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.

How to Address Attorney’s Efforts to Withold Medical Payments Coverage

On April 14, 2021 / Insurance, Medical Payments

Some attorneys unfortunately continue to assert reasons why personal injury patients’ medical payments coverage of their own automobile policy (“PIP”) should not be paid for chiropractic treatment expenses. This latest blog provides an explanation of the more common “reasons” used by these patients’ attorneys and provides some useful insights on how to effectively respond to these legal assertions.

Practical Use of Telehealth by D.C.’s

On October 15, 2020 / Claims, Standard of Care, Telehealth

The rapid growth of telehealth also provides opportunites for chiropractors to consult with patients regarding certain concerns. This article explores the practical aspects of both the types of services which chiropractors can offer to their patients and ways of billing insurance for those vital telehealth services.

Legal Factors of Telehealth for Wisconsin Chiropractors

On June 24, 2020 / Marketing, Standard of Practice, Telehealth

In light of the recent pandemic, there has been an increased use by the public of “telehealth” with their medical providers. This development has motivated Wisconsin chiropractors to begin considering the use of this procedure in their own unique practices. This new standard of practice would ultimately be regulated by the state’s Chiropractic Examining Board. There are at least four legal areas of concern with the current regulations which impact the practice of telehealth for chiropractors in this state.

How A Chiropractor Can Obtain Patient X-Rays

On January 22, 2019 / Adjunctive Services, delegation, Standard of Practice

A Wisconsin chiropractor recently presented a question on how a patient’s X-rays can be obtained. Although the question, at first, appears fundamental in nature, the analysis of the matter can become relatively complicated after consideration of the State’s evolving approach to delegated services and the interplay of multi-disciplinary practices. On a basic level, most D.C.’s understand that they are allowed to rely on imaging in order to evaluate a patient before a spinal adjustment or manipulation for purposes of determining any contraindications or complicating factors associated with the chiropractic treatment. However, the manner by which the imaging is performed can become more challenging to the chiropractor in light of both statutory and administrative rules. Upon careful evaluation of both, there are basically four (4) means by which the patient’s X-rays can be performed:

Five Things For D.C.’s to Know About New Delegation Code

On November 18, 2018 / CT's and CRT's, delegation, Standard of Practice

After extensive work by the Wisconsin Examining Board, a new Chapter 10 of the Administrative Code became effective on August 1, 2018. This chapter of the Code broadly addresses the chiropractor’s delegation of certain patient services to Chiropractic Technicians (“CT’s”) and Chiropractic Radiological Technicians (“CRT’s”). As with any Administrative Code provisions, there are legal implications within the Code which influence the doctor’s standard of practice. There are at least five important aspects of the new Code provisions which a doctor should be particularly aware of in their practice:

Examining Board Considers Significant Changes to Code Affecting Profession

On October 2, 2018 / Adjunctive Services, delegation, Proposed Legislation, Standard of Practice

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”,

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

On July 11, 2018 / Insurance, Medical Payments

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:

Addressing Patient Threats of Injury or Violence

On March 13, 2018 / Standard of Practice

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.

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

On December 12, 2017 / Board Meetings, Standard of Practice

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.

Letter of Protection … Or Else

On October 13, 2017 / Insurance, Letter of Protection, Medical Payments

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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