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Healthcare Update


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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