FL PIP billed signed, Chiropractors Under Attack

by: DrTirpak posted: May 07, 2012

I want to state that I am not a journalist, but a Chiropractor, and that this story embodies my fury and frustration. I try to offer a neutral opinion on this website and leave out the editorials however, today is the exception.

Chiropractic is under attack in Florida, California, Texas, Great Britain, and Australia to name just a few. We need now more than ever, as a profession, to put our philosophy aside and work together before we are legislated out of existence.

The Governor of Florida, Rick Scott (R), signed a bill into law today that singles out Chiropractic when treating auto accident patients in the state. Florida HB 119 passed 3 months ago amidst secrecy, arm twisting and at the behest of the Speaker of the House and the Governor. Bills were proposed in the House and Senate, but the final agreement undermined Chiropractors and eliminated Acupuncture along with Massage under the ruse of fighting fraud.

Personal Injury Protection in Florida started in the 70’s to avoid every fender-bender from turning into a full-blown legal battle. It provides $10,000 worth of benefits covering lost wages and medical expenses, regardless of fault in an auto accident. Every six years the bill comes up for reauthorization. At the last renewal in 2007 current state Senator and former Speaker of the House Marco Rubio (R), installed fee caps and provisions only allowing hospitals and doctor-owned facilities to provide care.

This year the Governor has been on a bandwagon preaching about fighting fraud. Although very little was written into the current bill to fight fraud besides stiffer penalties if a Physician is convicted of fraud. Two days before HB 119 passed the legislature Florida United Auto donated $100,000 to a political committee affiliated with Scott. You can ask any Chiropractor in south Florida about United Auto and their answer usually starts with a chuckle then they will let you know how much they are owed by the company. Getting a PIP check from them is like landing an 8 ft marlin, extremely rare. I have seen a few adorned on the walls of Miami and Ft. Lauderdale Chiropractors, much like a prized catch.

The law has many problems, but my biggest concern is the blatant discrimination of Chiropractors. It stems from a provision allowing only the full $10,000 of benefits if the patient has an emergency medical condition attested to by an MD, DO, PA or ARNP. Chiropractors and the preceding providers can receive reimbursement up to $2,500 for care for non-emergency conditions. The bill also states medical benefits do not include Massage or Acupuncture regardless of the person, entity, or licensee providing these services.

To actively legislate that Chiropractors are not qualified to determine if a medical condition is an emergency indicates the Florda state government has no idea of the education and training Chiropractors have to have in order to be licensed. Any doctor in practice for a few years has had the unfortunate task of referring patients to emergency facilities for care. It also paints a vivid picture of the legislature’s lack of understanding of what injuries occur in an accident and the long term results if not treated.

I wish this was the only case of political attacks, but sadly it is not. California has a current bill SB 352 limiting Chiropractors from using lasers to treat allergies. This bill arose from the mind of one legislator, Senate leader Bob Huff (R), not happy with an aide’s kid going to a Chiropractor for allergy treatment. No complaints were filed with the Chiropractic board or any other state office. California Board of Chiropractic Examiners passed a regulation labeling claims that laser therapy can cure allergies as false or misleading in an attempt to thwart the much more restrictive bill. The measure passed the Senate and is pending in the California Assembly.

Texas Chiropractors last month had a partial win from the state Appellate Court. The legal battle pitted the Texas Medical Association and the Texas Medical Board against the Texas Chiropractic Association and the Texas Board of Chiropractic over scope of practice. Texas DCs maintained their ability to diagnosis but are banned from performing manipulations under anesthesia and needle EMGs.

As Chiropractic is spreading around the world faster than ever, international attacks on the profession are getting louder. The British Chiropractic Association has fallen under a public assault in the media after losing a libel suit against a journalist. Australia’s newest chiropractic university program has public faced flack from a group of professors.

My request to Chiropractors and our supporters, stand up for what you believe. Let your elected officials know that we vote and contribute. Support your local national and state Chiropractic Organizations that are making a difference. We cannot do this alone, make more allies. Tell patients, loved ones, and people that you do business with that our well-being is maintaining their well-being.

Come back to this post and share your comments with us. Perhaps we can help each other come up with creative and successful ways of letting government know how important Chiropractic is!

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