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INSURANCE LAWS, ISSUES AND LITIGATION

CHIROPRACTIC INSURANCE EQUALITY LAWS

The following laws were passed by ACS between 1990 and 2000. Read letters from key state legislators that were involved by clicking here.

Arizona Revised Statutes 20-461 A.17 and 20-461 Unfair Claims Settlement Practices Act (General health insurance and PPOs)

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

Arizona Revised Statures 20-1057.03. Chiropractic care; definitions (HMO law)

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

INSURANCE ISSUES

ARIZONA CHIROPRACTOR FILES CLASS ACTION SUIT AGAINST UNITED HEALTHCARE, INGENIX, AMERICAN EXPRESS, AT&T, CITIGROUP, DELTA AIR, DISCOUNT TIRE, GM, HOME DEPOT, IBM, METLIFE, PROCTOR & GAMBLE, QWEST, REVLON, SOUTHWEST AIRLINES, WELLS FARGO BANK, AND OTHERS: Thomas Blankenbaker, D.C., operating as Spinedex Physical Therapy, has sued United HealthCare for refusing to pay for medically necessary decompression physical therapy using the VAX-D table. The lawsuit also targes Ingenix for allegedly setting out of network fees at fraudulently low levels. Dozens of the largest self-insured employers are named as defendants as well. You can read the entire First Amended Complaint filed April 7, 2008 here. Sign up for the ACS newsletter in the box at the upper left corner, and return regularly to this page for information about how to join this class action lawsuit, and for further developments.

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.

ACS LAUNCHES PLAN B TO GAIN PARITY WITH COPAYS AND DEDUCTIBLES BY FILING COMPLAINTS WITH ARIZONA DEPARTMENT OF INSURANCE: ACS has launched Plan B to gain parity with primary care physician copayments and deductibles by filing complaints with the Arizona Department of Insurance (ADOI). From the time the Chiropractic Insurance Equality Law ARS 20-461(A)17 and 20-461(B) was enacted in 1990 until 1995, ADOI prohibited the discriminatory copays and deductibles that exist today. In 1995, ADOI tossed out the old interpretations of the law that had been agreed to by the insurance industry. Since then, discriminatory copays and deductibles have been allowed in spite of clear legal language to the contrary. Thus, ACS has initiated a campaign of having doctors file complaints on behalf of patients whenever such discrimination is found. Simply print the letter found here on your stationary, have the patient sign at the bottom, fill in the few simple details on the letter, attach a signed assignment of benefits, and mail all to ADOI at the address listed on the letter. Then, stand by for results!

FEDERAL CLASS ACTION LITIGATION AGAINST BCBS OF ARIZONA: ACS is 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. Arizona chiropractors have learned once again that they can count on ACS to take real action on their behalf.

Arizona Chiropractic Society