Doctors DeGeorge and Gambale both graduated from Palmer College of Chiropractic in Davenport, Iowa. They have been in practice together for ten years. Both were past presidents of the Pettibon Biomechanics Club at Palmer College and have taught spinal biomechanics/biophysics throughout the country for the last seven years. They are responsible for the first research papers ever published in JMPT by Palmer College students. They practice CBP® technique and are CBP® certified instructors.

      Presently, Drs. DeGeorge and Gambale are the inventors of the Compression Extension Traction Table as well as the Spine Aligner adjusting table. Three studies have been published (one at SPINE and two at JMPT) from studies done at their office.

      Drs. DeGeorge and Gambale have now implemented a program to help other doctors gain more from their own practices.

 

AJCC Jan 2000

The IME Game: Reverse Denial Decisions

by Dwight DeGeorge, DC & Anthony Gambale, DC

Most Doctors of Chiropractic express serious stress and frustration over the abuse of the IME process. Once a case has been stated for slated for an IME, it usually is the kiss of death for that patient’s treatment program at your office. I personally had all but given up on fighting to get our claims paid. Dr. DeGeorge, instead of getting angry and frustrated, set out to use the system that the insurance companies have set up to his advantage. He has continued to refine our responses to IME reports to the point where we actually are getting paid on most of our cut off cases. I thought I would take you through one example of the IME game. This particular case is representative of most and shows that you can reverse a denial decision. The following are a series of correspondences we had with an insurance company. The names have been changed to maintain the privacy for all involved.

 

November 25, 1998

Dear Ms. Jones:

      Jane Smith was first seen in this office on 11/25/98 for examination and treatment of injuries she sustained in a motor vehicle accident, which occurred on 11/24/98. Here at this office, Jane received a complete orthopedic, neurological, x-ray, and chiropractic evaluation.

 

DIAGNOSIS:

847.0 Cervical Sprain/Strain, 784.0 Headache, 729.1 Cervical Myalgia, 847.2 Lumbar Sprain/Strain, 737.34 Thoracic Myalgia, 724.2 Low Back Pain, 781.9 Abnormal Posture.

 

TREATMENT PROGRAM

INITIAL INTENSIVE CARE:

1.  Spinal manipulation to decrease nerve irritation and increase mobility.

2.  Cryotherapy to reduce inflammation and pain.

 

CORRECTIVE CARE:

1.  Specific spinal adjustments to correct spinal misalignments.

2.  Therapeutic exercises to strengthen weakened muscles and aid in maintaining adjustments.

3.  Traction to re-educate spinal ligaments, to also aid in maintaining corrections.

 

      Jane Smith has been totally disabled from participating in her normal activities from 11/25/98 through the present time.

      If you have any questions, please contact this office.

      Sincerely,

      Dr. Anthony Gambale                     

       Dr. Dwight DeGeorge

      ADVANCED CHIROPRACTIC              

Dear Ms. Jones:

      Today I examined Jane Smith, a 53-year- old female, who was involved in a motor vehicle accident on November 24, 1998.

 

REPORTED HISTORY

      Ms. Smith states that on November 24, 1998, she was the restrained front seat passenger of a vehicle that was at a complete stop at a red light when it was hit from behind. The vehicle did not hit any other vehicle or object. The examinee did not strike any body part. She did feel her neck snap forward and backward. Within a minute, she had neck and shoulder pain. She was driven home and the next day she consulted Dr. DeGeorge, a chiropractor, who examined her, took x-rays and began a course of chiropractic care consisting of manipulation and ice, originally four days per week. She continued four days a week for a few weeks, then three days a week to two days a week and currently she sees Dr. DeGeorge approximately once or twice a week and states the care has been very helpful.

      The examinee is employed as a pediatric nurse in pediatric home care. She missed one day’s worth of work and is doing her regular work. Currently she reports mainly tightness in her neck and shoulder radiating to the mid thoracic region. There were two incidences of arm pain and hand pain but that has since resolved with no numbness or parasthesias in her arms or legs, no headaches. She had significant headaches initially from the accident. There is no motor weakness in the arms or legs. Prolonged sitting bent over a desk will cause some discomfort but the examinee has her desk and computer terminal set that where she is pretty much at eye level so there is little neck flexion or extension. The most painful position for her neck is prolonged looking upward and also prolonged standing tends to aggravate her lower back.

 

PAST MEDICAL HISTORY

      Her past history is significant for lower back injury. She had a fall and three years later, hurt her back while lifting a patient. She was treated by Dr. DeGeorge with excellent results. She states emphatically that this car accident of November 24, 1998 did not exacerbate her lower back. Thirty years ago, she was involved in a car accident where she went through the windshield suffering a concussion, cuts and abrasions. She was hospitalized for one day and that had healed completely. She has no other medical problems.

 

PHYSICAL EXAMINATION

      The examinee is 67 inches in height and she weighs 190 pounds.

      She does hold her neck in a somewhat guarded position and the shoulders are somewhat elevated. There is a reduced cervical lordosis upon postural evaluation. There is mild tenderness over the anterior cervical musculature, slightly more moderate tenderness over the lateral musculature and there is slight tenderness over the cervical thoracic junction and the posterior paravertebral musculature, also over the mid bellies of the trapezius muscles, but spasm is absent.

      Cervical ranges of motion was flexion 55° with pulling, extension 45° with lower neck pain, rotation 80° bilaterally with stiffness and lateral flexion 45° bilaterally with stiffness.

      Cervical compression testing was not performed as the examinee stated that she has had a long history, even prior to the car accident, with her head being pressed causing neck and back spasms so we could not perform this. Mild pulling was noted on combined flexion rotation and also upon shoulder depression. Cervical distraction also caused some discomfort in the upper back and this test was stopped.

      Grip strength was normal. Rapid cervical flexion, which is the Soto-Hall test, produced pulling in the upper thoracic region. Kemp’s maneuver which is extension rotation, I primarily did the shoulders and neck and the Kemp’s and this produced stiffness across the upper back.

      There were no sensory or motor abnormalities in the upper extremities. All shoulder ranges of motion were within normal limits while cervical strength was normal.

      X-rays brought in by the examinee, consisting of a cervical series and also AP, lateral thoracic and AP, lateral lumbar, there is a reduced lordosis in the cervical series. Flexion/extension views showed reduced motion between C-4 and C-5 both on flexion and extension, that is hypertonicity of that motor unit. The lumbar spine showed mild degenerative changes in the lumbar facet joints, also some disc space narrowing and anterior spur formation.

 

DIAGNOSES

      Hyperextension cervical sprain with cervical upper thoracic myofascitis. Bilateral trapezius strain.

 

CONCLUSIONS

      Assessment, after examining Jane Smith, I believe that there is a causal relationship between the November 24, 1998 accident and the clinical course. The examinee has, in my opinion, responded very well to Dr. DeGeorge’s care. There was a pre-existing low back injury, which was not aggravated by this accident. The examinee does report a long history of migraines which may have been somewhat exacerbated by this accident. They have been helped by Dr. DeGeorge. Also the instability and muscles spasms that occur when the examinee’s head is compressed predates this accident.

      The examinee, in my opinion, is at a pre-accident status as far as the injury to her neck and upper back. Some residual tightness and stiffness may persist for a while, but in my opinion, could be well maintained and taken care of through home exercises. It is not uncommon for exacerbations to occur.

      I do not believe that any active care at this point is needed.

      I feel that she is at an end result as far as the injury is concerned. If the doctor can document any exacerbation because of the accident, periodic treatment for that as needed may be required, but at this point, I believe that she is at an end result and no further active chiropractic care is needed.

      There is a one-day period of total disability. There is no partial or any disability at this point and I see no long-term involvement regarding this examinee.

      If you have any further questions, please do not hesitate to contact me.

      Sincerely,

      IME REVIEW DOCTOR

      Dr. Davis

April 23, 1999

Dear Ms. Jones:

      This document is in response to an independent medical examination performed on our patient Jane Smith on 3/18/99, by Dr. Davis, D.C. Ms. Smith has been receiving treatment at our office for injuries sustained in a motor vehicle accident on 11/24/98. She presented at our office the day following her accident with symptoms of headaches, shoulder pain, numbness in her left arm, mid-back pain, and low back pain.

      Upon initial examination in our office on 11/25/98, Ms. Smith presented with decreased ranges of motion in all cervical and thoracolumbar motion and was also extremely tender to the touch in those regions. During the examination, we found the following tests to be positive. In the neck region O’Donohue’s Maneuver was positive in both active and passive ranges of motion indicating muscular as well as ligamentous involvement. Foraminal Compression, Hyperflexion Compression, Hyperextension Compression, Maximal Foraminal Encroachment and Shoulder Depressor were positive on the left and right. In the mid-back and low back O’Donohue’s Maneuver was also positive in active and passive range of motion along with Minor’s Sign, Kemps Test on the left and right, Ely’s Heel to Buttock Test on the left and right, and Yeoman’s Test on the left and right.

      We had taken X-rays on 11/25/98 of Ms. Smith’s neck, mid-back, and low back regions observing for fractures, pathology, alignment and stability. Ms. Smith’s X-rays revealed a partial reversal and complete loss of the normal cervical curve. She also presented with forward head carriage and significant degenerative disc disease though the majority of her cervical spine. Ms. Smith also has moderate degenerative joint disease in her thoracolumbar region and demonstrated a notable increase of her lumbar curve combined with forward carriage of her pelvis.

      Our documentation compared with Dr. Davis’s recommendations does not seem sufficient. We understand it must be difficult for Dr. Davis, or any IME practitioner, to diagnosis a patient’s status, predict a care plan, and estimate proper healing time within such a brief encounter. Fortunately, we have had past encounters and are presently able to assess Ms. Smith’s progress each and every visit and also with timely full re-examinations. To no fault of Dr. Davis, he does not have this advantage, and we feel he has under estimated her condition and therefore under estimated the necessary length of Ms. Smith’s treatments.

      In my opinion, there are many inconsistencies and estimations in this report. One major inconsistency by Dr. Davis states (Page 3, Conclusions, 2nd Paragraph), “The examinee, in my opinion, is at pre-accident status as for as the injury to her neck and upper back.” Meanwhile earlier in his report, he contradicted this statement by noting (Page 2, 1st Paragraph, 2nd Sentence), “Currently she reports mainly tightness in her neck and shoulder radiating to the mid thoracic region.” He further noted (Page 2, Physical Examination, 2nd paragraph, 1st Sentence), “She holds her neck in a somewhat guarded position and the shoulders are somewhat elevated.” It is clear by these statements and our documentation that Ms. Smith is clearly not at pre-accident status. Further in his report, he documented areas of tenderness in the cervical and thoracic areas of the spine and performed various orthopedic tests. The large majority of his orthopedic tests revealed positive findings and decrease ranges of motion, with various combinations of pulling, stiffness, or pain associated with the tests. It is extremely difficult for us to comprehend Dr. Davis’s opinion that Ms. Smith is at pre-accident status for the multiple reasons stated above.

      Once again, there appears to be some discrepancy between the IME report and our documentation. Dr. Davis states, “There were two incidences of arm pain and hand pain but that has since resolved with no numbness or paresthesias in her arms or legs, no headaches.” Throughout the treatment of Ms. Smith, up to the date of the IME, she had experienced a number of occasions of numbness in her left arm and hand and headaches. Since the examination on March 18, 1999, Ms. Smith has experienced exacerbation of her symptoms at various times. She has experienced an exacerbation of her left arm numbness on 3/28/99 and 4/13/99 and her migraine headaches on 4/6/99 and 4/14/99. She also had an exacerbation of her upper back pain from 3/26/99 though 3/31/99.

      There are many complicating factors that have determined the length of Ms. Smith’s treatment at our office to allow for proper healing time. Ms. Smith has a significant reduction of the curve in her neck, forward head carriage, and degenerative disc changes throughout the cervical and lumbar spine. Loss of a normal curve is a common result of trauma, such as a whiplash type injury that Ms. Smith experience on 11/24/98. Ms. Smith has also been diagnosed with a cervical sprain. It is well documented throughout the literature that a ligamentous sprain involves a more complex and longer healing time than just a muscular strain alone. Other complicating factors are that Ms. Smith is a pediatric nurse in home care. Her job requires her to stand for prolonged periods to assist, support, or lift her patient from one area to another.  The job also demands her to sit for long block of time at her desk performing administrative duties. All of these activities aggravate and exacerbate already comprised areas of her body. Ms. Smith has worked though her injuries to assure that her daily financial needs are met.

      She has also been taught home exercises in conjunction with her treatment to aid in the healing process. Home exercises should not merely be given as a substitution for chiropractic treatment as Dr. Davis suggests.

      The facts remain that Ms. Smith’s chiropractic treatment was reasonable and necessary for her particular type of injuries and symptoms. It is well documented the consistent improvement of postural alignment, reduction of symptoms, increased range of motion, and reduction of positive orthopedic tests. If her treatment were shortened any amount, the possibility of her injuries becoming a permanent disability would increase. We feel that Ms. Smith will have reached maximal chiropractic improvement by 5-15-99. We have provided the necessary avenue to allow normal and proper healing sequels.

      Please feel free to contact our office to discuss this matter in further detail.

Sincerely,

      Dr. Anthony Gambale                

      Dr. Dwight DeGeorge

      ADVANCED CHIROPRACTIC        

 

August 3, 1999

Dear Dr. DeGeorge,

      I previously forwarded your April 23, 1999 letter to Dr. Davis, D,C, to review for an addendum to his impartial chiropractic examination.

The following is Dr. Davis’s response:

      “I can only go by what the patient tells me on what I find on that date. Ms. Smith at that point reported mainly tightness in her neck and shoulder radiating to the mid-thoracic region. She was not reporting any pain on that date. She had stated in the past there were two incidents of arm pain and hand pain, but that had resolved. She stated she had no numbness or parasthesias in her arms and legs and no headaches. She had significant headaches initially.  From what Ms. Smith had told me and from what symptoms she had initially and what she had at the time of my evaluation, showed that she had an excellent response to Dr. DeGeorge’s care. She was treated in the past by Dr. DeGeorge for something totally unrelated to this accident, and again had excellent results.

      The findings that I saw on the physical examination were very minimal, and I felt that when was present, that could have been maintained on home exercises and stretching or heat applications and did not need any active chiropractic care. I explicitly stated that there could be exacerbations. If there was exacerbations, the patient should return for care if the doctor could document the exacerbations of her left arm pain and numbness on two occasions and flare-up of her migraine headaches and upper back pain on other occasions. If in his opinion, these were due to the accident and related to the accident, then treatment, of course, would be warranted. If he can send me some notes on those dates that she had exacerbations and related as being causally related to the accident, then the treatment is obviously necessary and related and would be required because the symptoms related to the accident, but what I found on the date of examination was an excellent response to Dr. DeGeorge’s care and there was no need for active treatment at that time. So, in my opinion, she was at a medical end result, but if he can document the exacerbations as related to the accident, I would be happy to review them.

      Very truly yours,

      IME REVIEW DOCTOR

      Dr. Davis

 

June 21,1999

Dear Ms. Jones:

      We at Advanced Chiropractic are responding to your request for additional information expounding upon Jane Smith’s periods of exacerbation following Dr. Davis IME on 3/18/99.

      When Dr. Davis preformed the IME, on 3/18/99, Ms. Smith’s left arm numbness was asymptomatic. When referring to our daily soap notes, Ms. Davis rated her left arm numbness as a 0 on a pain scale of 0-10, 10 being the most severe, the two days before and one day after the IME (3/16/99, 3/17/99, & 3/19/99). Ms. Smith’s symptoms increased the next couple of visits to a 4 and a 3 respectively. On the next visit on March 26, 1999, Jane Smith experienced an exacerbation of her left arm numbness and rated it an EIGHT from a 3.  Several visits after 3/18/99 her symptoms declined steadily over the coarse of 6-8 treatments until on 4/12/99 and 4/13/99 she was once again asymptomatic rating her pain at a 0. The following visit, Jane experienced another exacerbation of her left arm numbness, rating a 6 on 4/14/99. Ms. Smith’s numbness symptoms had gradually declined to a 3 over a period of several weeks until she was discontinued on 5-21-99.

      Jane also deals with periods of intense migraine headaches. Just previous to the IME, Ms. Smith rated her headaches at a 0 and a 2, respectively. After the IME, she rated her headaches in the range of 2 to 3 over the time period of 3/19/99 through 4/5/99. On April 6, 1999, Ms. Smith related to us that she had a flair up of her migraine headaches and rated it a 6. Jane experienced a period of remission for a week at a pain rating of a 2 or 3 over that week’s duration. On 4/13/99, she had an exacerbation, now rating her migraine at an 8 and this pain lasted over the next several days until 4/19/99, when she rated her headache at a 4. Ms. Smith’s rating of her headache ranges between a 4 and 0 over the next several weeks until she discontinued treatment on 5-21-99.

      Furthermore, Ms. Smith’s mid-back pain varied between a 4 and a 1 until the date of discharge except for the period between 3-23-99 through 3-31-99. Over the next four treatments, Jane experienced another type of exacerbation, rating her mid-back pain at 6, 6, 6, and a 5 respectively.

      These periods of exacerbation demonstrate the severity of her various injuries and the lack of stability is clearly demonstrated.

      If further information is needed, feel free to contact our office of Advanced Chiropractic.

Sincerely,

      Dr. Anthony Gambale               

                  Dr. Dwight DeGeorge

      ADVANCED CHIROPRACTIC       

 

July 19, 1999

Dear Ms. Jones:

      I spoke with you on the phone regarding an IME response that our office submitted to you regarding the above-named patient. You had stated in our conversation that we hadn’t addressed a key issue that the IME doctor expressed concern with (regarding exacerbation of the patient’s symptoms). Try as I might, I could not understand the point that you were trying to make to me about how you felt that our IME response, as well as written as it might be, did not answer his question. Although, the doctor did address this point in the IME response as I discussed with you, it was not until I got off the phone and completely refamiliarized myself with the IME and IME response from our office that I began to understand completely, what your point was.

      The purpose of this note is to thank you for taking the time and for being so patient in our discussion and in your response to my questions. It was a learning experience for me and will only help us improve upon the focus of our IME responses.

      Again, thank you for taking the time out of what I am sure is a very busy day to help me.

      Sincerely,

      C.A.

      Advanced Chiropractic

 

 

Dear Dr. DeGeorge:

      As you are aware, you previously submitted clinical documentation to justify treatment that was cut off based on Dr. Davis’s IME of 3-18-99.

      Dr. Davis reviewed your documentation and the following is his assessment regarding the same:

      “As requested, this is an addendum regarding the case of Jane Smith, who I examined on March 18, 1999. I am in receipt of a note dated June 21, 1999 from Dr. DeGeorge, regarding the case of Jane Smith.

      In my addendum of July 29, 1999, I had stated that if they could show exacerbation’s on the dates that the symptoms were causally related to the automobile accident, I would review them, and if I felt they were due to the accident, then indeed treatment was warranted. The notes they do have here do indicate the same symptoms that were involved with the accident. The examinee was treated for the symptoms but several other visits apparently were required. One of the notations here had 6 to 8 treatments and she was again asymptomatic. She had another exacerbation of pain, and she was treated. They do list here the symptoms that were directly related to the automobile accident.

      In one notation, he does state here that she discontinued treatment on May 21, 1999. I am not sure why. He did not state why she discontinued treatment. Was the examinee dissatisfied with the care or did the examinee feel that they could do no more at that point? Whether she has been treated since then I do not know. His notation does state that the examinee discontinued treatment, apparently of her own accord, on May 21, 1999.

      His listing of these dates with the symptoms are related to the accident, and that is what I had asked for. Since they are related to the accident, they should have been treated as such. In my opinion, they are clinically warranted. This could have been listed a significant time ago, without the need for several addendums. Dr. DeGeorge could have provided this rationale a significant time ago.

      In any event, the rationale is there. The treatment is clinically warranted and related to the motor vehicle accident and the examinee should have received this treatment as such.

      Based on the above, the Insurance Company will honor payment of treatment from 3-26-99 to 5-10-99.

      Should you have any questions, feel free to call me.

      Very truly yours,

 

      Dr. Davis

      IME REVIEW DOCTOR

 

      Dr. DeGeorge continues to prove that the system can work for you if you do a good job from the start to finish with documentation.

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