ICA Congressional Initiatives Seek to Open Up New Access to Chiropractic Services

FROM THE INTERNATIONAL CHIROPRACTORS ASSOCIATION
EXCLUSIVE TO CLINICAL CHIROPRACTIC JULY 9, 2001

Legislation has been introduced in the U.S. House of Representatives at the request of the International Chiropractors Association aimed at opening up new access to chiropractic services for upwards of 20 million Americans through the Medicare and Federal Employees Health Benefits programs. These two initiatives represent responsible, practical and affordable policy enhancements that, when enacted, will make a major difference in the chiropractic economy in the United States and in the quality of health care and quality of life for millions of our citizens.
MEDICARE: H.R. 2284, introduced by Representative John Lewis (D-GA), will expand the list of services reimbursed under Medicare to include examinations and x-ray services. This landmark bill will also provide that only doctors of chiropractic are authorized to deliver chiropractic services under Medicare.

“This important legislation represents a major step forward for the chiropractic patient in that it removes the practical barriers that have kept millions of Medicare beneficiaries from realistic access to chiropractic services,” said ICA President Dr. D.D. Humber. “In order to provide the care our senior citizens need, examinations and imaging procedures such as x-rays are absolutely essential for the provision of quality chiropractic care. When seniors discover that Medicare only pays for the adjustment, too many make the painful decision not to seek chiropractic care because they simply cannot afford to pay for those key elements in the chiropractic care program. This bill will open the door for those millions of citizens.”
Representative John Lewis, a longtime chiropractic advocate in the U.S. House, stated in a letter to his Congressional colleagues that:
“The Medicare Improvement Act of 2001”, will add an important element of fairness and equity in the Medicare program for those patients whose healthcare needs can best be met through chiropractic services and whose health orientation and/or individual needs preclude the standard, expensive, invasive, drug-based and often high-risk traditional medical procedures. Medicare is not a public assistance program; it is an individually funded health program for which citizens pay all their working lives. Citizen needs and citizen choices deserve to be protected and expanded at every opportunity.
This legislation is designed to make chiropractic services accessible to more of our senior citizens, on an equitable and competitive basis. I believe that each of our citizens should have access to the health care services of their choice. This is particularly true in the area of chiropractic because of the highly cost-effective, drug-free, natural approach to health and healthcare that chiropractic care offers. There is no doubt that those Medicare beneficiaries who seek the care of a doctor of chiropractic would, if they did not have that option, be seeking standard medical care, often involving highly expensive specialists. Thus, rather than costing Medicare more, this bill will end up saving Medicare money.”
“ICA supported the introduction of this piece of legislation because such a targeted list of services is the only way new benefits are likely to be added for the chiropractic Medicare patient,” said ICA President Dr. D.D. Humber. “Other legislative efforts that would have provided for full scope inclusion have, after a period of years, not been successful. ICA has been frankly advised by senior Members of Congress that only a targeted, specific list of new benefits has a chance of passing the current Congress. In the best interests of the profession, ICA has heeded this advice.” H.R. 2284 represents the elderly chiropractic patient’s best hope for a major expansion of the list of chiropractic services Medicare will pay for.
The Lewis bill specifically provides for the following improvements in the current Medicare program:

A. It would change the current law by the inclusion of the following statement: “Chiropractic services may only be furnished under this title by a doctor of chiropractic.” At the present time, managed care plans have been allowed under Part C regulations to substitute “chiropractic like” procedures delivered by physiatrists, DOs and other non-chiropractic providers to fulfill the obligation on Medicare’s part to cover chiropractic care. This amendment to the current law would close this loophole and guarantee the honest provision of real chiropractic services. No other proposal before this Congress would achieve this vital goal.

B. It would require payment for “Diagnostic x-ray tests.”

C. It would provide for payment for “Such other appropriate chiropractic examination procedures that the Secretary identifies by regulation.”

D. It would require the Secretary of Health and Human Services to consult the chiropractic profession in a “negotiated rulemaking process,” before regulations outlining additional reimbursable chiropractic services are finalized, thus guaranteeing a voice in the final shape of the rules governing the proposed new benefits. This provision is a powerful protection against any prejudicial interpretation by the Secretary.

E. It would further establish the unique service of the “chiropractic adjustment by amending the law identifying those chiropractic services authorized for reimbursement to read, “...chiropractic adjustment or manual manipulation of the spine to correct a subluxation.” The current law only specifies “manual manipulation” which has widely been interpreted as a generic procedure which might be applied by a wide range of providers. Under the new proposal, only a DC can administer a chiropractic adjustment.

F. It provides for the establishment of a legal obligation to pay for examinations and x-rays for Medicare beneficiaries, opening up meaningful access to chiropractic services for more than 10 million senior citizens who, at the present time, are unable to pay for those necessary services out of pocket, and have no supplemental insurance. Medicare presently covers 39 million beneficiaries and administers the nation’s largest health insurance program, at a cost of just under $200 billion.
ICA has studied the legislative situation and conferred with a wide and diverse group of analysts and authorities, including Members of both Houses of Congress, and concluded that the approach taken in H.R. 2284 represents the best chance for new benefits under the Medicare program. “The post-tax-cut atmosphere in Congress has both parties looking more closely than ever at the costs associated with any new spending initiative,” said Dr. Humber. “We have been bluntly told that Congress simply will not pass an open-ended benefit expansion for chiropractic services based on state scope, both because of the cost and because Congress will not saddle HCFA with a chiropractic services program that is different in every state.”
The chiropractic profession is facing the traditional battle for scarce federal funds, a struggle massively complicated by the current debate over a Medicare prescription drug benefit. ICA is determined, however, to use this new drug spending issue to promote the expansion of a more cost-effective, natural care choice through chiropractic. “ICA is asking the entire chiropractic profession to get behind the prompt passage of H.R. 2284 because the window of realistic opportunity is very limited,” said Dr. Humber. “Only a massive grass-roots campaign involving chiropractic practitioners, students and, most importantly, Medicare patients, will bring this bill to a successful conclusion.”
In this Congress, when the nation is contemplating the investment of billions more in Medicare to fund a prescription drug benefit, ICA believes it is only fair and proper to make additional provisions for enhanced care for those hundreds of thousands of senior citizens who, for reasons of conscience, religion or their own health situation, cannot or choose not to take drugs. Chiropractic, because of its focus on the structures of the spine and nervous system and how they interact, offers one of the most valued elements in the quality of life of our senior citizens, help in maintaining mobility. As well, because chiropractic is a drugless science, it offers a choice that preserves clarity of mind.
ICA is asking all who are interested in fairness and equity in the Medicare program to write their Congressional Representatives and urge their support for H.R. 2284 as a co-sponsor of the bill.
FEDERAL EMPLOYEES HEALTH BENEFITS: HR 2087, the Federal Employees Access to Chiropractic Health Care Act of 2001, was introduced at ICA’s request on June 4, 2001 by Vermont Representative Bernard Sanders. This important initiative will enhance the quality of care and increase competition in federal employees health benefits programs by insuring that beneficiaries in these programs have the right to access chiropractic care if they feel it best meets their health care needs. This patient choice bill represents an important step forward in insuring that federal employees have the widest possible range of health care choices. This bill also is intended to enhance competition in federal health care programs since chiropractic services are highly cost-effective, and represent a highly effective, drug-free, natural approach to health and healthcare that no other profession offers.
Beneficiaries of these programs who seek the care of a doctor of chiropractic would, if they did not have that option, be seeking standard medical care, often involving highly expensive specialists. Study after study has affirmed the cost effectiveness of chiropractic care. Thus, rather than costing more, this bill will end up saving the taxpayers money. This bill does not mandate new services, it allows the nine million beneficiaries of these plans to choose from a wider range of providers, including the proven, highly effective option of chiropractic care.
The International Chiropractors Association urges all in the chiropractic profession to contact their Members of the U.S. House of Representatives and urge them to contact Rep. Sanders and ask to be added to the co-sponsors list for HR 2087.
Additional details of these important initiatives, along with model letters and informational materials are available via ICA’s website at www.chiropractic.org, or on request by calling ICA at 1-800-423-4690. You can also find your Congressional Representatives via ICA’s website through the Congressional Action Center in ICA’s Legislative Affairs section.

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