May 2006

S1955: Here's your chance to take action!

by Dr. Terry A. Rondberg

For the past few months, articles in The Chiropractic Journal have focused on the continuing campaign against chiropractic. They've revealed attempts by the federal government to label chiropractic as health care fraud and examined the recent wave of Medicare audits against DCs. I've tried to alert you to the number of actions being taken against chiropractors, and about the disaster we could face unless we work together right now to stop it.

Still, some of you refuse to see what's happening, or refuse to believe it.

Well, this month, we have another piece of evidence that should convince you.

Right now, there is a piece of legislation moving through the US Senate ‑‑ S1955, "The Health Insurance Marketplace Modernization and Affordability Act of 2005" ‑‑ that would allow insurance companies to offer health plans without including state mandates, including chiropractic benefits. If passed, millions of Americans will lose health insurance coverage for the chiropractic services they receive from the chiropractors in your state.

Technically, the way the companies are getting around state mandates is to have the law extend the Employee Retirement Income Security Act's (ERISA) exemptions to cover the small group insurance market now regulated at the state level. By doing so, the companies would circumvent any state regulations that require them to offer access to a variety of health care providers such as doctors of chiropractic.

Proponents of the bill say the ruling would reduce health care insurance costs, particularly for small businesses and organizations that offer group health insurance to their employees. However, the real result will be to deny consumers a choice in health care and to reinforce the medical monopoly. Unfortunately, the medical and pharmaceutical industries have done a good job in convincing Congress that chiropractic and other "alternative" health care approaches are more expensive than drugs and surgery. They've pointed to research conducted or funded by drug companies that "prove" chiropractic isn't cost effective (or effective for that matter).

The World Chiropractic Alliance is one of several chiropractic organizations opposing the bill and its lobbyist has spoken to several key legislators in an attempt to educate them about the negative aspects of the law. The International Chiropractors Association (ICA) and Federation of Straight Chiropractors and Organizations ‑‑ which are members, with the WCA of the Chiropractic Coalition ‑‑ are also mobilizing to oppose the bill. A letter writing campaign has generated a mountain of protests from DCs around the country. The American Chiropractic Association is also opposing the bill, as are many state chiropractic organizations.

The ICA summarized the problem very well. Its press release noted that, "as a practical matter, this legislation would render useless state‑enacted protections that include patient access to alternative providers such as doctors of chiropractic, any‑willing provider, and insurance equality laws intended to protect health care providers and consumers. If enacted into law, S.1955 would preempt all state directed benefits legislation, not just those that are specific to the chiropractic profession. As well, this legislation would allow for highly discriminatory premiums schedules, based on age, sex and previous health conditions for which basic consumer protections are now provided by many states. To lose these protections would be a dangerous step backwards."

This isn't solely a chiropractic effort, of course. The bill will adversely affect many other components of the health care arena as well as millions of health care consumers. The National Partnership for Women and Families stated that S1955 and other SBHP legislation could "erase years of work by states to give consumers adequate health coverage and preempt laws that guarantee coverage for cancer screenings, diabetes supplies and more." In a press release, the organization warned that the bill has a "broad and perilous reach" and could "wipe away consumer protection in the individual, small group and large group health insurance markets."

Opposition is mounting from dozens of different health care and consumer groups, but we need to keep the pressure up if we're to overcome the lobbying by the extremely wealthy conglomerate of medical, pharmaceutical and insurance interests. We need to ‑‑ literally ‑‑ flood Congress with letters of protest.

I urge all of you to go online to: www.protectchiropractic.com. View the video explanations of S1955 and click on "Information for DCs and their staffs" to get step‑by‑step instructions (including sample letters to send your Senators) on how you can help. Or, use the sample letter prepared by the ICA (www.chiropractic.org).

It's going to be hard to fight the federal government's campaign to call what we do "fraud." It's going to be hard to stop Medicare from limiting us to a few visits per year. But here's one issue you can do something about with just a letter. It'll take just a few minutes of your time and since your letters should be sent via e‑mail or fax, you don't even need an envelope and stamp! There are some 60,000 licensed DCs in this country. Let's make sure Congress hears from at least 50,000 of us!