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January 2003

see also: WCA fights Wal-Mart decision on chiropractic

Wal-Mart's assault on chiropractic 

by Dr. Jeffrey Shay

Which organization:

-- Is the largest in its class?

-- Has a wage structure generally below the poverty level?

-- Opposes free speech and assembly?

-- Restricts health care choices available to its people?

If you answered Wal-Mart, you're right. But it's understandable if you answered Communist China.

Many chiropractors are already aware that Wal-Mart has eliminated chiropractic from its health coverage (and almost nothing else), and that the World Chiropractic Alliance (WCA), the American Chiropractic Association (ACA) and the International Chiropractors Association (ICA) have issued responses to the situation.

ACA indicated that it has been discussing the issue with Wal-Mart, and recommended that chiropractors "inform patients of their ERISA rights." ICA said something about a "nationwide call for reevaluation of this decision." All of which is about as effective as hiring a negotiator to talk King Kong down from the Empire State Building (in modern America , he would probably be viewed as a terrorist anyway).

(Note: a separate report on the WCA response is included in this issue of The Chiropractic Journal)

This is not so much a criticism of the chiropractic associations as to point out what kind of company we're dealing with. As WCA's Director of Insurance Relations, I'm taking a different approach to the problem, which I feel will be more effective. My letter to Wal-Mart follows.

-----

Dear Wal-Mart:

I am in receipt of your letter notifying me of cancellation of chiropractic benefits from your health plan. Frankly, it confuses me.

If there had been any question of the cost or benefit of chiropractic care, there is little evidence that you have sought advice or information. Almost every unbiased study has shown chiropractic to be cost-effective and competitive; in fact, chiropractic is usually considered to be alternative care. Alternative, loosely defined, means that the patient has chosen to be in a chiropractor's office instead of a medical office. Since the decision is only a transferal of cost, your estimated "savings" are illusory.

Perhaps your real attitude is shown by the greeting in your letter, "Dear Jeffrey." Is it your policy to address all health professionals in this manner? Perhaps this salutation is used only with chiropractors, as I've been informed by other chiropractors of similar salutations in their mail. It's hard for me to imagine that you would address medical physicians as "George" or "Frieda," but please let me know if this is not the case. Doctors of chiropractic have many years of extensive training in their field and meet strict licensure requirements. The tone of your letter seems to be a cheap shot.

Sincerely,

Jeffrey A. Shay, D.C.

Insurance Chairman, World Chiropractic Alliance

-----

No one has called me "Jeffrey" since my eighth grade science teacher (I believe the issue was a girl's purse that landed in a dumpster two stories below).

The real story of Wal-Mart's treatment of employees is different than its public image, as indicated in an article in Business Week, entitled "How Wal-Mart Keeps Unions at Bay." For a business magazine, the article was a fairly balanced view of Wal-Mart's labor relations.

The article points out that Wal-Mart has been accused of surveillance of employees and of firing union sympathizers. It also indicates that illegal anti-union actions (which Wal-Mart denies) carry insignificant fines or require workplace posting. Firing activists, the article notes, "is difficult to prove and takes years to work through the courts." Some former Wal-Mart managers indicate that the hard line is standard company policy. After a union organizer appeared in Scottsburg , Indiana , the store sprouted "a multitude of cameras." Wal-Mart denied that their appearance had use in anti-union activity.

The union involved is the United Food and Commercial Workers (UFCW), which has been active recently in Michigan , Ohio , Indiana and Kentucky . It was recently involved in attempting to unionize a store in Las Vegas , but canceled its efforts after concluding that the workers were too intimidated to vote at that time.

The union's website notes that Wal-Mart:

***  Faces 38 state and federal lawsuits for forcing employees to work off the clock

***  Faces the largest sex discrimination lawsuit in history

***  Has been charged by NLRB with violations of workers' rights in 25 states

***  Two-thirds of Wal-Mart's workers cannot afford the company health plan, e.g., 700,000 do not have company health insurance. Asking "Who pays?," the UFCW quotes Wal-Mart: "Our associates get health insurance from a spouse or a state or federal program." This means that either the taxpayers or other companies are carrying Wal-Mart's load.

The Walton family is worth $102 billion. Less than one percent of that amount could provide affordable health care for its associates, including chiropractic coverage. Wal-Mart did not contact any chiropractic association to find out more about chiropractic, nor did they even try to tailor a managed care plan. They just slashed chiropractic benefits and mailed us insulting letters.

I recently contacted the UFCW about its Wal-Mart campaign and health care policies and found much common ground. The union is just as concerned as we are about the poor health care package offered to Wal-Mart employees Actually, "offered" is not a word that fits here. Wasn't Socrates "offered" a hemlock cocktail?

UFCW representatives have indicated that they would welcome chiropractic support for the union's drive to secure justice for store employees.

For this reason, the World Chiropractic Alliance announces its support for the UFCW and its efforts to improve conditions for Wal-Mart employees. We also encourage other chiropractors and chiropractic associations to join us in this effort to remedy Wal-Mart's actions against chiropractors and their patients.

Wal-Mart is not our friend, and never has been. I should point out that the elimination of chiropractic coverage is only the final step. None of my Wal-Mart patients have cleared deductibles on their claims in the past year, and even then the chiropractic coverage was very limited. My discussions with other D.C.s indicated that claims for their patients met the same fate. This means the employees' coverage was ersatz more than real, and the recent announcement is pro forma.

To summarize: High deductibles, limited coverage. As Yakov Smirnoff says, "What a country!"

Tell your Wal-Mart patients about their real coverage and how Wal-Mart's actions have stiffed them. Heck, tell all of your patients about Wal-Mart's policies. If there are union activities in your area, contact them. Call the WCA. Check out the UFCW's website. For myself, I'll try to shop elsewhere whenever possible. It won't be easy, as Wal-Mart's appearance in my town closed up most of the other merchants.

It's been a bad month for chiropractors. First came the Wal-Mart news, followed by an attack on the profession by Walgreens on its website. The FOX network distributed its usual anti-chiropractic hype. Then The Wall Street Journal made another attack on chiropractic.

The UFCW's attitude toward us is a breath of fresh air, as they're glad for any help we can give them. We also need to remember that when stores are unionized, the union negotiates health care contracts as well as wages.

Wal-Mart claims that it "is experiencing unprecedented cost growth that is forcing us to make some tough choices." Admittedly, things have been tighter for most businesses recently. However, here in Iowa we have an insurance equality law that requires coverage of chiropractic in most health plans. Wal-Mart is using an ERISA exception to get around this requirement, while most other companies continue to provide coverage.

In recent years, Wal-Mart enjoyed record earnings, not to mention a high-flying stock. During that time, the company made no effort to improve its parsimonious benefit plan or to cover chiropractic on a par with its medical coverage. The recent recession only gave it an excuse to target chiropractic.

When I look around my waiting room, I don't see any Wal-Mart executives. Nor do I see CFOs from Enron, Global Crossing or WorldCom. Most of my patients are factory workers, store employees, day-care workers, self-employeds -- groups that have traditionally been chiropractic patients and supporters. My business has never had help from or support by large corporations, major business groups, or even the Chamber of Commerce.

I've learned to support the people who support me. In the long run, that's the only way to beat the Wal-Marts of this world.

(Dr. Jeffrey Shay, a graduate of Palmer College of Chiropractic and the WCA's 1996 "Chiropractor of the Year," is the World Chiropractic Alliance Director of Insurance Relations. He welcomes comments or questions regarding any insurance-related subject appearing in this column. Dr. Shay is available to speak to your state or local organization. Contact him at 1300 Cedar St. , Muscatine , IA 52761 , or the WCA offices, FAX 480/732-9313.)

 

 

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