ACS has launched a plan to gain parity with MD and DO copayments and deductibles by filing complaints with the Arizona Department of Insurance (ADOI). The Chiropractic Insurance Equality Law ARS 20-461(A)17 and 20-461(B), enacted in 1990, has always prohibited the discriminatory copays and deductibles that exist today. In the past few years, ADOI has simply elected to stop enforcing the law. Discriminatory copays and deductibles have been allowed in spite of clear legal language to the contrary. Thus, ACS has initiated a multipronged effort including a campaign of having patients file complaints whenever such discrimination is found. If you have a patient willing to participate, contact Dr. Immerman directly at 602-368-9496 and he will walk you and the patient through the process. ADOI has made the process so cumbersome that it is nearly impossible to successfully file a complaint without this level of guidance. With some help however, it really is not that hard at all.

ACS RETAINS TOP INSURANCE LAWYER TO SUE ADOI

ACS has retained attorney Frederick C. Berry, Jr to sue ADOI to lower copays and deductibles in Arizona. He is a former ADOI Deputy Director and now a top Arizona insurance lawyer with 33 years experience. Ten years ago, he won in a landmark case against ADOI in the Arizona Supreme Court. Link to Mr. Berry’s comprehensive webpage.

LOUISIANA DIRECTIVE 503: A MODEL FOR ARIZONA

The Louisiana Department of Insurance in 2008 issued Directive 503 to implement its chiropractic insurance equality law which is modeled after Arizona's law, see below. ACS has asked the Arizona Department of Insurance to implement a similar order in Arizona since this would end current insurance discrimination with copayments, coinsurance and deductibles which are much higher for chiropractic than MD or DO care. Read the full Directive 503 here.

CHIROPRACTIC INSURANCE EQUALITY LAWS

Read the August 1990 AzCA News Special Collectors Edition Insurance Equality Law Signed July 3, 1990. Also, read these important letters from key state legislators who were involved by clicking here.

Arizona Revised Statutes 20-461(A)17 and 20-461(B) Unfair Claims Settlement Practices Act: created insurance equality for chiropractic in all individual and group health insurance and PPO plans. Here are 4 background newspaper and trade publication articles:

"The Battle Against BCBS Rages On," CAA Insight, 1988, launched fight that resulted in passage of law

"Hearing planned for claims feud," 1988 newspaper article about legal battle between chiropractors and BCBS

"Chiropractor sues BCBS over limit reimbursement," 1988 newspaper article about lawsuit filed by Dr. Immerman against BCBS

"BCBS sues CAA so need contributions," BCBS countersued the Arizona chiropractic association

Arizona Revised Statures 20-841.01. Prohibiting denial of chiropractic contract benefits; direct reimbursement

Arizona Revised Statures 20-1057.03. Chiropractic care; definitions: requires all HMOs to cover at least 12 medically necessary chiropractic treatments per year. Here are 4 background articles from newspapers:

"HMOs need to offer patients more choice," 1995 Phoenix newspaper editorial by Dr. Immerman which started legislative campaign to include chiropractors in HMOs

"HMO reform gets crucial backing," 1999 Arizona newspaper article about HMO reform with chiropractic inclusion

"Health bills to nudge insurance coverage," 2000 Phoenix newspaper article

"Power to Patients," 2000 newspaper article on HMO reform

Arizona Revised Statutes 20-1376.01. Prohibiting denial of chiropractic contract benefits; direct reimbursement

HEALTH CARE PROVIDER LIENS

Arizona Revised Statutes 33-931. Lien of health care provider on damages recovered by injured person receiving services; hospital priority

Arizona Revised Statutes 33-932. Perfecting lien; statement of claim; recording; effect

Arizona Revised Statutes 33-933. Recording and indexing lien claim

Arizona Revised Statutes 33-934. Release of claim by injured person ineffective as to lienholder; action to enforce lien

Arizona Revised Statutes 33-935. Workers' compensation cases exempted

Arizona Revised Statutes 33-936. Release of hospital lien; liability

ACS JOINS LAWSUIT AGAINST UHC AND INGENIX

ACS, Spinedex Physical Therapy U.S.A., Inc., and two health plan participants are currently the named plaintiffs in a class action lawsuit against United Healthcare (and related entities)Vfor refusing to pay for medically necessary spinal decompression therapy. The lawsuit also targets Ingenix for allegedly setting out of network fees at fraudulently low levels. Dozens of group health plans sponsored by large employers are named as defendants as well. Read the Second Amended Complaint filed July 9, 2008 here.

The New York Attorney General has also taken similar legal action. You can read all about it here. Ingenix sets out of network rates for almost the entire health insurance industry, and the NY AG and Spinedex PT have alleged they have done so in a fraudulent manner.

FEDERAL CLASS ACTION LITIGATION AGAINST BCBS OF ARIZONA

ACS was a plaintiff in a federal class action lawsuit against many BCBS plans including BCBS of AZ, regarding unfair claims practices. You can read the entire lawsuit in its two parts here and here. ACS is listed as "Independent Chiropractic Physicians" since that was its name when the organization joined the lawsuit. The judge recently dismissed the lawsuit and issued an order which you can read here. ACS and its attorneys are now contemplating their next move. ACS takes real action on behalf of Arizona DCs.