(Arlington, Va.) -- The American Chiropractic Association (ACA) has joined with other provider groups to support legislation, S. 1776, introduced in Congress on Oct. 13 by Sen. Debbie Stabenow (R-Mich.) that would permanently repeal the “flawed” formula that determines Medicare reimbursement rates. Current federal law mandates that Medicare payments to physicians be modified annually using the Sustainable Growth Rate (SGR) formula. The SGR formula ties payments to the national gross domestic product, and many in health care have expressed concerns that this system is neither accurate nor appropriate. Acknowledging problems associated with tying payments to the SGR, Congress for the past seven years has voted to overturn proposed fee cuts based on the formula. On Oct. 16, ACA joined other health care provider organizations in the Patients’ Access to Responsible Care Alliance (PARCA) to voice its strong support of ending the system that has for too long proposed unfair reimbursement rates. By joining with other providers, ACA underscores its belief that the current system is unacceptable for any health care professional. To read the PARCA letter to Sen. Stabenow, click here. “ACA is committed to supporting S. 1776, and any other legislation that addresses problems associated with the flawed SGR formula,” said ACA President Rick McMichael, DC. “Health care services to our nation’s Medicare beneficiaries should not be undervalued.” Look for updates on S. 1776, and ACA’s efforts to address the Medicare payment system, in upcoming ACA publications and on ACA’s Web site:

With health care reform activities accelerating in Congress, the American Chiropractic Association (ACA) has launched the Chiropractic Health Advocacy and Mobilization Project (CHAMP), a one-year campaign to raise funds in support of strategic lobbying activities intended to boost chiropractic’s profile on Capitol Hill.

The following is a summary of the key provisions relevant to chiropractic within the new Insurance Omnibus Law. Section 3, 19 & 32 Prohibits an insurer or HMO from implementing an adverse reimbursement change to a contract with a health care provider unless insurer or HMO gives health care professional 90 days written notice of the change and allows health care professional 30 days to terminate his/her contract with insurer or HMO. Effective date is January 1, 2010. Section 4 & 17 Insurers offering comprehensive policies establish grievance procedures and provide access to care consistent with insurance law. The effective date is January 1, 2011. Section 6 Requires insurers and HMOs to pay claims submitted electronically within 30 days and expands the provision of the PROMPT PAYMENT LAW to self-insured municipal cooperative health plans. This is effective January 1, 2010. Section 7 Prohibits insurers and HMOs from denying a claim on the basis that they are coordinating benefits – unless insurer or HMO has reasonable basis to believe enrollee has other insurance which is primary. Effective January 1, 2010. Section 8 If prompt payment violation is determined, an insurer or HMO shall not be subject to penalty if insurer or HMO has processed at least 98% of claims submitted within the calendar year. In the past, the insurer would pay claims to avoid penalties, but then implemented retrospective audits. This is effective January 1, 2010. Section 9 Health care claims must be submitted by health care professional within 120 days after date of service. Allows health care professionals to request reconsideration of a claim that is denied as untimely. If health care professional demonstrates untimely claim was a result of an unusual occurrence and health care professional has pattern of timely claim submission. HMO/insurer may reduce untimely claim by 25%. Effective April 1, 2010. Section 10 This portion contains most of the NYSCA drafted language on retrospective audits for the benefit of all title VIII health care professionals. Limits of look back period of time payers can go when making routine retrospective audits to 24 months. In addition, before payer can commence a recovery effort, payers must give providers written notice at least 30 days in advance of any recovery effort providing the practitioner with vital information concerning the claim and a reasonably specific explanation of any proposed adjustment as well as an opportunity to challenge the overpayment recovery effort. No time limit exists in situations where the payer holds a reasonable belief of fraud, intentional misconduct or abuse of billing. Effective January 1, 2010. Section 12, 13, 14 & 31 Inhibits insurers and HMOs from treating a hospital that participates within a network as a nonparticipating provider solely because the health care provider admitting or rendering services to the insured/enrollee is a nonparticipating provider. These sections also prohibit insurers and HMOs from treating a health care provider that participates within a network as a nonparticipating provider solely because services are rendered in a nonparticipating hospital. This is an important change, particularly for chiropractors and/or hospital based chiropractic practices. Effective date is January 1, 2010. Section 20 & 33 These provisions allow a newly licensed professional and providers relocating to NY to join the group practice of credentialed par providers participating in a HMO/MCO, a nonprofit indemnity or medical service plan to be provisionally credentialed by the health care plan until such time as the plan makes its final determination regarding the provider’s application. Effective date is October 1, 2009. Section 27 & 40 This requires an external appeal agent to notify a provider when appropriate of an external appeal determination. Effective date is January 1, 2010

Arlington, Va. -- The American Chiropractic Association (ACA) has retained Gephardt Government Affairs, headed by former U.S. House Majority Leader Dick Gephardt, to reinforce its efforts to ensure that any national health care reform legislation passed by Congress includes the services of doctors of chiropractic on par with other physician services in respect to access, reimbursement and scope of practice.

The debate concerning National Healthcare Reform is set to resume in Washington D.C. Your voice is needed to make your Senators and Congressmen know that chiropractic care is an integral part in any Healthcare Reform Legislation. Click on the link below. URGENT! CALL TO ACTION: FEDERAL HEALTHCARE REFORM

(Arlington)-- A new pilot program shows that conservative heath care, including chiropractic, may reduce overall health care costs in patients with musculoskeletal disorders, such as back and neck pain. The pilot, conducted by Wellmark Blue Cross and Blue Shield to measure quality of patient care for its members in Iowa and South Dakota, also shows promising outcomes for the patients choosing chiropractic and other conservative care. “The cost-effectiveness and safety of chiropractic has been documented in several studies. ACA is pleased that insurance companies are starting to recognize the value that doctors of chiropractic and other conservative providers can offer to their members,” said ACA President Glenn Manceaux, DC. “Especially during the health care reform debate, it’s important that chiropractic and other conservative care methods are taken into serious consideration as a cost-effective alternative to the utilization of expensive surgery and hospital-based care,” he added. Wellmark conducted the Physical Medicine Pilot on Quality in 2008 for Iowa and South Dakota physical medicine providers. A total of 238 chiropractors, physical therapists and occupational therapists provided care to 5,500 members with musculoskeletal disorders. According to Wellmark, data from participating clinicians show that 89 percent of the patients treated in the pilot reported a greater than 30-percent improvement in 30 days. The pilot compared data for Wellmark members who received care from doctors of chiropractic or physical therapists with a member population with similar demographics who did not receive such services. The comparison showed that those who received chiropractic care or physical therapy were less likely to have surgery and experienced lower total health care costs, according to Wellmark. Chiropractic is widely recognized as one of the safest non-invasive therapies available for the treatment of back pain, neck pain, headaches and other neuromusculoskeletal complaints. A significant amount of evidence shows that chiropractic care for certain conditions can be more effective and less costly than traditional medical care. Recent research includes: • A study published in the October 2005 issue of the Journal of Manipulative and Physiological Therapeutics (JMPT) found that chiropractic and medical care have comparable costs for treating chronic low-back pain, with chiropractic care producing significantly better outcomes. • A March 2004 study in JMPT found that chiropractic care is more effective than medical care at treating chronic low-back pain in patients’ first year of symptoms. • A study published in a 2003 edition of the medical journal Spine found that manual manipulation provides better short-term relief of chronic spinal pain than do a variety of medications.

The NYSCA Officers, Directors and Delegates are pleased to announce that the Association’s hard work has been rewarded. Governor David Paterson has signed into law as Chapter 237 of the laws of 2009, Omnibus legislation (A8402a) containing NYSCA’s retrospective audit provisions.

The NYSCA is pleased to share with you the news that the Association’s hard work has been rewarded. Bill A8402 has been passed both the Assembly and the Senate. It now awaits Governor David Paterson’s signature for final approval. Included in this omnibus piece of legislation was the language of NYSCA’s retrospective audit bill.

ABSTRACT Background: Red yeast rice is an herbal supplement that decreases low-density lipoprotein (LDL) cholesterol level. Objective: To evaluate the effectiveness and tolerability of red yeast rice and therapeutic lifestyle change to treat dyslipidemia in patients who cannot tolerate statin therapy. Design: Randomized, controlled trial. Setting: Community-based cardiology practice. Patients: 62 patients with dyslipidemia and history of discontinuation of statin therapy due to myalgias. Intervention: Patients were assigned by random allocation software to receive red yeast rice, 1800 mg (31 patients), or placebo (31 patients) twice daily for 24 weeks. All patients were concomitantly enrolled in a 12-week therapeutic lifestyle change program. Measurements: Primary outcome was LDL cholesterol level, measured at baseline, week 12, and week 24. Secondary outcomes included total cholesterol, high-density lipoprotein (HDL) cholesterol, triglyceride, liver enzyme, and creatinine phosphokinase (CPK) levels; weight; and Brief Pain Inventory score. Results: In the red yeast rice group, LDL cholesterol decreased by 1.11 mmol/L (43 mg/dL) from baseline at week 12 and by 0.90 mmol/L (35 mg/dL) at week 24. In the placebo group, LDL cholesterol decreased by 0.28 mmol/L (11 mg/dL) at week 12 and by 0.39 mmol/L (15 mg/dL) at week 24. Low-density lipoprotein cholesterol level was significantly lower in the red yeast rice group than in the placebo group at both weeks 12 (P < 0.001) and 24 (P = 0.011). Significant treatment effects were also observed for total cholesterol level at weeks 12 (P < 0.001) and 24 (P = 0.016). Levels of HDL cholesterol, triglyceride, liver enzyme, or CPK; weight loss; and pain severity scores did not significantly differ between groups at either week 12 or week 24. Limitation: The study was small, was single-site, was of short duration, and focused on laboratory measures. Conclusion: Red yeast rice and therapeutic lifestyle change decrease LDL cholesterol level without increasing CPK or pain levels and may be a treatment option for dyslipidemic patients who cannot tolerate statin therapy. Annals of Internal Medicine 16 June 2009 Volume 150 Issue 12 Pages 830-839

Abstract Background: Reduced intake of micronutrients during pregnancy exposes women to nutritional deficiencies and may affect fetal growth. We conducted a systematic review to examine the efficacy of prenatal supplementation with multimicronutrients on pregnancy outcomes. Methods: We searched MEDLINE, EMBASE, CINAHL and the Cochrane Library for relevant articles published in English up to December 2008. We also searched the bibliographies of selected articles as well as clinical trial registries. The primary outcome was low birth weight; secondary outcomes were preterm birth, small-for-gestational-age infants, birth weight and gestational age. Results: We observed a significant reduction in the risk of low birth weight among infants born to women who received multimicronutrients during pregnancy compared with placebo (relative risk [RR] 0.81, 95% confidence interval [CI] 0.73–0.91) or iron–folic acid supplementation (RR 0.83, 95% CI 0.74–0.93). Birth weight was significantly higher among infants whose mothers were in the multimicronutrient group than among those whose mothers received iron–folic acid supplementation (weighted mean difference 54 g, 95% CI 36 g–72 g). There was no significant differences in the risk of preterm birth or small-for-gestational-age infants between the 3 study groups. Interpretation: Prenatal multimicronutrient supplementation was associated with a significantly reduced risk of low birth weight and with improved birth weight when compared with iron–folic acid supplementation. There was no significant effect of multimicronutrient supplementation on the risk of preterm birth or small-for-gestational-age infants. CMAJ • June 9, 2009; 180 (12). doi:10.1503/cmaj.081777.

New York State Education Law, section 6551(1) defines the practice of chiropractic as:

The American Chiropractic Association (ACA) obtained on June 5 a draft bill designed by Sen. Edward M. Kennedy (D-Mass.), chairman of the Senate Committee on Health, Education, Labor and Pensions (HELP). This opening salvo is the first of many pieces of health care reform legislation that will be debated in the coming months within the U.S. Senate and House of Representatives. The ACA Board of Governors discussed the draft June 6 during a previously scheduled meeting. The ACA government relations department is carefully reviewing the bill. According to ACA’s government relations staff, the bill, titled the “American Health Choices Act,” would direct individuals and businesses to obtain health care insurance. The draft contains language creating a federally-sponsored “public plan” that would compete with private insurers. The public plan aspect of the legislation is troublesome to Republicans, many of which have declared that a public plan would wipe out current private insurance; however, the public plan option recently gained approval by the Obama administration. Other major provisions in the draft bill include: -----Providers and hospitals that serve patients under the new public plan would be paid 10 percent above current Medicare rates. -----Premiums will cover most of the costs associated with the public plan. -----New insurance exchanges called “Gateways” would be created to enable individuals to shop for insurance, similar to how consumers shop for air fares on Internet travel sites. -----Federal subsidies for mid- to low-income families to purchase insurance. The bill does not include specific language regarding physician status or services that would be available under the public plan. Instead, a new “Medical Advisory Council” would decide a schedule of services considered “essential health care benefits.” Each year, the council would issue new recommendations, which would take effect automatically unless rejected by Congress. The HELP Committee is scheduled to address the bill the week of June 15. The other Senate committee of jurisdiction, Finance, is looking to address health care reform sometime later in June. The House of Representatives is planning to address health care reform throughout the summer and pass a bill before the August recess. ACA urges all doctors of chiropractic to continue to contact their legislators in Washington and demand that chiropractic interests are protected in any health care reform plan developed on Capitol Hill. Doctors of chiropractic and state associations are also strongly encouraged to enlist their patients and other chiropractic supporters in the ChiroVoice advocacy network. ACA will continue to issue updates on pertinent reform activities as they become available. Stay informed throughout the national health care reform debate via:

According to a newly released patient survey by a leading consumer group, chiropractic is the top rated treatment for back pain. Of the 14,000 survey respondents who suffered from back pain in the past year, 58 percent rated chiropractic/spinal manipulation as helping a lot. When asked how satisfied they were with practitioners, 59 percent of respondents said they were “highly satisfied” with the back pain treatment received from their doctors of chiropractic whereas only 34 percent said the same about their primary care physicians. Most survey respondents had, on average, tried five or six different treatments for their back pain. Click on the link below to watch a report from CBS News:

The New York State Chiropractic Association asks members to support the ACA chiropractic advocacy network, ChiroVoice.org (ChiroVoice). Through this chiropractic advocacy network, patients and chiropractic supporters can stay informed about important health care issues and contact their legislators in Washington. Chiropractic supporters will be able to educate policymakers about the value of chiropractic and work to positively impact any legislative efforts to reform the current national health care system. ChiroVoice will also enable the NYSCA to mobilize patient support at the state level for legislative action when necessary. Ask your patients to sign up now! (Please be sure to adhere to all HIPAA regulations if signing patients up in your office.) The time is now for ChiroVoice! The opportunity to challenge some of the long standing issues beleaguering our profession. Prevention... Wellness... Fee Parity....Anti Discrimination Statutes, Full Scope Medicare, etc. These are just a few of our issues to be debated in DC. Historically, when given the chance to compete on a level playing field our profession shines. Along the same lines, historically the way we get there is through grass roots activities. The ACA has iniated ChiroVoice. Yet, many docs have not asked patients and staff to sign up. Please take time today to get your patients and staff involved. The Senate is marking up legislation this week and the House in a few weeks. President Obama wants a bill on his desk by the fall if not sooner. We can shape our future. It is said "Inaction has as significant of an impact as action," please don't let inaction cause us to fail. It's up to all of us to get involved, be involved, stay involved and be triumphant...we all benefit! Thanks for your help! Louis Lupinacci, DC, FICC NYSCA Vice President H. William Wolfson, DC, FICC NYS Downstate Delegate

Greeley, Colo.—On May 7, two directors of the National Board of Chiropractic Examiners (NBCE), were honored by the Federation of Chiropractic Licensing Boards (FCLB) who bestowed upon them the 2009 George R. Arvidson Award for Meritorious Service. This award is the highest individual honor presented annually at the FCLB annual meeting. NBCE President Dr. Vernon R. Temple was honored by the FCLB for his exceptional leadership, innovation and service to chiropractic. Dr. Temple was first elected to serve the National Board as District III director in the year 2000. Since then, Dr. Temple has also served on the NBCE Executive Committee as secretary and vice president. He was elected as president of the board in 2007 and will continue in that role until May 2010. Dr. Temple is a graduate of Palmer College of Chiropractic in Davenport, Iowa, and has been in practice in Vermont since 1978. He is a diplomate of the American Board of Chiropractic Orthopedists. He is a former chairman of the Federation of Chiropractic Licensing Boards and has also served as president of the Vermont Board of Chiropractic Examination and Regulation. NBCE Director Dr. Oliver R. Smith, Jr., and outgoing president of the FCLB received an Arvidson Award for his work in financially stabilizing the FCLB and strengthening the organization’s focus. Dr. Smith previously served as president, vice president, treasurer, and District IV director of the FCLB. He served as and NBCE director from 2005-2009 and was elected as director-at-large on the NBCE board in May 2009. He is a past president of the Texas Board of Chiropractic Examiners and received the Keeler Plaque Award in 1997 as an outstanding chiropractic practitioner in Texas. Dr. Smith is a graduate of Texas Chiropractic College. Headquartered in Greeley, Colo., the NBCE is the international testing organization for the chiropractic profession. Established in 1963, the NBCE develops, administers and scores legally defensible, standardized written and practical examinations for candidates seeking chiropractic licensure throughout the United States and in many foreign countries.

BLOOMINGTON, Minn. – The College of Chiropractic at Northwestern Health Sciences University awarded 72 students with doctor of chiropractic degrees during a commencement ceremony on April 17, 2009. The auditorium was filled with students, family members and friends attending the graduation ceremony. Graduates hailed from 13 different states, two Canadian provinces, and one other foreign country. Bachelor of science degrees were also awarded to 22 of the new graduates. The commencement address was delivered by Mary Jo Kreitzer, PhD, RN, FAAN, founder and director of the Center for Spirituality & Healing, University of Minnesota. Anthony Lawther, a Northwestern student and valedictorian from the graduating class, delivered the student greeting. The presidential greeting was presented by Mark Zeigler, DC, president of Northwestern. Northwestern Health Sciences University offers a wide array of choices in natural health care education including chiropractic, Oriental medicine, acupuncture, therapeutic massage and human biology. The University has nearly 900 students on a 25-acre campus in Bloomington, Minnesota.

SENECA FALLS – New York Chiropractic College president Frank J. Nicchi, DC, MS, was recently elected president of the Association of Chiropractic Colleges, (ACC) a consortium of some nineteen chiropractic colleges located in the United States, Canada and New Zealand. According to David O’Bryon, JD, the association’s executive director since 1996, the organization assists its member institutions by providing leadership in chiropractic education, research and service. Nicchi’s election took place during the 2009 Association of Chiropractic Colleges-Research Agenda Conference (ACC-RAC) held in Las Vegas on March 12th. Nicchi has been a member of the ACC Board of Directors since September, 2000 and was previously the organization’s vice president, treasurer and chair of the institutional statistics committee. “I am honored to be the president of the ACC,” Nicchi said. “It’s a vital organization that advances scholarly activity within the chiropractic academic community and promotes high standards throughout the profession.” Dr. Nicchi also serves on the Board of the Academic Consortium for Complementary and Alternative Health Care (ACCAHC) as the ACC representative. This year’s conference also saw the election of Fabrizio Mancini, DC, president of Parker College of Chiropractic in Dallas, as vice president and Richard G. Brassard, DC, president of Texas Chiropractic College in Pasadena, TX, as secretary/treasurer. The fourth member of the executive committee is ACC past-president Carl Cleveland III, DC, of Cleveland Chiropractic Colleges–Kansas City and Los Angeles.

GREELEY, Colo.—On May 8, the National Board of Chiropractic Examiners (NBCE) held its Annual Board Meeting in conjunction with the Federation of Chiropractic Licensing Boards’ (FCLB) 83rd Annual Educational Conference in Hollywood, CA. At the meeting, NBCE delegates elected Dr. Paul N. Morin (ME) as District III Director, replacing Dr. Mary-Ellen Rada (NJ). The delegates re-elected Dr. Norman E. Ouzts, Jr. (SC) as District V Director. Dr. Robin R. Lecy (SD), District I Director; Dr. Donna L. Craft (MI), District II Director; and Dr. Theodore J. Scott (UT), District IV Director will continue their terms. NBCE Directors-at-Large Dr. Vernon Temple (VT), and Dr. N. Edwin Weathersby (AZ) were re-elected to their at-large positions. Dr. Oliver Smith was elected as a new at-large director and NBCE Director-at-Large Dr. Richard L. Cole (TN) will continue his term. The two remaining positions on the 11-member NBCE Board of Directors are filled by the president and vice-president of the Federation of Chiropractic Licensing Boards: Dr. Daniel Saint-Germain (Quebec, Canada) and Dr. Lawrence O’Connor (NJ), respectively, were appointed to serve on the NBCE Board of Directors. The Executive Committee was then elected by the board. Dr. Vernon Temple was re-elected as President, Dr. N. Edwin Weathersby as Vice President and Dr. Theodore Scott as Treasurer. Dr. Richard L. Cole was elected to the Executive Committee as Secretary. Headquartered in Greeley, Colo., the NBCE is the international testing organization for the chiropractic profession. Established in 1963, the NBCE develops, administers and scores legally defensible, standardized written and practical examinations for candidates seeking chiropractic licensure throughout the United States and in many foreign countries.