Veteran
Attorney McAndrews Fights for Trigon Appeal before Three-Judge Panel
American Chiropractic Association’s
General Counsel George McAndrews pulled out all the stops Feb. 24 to convince
a federal three-judge appellate panel that insurance giant Trigon Blue Cross
Blue Shield conspired to discriminate against doctors of chiropractic. During
the hearing in Richmond, Va., before the U.S. Court of Appeals for the 4th Circuit,
McAndrews presented oral arguments laying out the reasons why he believes the
case deserves to be sent back to the district court for trial.
During the hearing, McAndrews and attorneys for Trigon each had a total of 20
minutes to state their cases and respond to questions from the judges. McAndrews
used 14 minutes of his time to present evidence that Trigon had altered the
federal government’s 1994 guidelines on acute low back pain to remove
reference to chiropractic-style spinal manipulation—purely for economic
reasons. Trigon’s new referral guidelines, co-authored by representatives
of most of the state’s medical physician trade associations and medical
schools, effectively directed lower-back patients away from chiropractors and
to pharmaceutical treatment by medical doctors, he said. McAndrews then saved
his six remaining minutes to use for rebuttal following Trigon’s presentation.
A decision about the case from the appellate court could be rendered within
one to six months after the oral arguments. A full transcribe of the oral argument
is available on the ACA’s website.
Speaker of the House, HHS Secretary Applaud Chiropractic at ACA’S National Chiropractic Legislative Conference
U.S. Speaker of the House
Dennis Hastert and Health and Human Services Secretary Tommy Thompson each paid
visits to the American Chiropractic Association’s 29th annual National
Chiropractic Legislative Conference. They acknowledged the contributions of
doctors of chiropractic to our nation’s health care system and to encourage
ACA members to continue their powerful grassroots lobbying efforts. ACA also
welcomed more than a dozen members of Congress to the conference.
From March 3-6, over 450 doctors of chiropractic, chiropractic students and
chiropractic supporters converged on our nation’s capital to hear stirring
speeches from these government leaders and to urge elected leaders to support
chiropractic legislation. Some of the central issues addressed at this year’s
NCLC include prompt implementation of the Medicare chiropractic demonstration
project; restoration of the Department of Defense’s Chiropractic Advisory
Panel and extension of chiropractic care to military retirees, beneficiaries
and survivors; fairness for doctors of chiropractic in the National Health Service
Corps; and implementation of the chiropractic benefit for veterans as approved
by Congress.
Proposed Legislation Would Completely Change the Supplement Industry
Despite its name, the Dietary
Supplement Safety Act of 2003 would allow no more consumer protection than current
law provides. It will, however, grant the Food and Drug Administration more
authority. Introduced by Senator Dick Durbin (D-Ill.) in March 2003, S-722 will
enable the FDA to control which supplements the public may purchase.
Without opposition, this bill can easily be added to existing Senate legislation
at any time, posing a serious threat to the Dietary Supplement Health and Education
Act (DSHEA) and the public’s freedom of choice in health care. The FDA
currently has all the necessary enforcement power to protect the public from
unsafe or illegal dietary supplements. They currently have the authority to
regulate the types of ingredients that can be used in dietary supplements, the
potency and purity of those ingredients and the claims that can be made on behalf
of these products. This bill would subject nearly all vitamins, minerals, herbal
products and other supplements to a level of scrutiny that is unwarranted, unnecessary
and expensive. It completely undermines the primary goal of DSHEA to restrain
the FDA’s historical abuse of discretionary authority over dietary supplements.
A similar bill has been introduced in the house nicknamed the “Son of
Durbin” bill, HR 3377, the Dietary Supplement Access and Awareness Act,
which would grant the FDA authority to treat your supplements likes prescription
drugs through control of manufacturing, labeling and selling practices.
Governor of California Arnold Schwarzenegger was the featured speaker at ICA’s Fitness Symposium
For the 12th consecutive
year, California Governor Arnold Schwarzenegger spoke at the International Chiropractor’s
Association’s Symposium on Natural Fitness held March 5-6 in Columbus,
Ohio.
Speaking to over 400 participants, Governor Schwarzenegger told the crowd, “I
am honored to be back with you and to celebrate this great weekend once again.
We share a common mission, and that is health and fitness for everyone. I look
forward to doing this with the ICA for many years to come.
“Many people have asked me why I would give up all of the benefits of
being a movie star, the attention, the $30 million per movie and also the freedom
as a private citizen to become governor of California,” said Schwarzenegger.
“I can tell you that being governor is the best thing I could ever be
doing because helping people, serving all of the people and making a difference
in people’s lives means more to me than walking down a red carpet at another
movie premiere. It is just like what you do as chiropractors; [you] make a difference
by helping people heal and feel better, making it possible to live fuller lives.
This I know from my own experience with chiropractic and I am very grateful
for what you have done for me and for so many millions of people around the
world.”
42 Military Bases and Counting: How D.C.s Can Get Hired To Care for Our Troops
On Nov. 24, 2003, U.S. President
George Bush signed into law the National Defense Authorization Act, legislation
approved by Congress that includes an ACA-backed provision (Section 711) ordering
the Pentagon to speed up implementation of the chiropractic care benefit authorized
for America’s active-duty military service personnel. Since 1995, Congress
has approved six separate ACA-backed bills aimed at making chiropractic care
available to our troops.
Although the military’s medical bureaucracy continues to try to impose
new barriers to chiropractic care, DCs are now treating soldiers, sailors, airmen
and Marines in 42 military health facilities across the U.S., including Bethesda
Naval Medical Center, Walter Reed Army Medical Center and Andrews Air Force
Base.
In 2004, the Defense Department is expected to make chiropractic care available
in a new group of facilities and to provide for the hiring of more DCs. Those
interested in applying for a position in the military health system should contact
the Naval Medical Logistics Command at (301) 619-2157 to find out what positions
are available and where those positions will be announced.
Chiropractic Care for Infertility Makes National News
A press release about research
into chiropractic and fertility has attracted widespread media, generating news
reports on television and in the press. Madeline Behrendt, D.C., lead researcher
for the series of articles in the Journal of Vertebral Subluxation Research,
was spotlighted on a special syndicated television news feature.
The 12 studies in the series found that chiropractic had positive results regardless
of the woman’s age, number of infertile years, previous medical intervention
or health history including miscarriages, blocked fallopian tubes, amenorrhea,
colitis or trauma.
Among the cases cited in the first JVSR study was that of a 32-year-old infertile
woman who had not menstruated for 12 years. The woman had undergone a number
of medical infertility treatments, but still could not conceive. After two months
of chiropractic care, with attention on adjustments in the lumbar region, her
menses started, and after regular cycles for four months, she became pregnant.
Behrendt noted, “Essential to all processes of life is the nervous system,
which perceives the environment and coordinates the cellular community’s
biological response to the impinging environmental stimuli. It is reasonable
to consider that a system that is properly functioning to its potential may
resist destructive forces more successfully and with less damage.”
More Competition in Chiropractic Education
The month of March was big
news for chiropractic in Florida, with Governor Jeb Bush signing into law a
KidCare bill that among other tasks, set forth $9 million to establish a school
of chiropractic at Florida State University. The school has been hotly contested
by chiropractic detractors in op-ed pieces around the state, though many of
the detractors have followed a political line, calling the new school a “pork
barrel” project. Chief support for the bill came from chiropractor and
Senate Majority Leader Dennis Jones (R-Seminole, Fla.).
A preliminary study performed by Florida State University and commissioned by
the 2000 Florida Legislature endorsed the need for a chiropractic college after
finding that complementary and alternative medicine (CAM) has been a fast growing
part of the health care, with “$20 to $30 billion per year in consumer
expenditures” and that chiropractic is a top sector of CAM, accounting
for “approximately $8 billion per year in health care expenditures.”
The $9 million creation of the chiropractic school was part of a $30 million
package that also gave $15 million for an Alzheimer’s research center
and another $5 million for a biomedical research center.
Connecticut Congresswoman Recognized by ACA
U.S. Representative Nancy Johnson (R-Conn.) was awarded the 2004 Health Care Leadership Award by the American Chiropractic Association at their National Chiropractic Leadership Conference held in March in Washington, D.C. She was recognized by ACA President Donald Krippendorf, D.C., for fighting for health issues in her state and at the national level. Johnson was instrumental in the pilot projects that will test access to chiropractic services through the recent Medicare act.
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