Serving Chiropractors and Their Patients

Blog

Chiropractic Law’s blog (or “CL Blog”) is this website’s location to find informative and insightful entries posted by attorneys and other contributors. To learn more about those attorneys and contributors, please visit our contributors pages where you can also obtain contact information. Blog entries will be posted periodically on a wide range of issues of relevance to the chiropractic profession. The identity of the attorney or contributor posting on the blog is referenced with each entry.  Your feedback on all blogs is always appreciated.

Important Notice: Please read the disclaimer when using this website. All material presented on this website is intended for general informational purposes since the services of a competent professional, should be sought for any specific legal needs. Use of this website and transmission of resources and other information does not create or constitute an attorney-client relationship with any attorney contributing to this website.

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Examining Board Considers Significant Changes to Code Affecting Profession

During recent meetings, the Chiropractic Examining Board has been evaluating more significant changes to the Administrative Law Code controlling chiropractic in this state.  This is part of an ongoing effort by various regulatory boards to comply with the Governor’s request that existing administrative laws be reviewed and updated.  The Board has already made relativity uncontroversial updates to Chapters 1, 3, and 11, but is beginning to evaluate more pronounced changes to chapters 4 (“Practice”), 10 (Delegation), and eventually 5 (Continuing Education) and 12 (Nutritional Counseling).  The Board’s actions with these chapters of the Code will have a more significant impact upon the  chiropractor’s standard of practice and should be carefully monitored by all interested doctors. With regard to Chapter 4, the Board considered changes which dramatically simplify the text, but leave open for future interpretation those techniques, procedures, and instruments which can be used in the course of a doctor’s practice.  Initially, the Board approved a scope statement to insert into the code the definitions of “chiropractic science”  and “practice of chiropractic” based upon existing language from the statutes (Chapter 446).  Significantly, this statutory language replaces administrative code language from 1985 and excludes reference to “spinal subluxations”,  “nerve energy expression”,

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How to Obtain and Prioritize the Use of a Patient’s Medical Pay Coverage

Chiropractors are often faced with the situation where they are treating a patient who has medical payments coverage under an automobile policy, or similar “personal injury coverage protection” (Often referred to as “PIP”)  During the course of care, either the patient or their attorney will occasionally request that the Doctor bill an insurer other than the medical pay provider.  As a consequence of such a request, the reimbursement rate is frequently unavailable or lower under another form of insurance coverage.   A contributor at this website, David Michel of Petty, Michel, and  Associates, a leading chiropractic consulting group, recently provided insightful information on how to address this situation involving “medical pay”coverage.  Those comments are stated below:

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Addressing Patient Threats of Injury or Violence

Particularly at this time of tragic school shootings and heightened sensitivity for public safety,  chiropractors are interested in properly responding to patients who threaten injury to themselves or others.  There is currently no express legal duty on the part of chiropractors to report these patients to law enforcement or others.  Unfortunately, there is also very little other directive for the Wisconsin chiropractor on how to handle these situations.  This article offers some practical suggestions on how to deal  with this critical situation.

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Examining Board Holds Public Hearing on Latest, Proposed Changes to Code

The Chiropractic Examining Board will hold a public hearing on December 21, 2017 to consider its latest, proposed rule changes to the Administrative code relating to chiropractic.  This time, changes are being proposed to Chapters 1, 3, and 11 of the Code.   These changes are not as dramatic as those proposed earlier this year involving the roles of CT’s and CRT’s together with the  delegation of adjudicative services.  This latest BLOG will review all of the latest proposals with an analysis of their impact on the profession.

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Letter of Protection … Or Else

Doctors are increasingly facing situations where either the patient or their legal counsel is delaying or deliberately avoiding payment for ongoing treatment charges. This often occurs when the patient is receiving extended care and insurance benefits have been exhausted or their attorney diverts medical payment benefits of an automobile policy to other parties besides the treating chiropractor. (A Blog on this type of action by attorneys was previously presented on March 19, 2013) In these type of situations, there is one reliable option available to the doctor which should be considered to insure future payment for services.

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Over-the-Counter Medication Debate Needs Accuracy and Transparency

The Wisconsin Chiropractic Association’s (“WCA”) most recent legislative initiative has once again caused division within the profession and was initiated without accurate and open discussion of the issue.  This time, the WCA sought to use the budget reconciliation process as a means of surreptitiously obtaining an amendment that would allow Wisconsin chiropractors to advise and counsel patients on the use of over the counter medication.  (“OTC”) Although the initiative appears to be “dead” for now, this manner and method of introducing dramatic changes in the scope of chiropractic has to be done accurately and openly in the future in order to unite, rather than further divide, doctors within the state. First, the profession requires accuracy with important changes of this nature. In advancing the proposal, the WCA disseminated information that doctors cannot “advise and counsel” on OTC within this state’s current scope of practice.  Depending upon the definition of these terms, this position can be disputed for several reasons, including: The statute broadly relied upon by the WCA for prohibiting treatment by drugs, more specifically references  the definition for that word to only include those “drugs” listed in s. 450.01(10) of the statutes.  Those “drugs” listed do not include many

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WCA’s 2017 Legislative Initiative Into Accupuncture

In April, 2017, the Wisconsin Chiropractic Association (“WCA”) submitted proposed legislation which primarily addresses four matters. Before addressing an aspect of the Bill which is controversial, it should be noted that three of the matters are not widely disputed within the profession and; in fact, seek to legislatively confirm activities which are already practiced by state chiropractors. Those legislative matters involve: (1) the ability to perform physical examinations for athletes participating in school athletics, (2) ability to delegate patient services to other licensed health care providers and, (3) administrative code changes confirming the ability to perform DOT examinations and “invasive laser applications”.

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5 Major Legal Factors to Consider With Worker’s Compensation

There have been recent changes in Wisconsin’s workers compensation law which may impact a patient with this type of claim. The chiropractor treating these types of patients should be aware of various legal implications of the law, including these five major factors:

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How to Reactivate Prior Patients

An important tip for any new year involves methods to activate prior patients into new patients. Some methods are provided in this blog.

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Gift Giving to Patients

Particularly at this time of year, many doctors consider providing a gift or other form of renumeration to a patient. Over the years, we have seen that the contemplated gift can come in a variety of forms and amounts. Although the motivation for a gift if well founded, doctors must be careful in their gift giving. There are both state and federal limitation on the nature of gift giving by a physician. In a recent directive, the OIG clarified what gifts will be regarded as acceptable and which should be avoided.

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