary Payment adjustments.

Though beneficiary payments for deductibles and coinsurance are not subject to the two (2) percent payment reduction, Medicare’s payment to beneficiaries for unassigned claims is subject to the two (2) percent reduction. The Centers for Medicare & Medicaid Services encourages Medicare physicians, practitioners, and suppliers who bill claims on an unassigned basis to discuss with beneficiaries the impact of sequestration on Medicare’s reimbursement.

Questions about reimbursement should be directed to your Medicare claims administration contractor. As indicated above, we are hopeful that Congress will take action to eliminate the mandatory payment reductions.

Posted 03/08/2013.

Source: www.ngsmedicare.com

 

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