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September 2006

CBS covers all DCs by Timothy J. Feuling

Although Chiropractic Benefit Services (CBS) has a strong reputation for its defense and support of subluxation‑based chiropractic, it's important for doctors to understand that the policies provided through its Risk Purchasing Group are not limited to only one portion of the profession. The CBS program covers the entire scope of chiropractic practice, as permitted by the laws of each state.

Some confusion on this issue was caused by a resolution passed by the Federation of Chiropractic Licensing Boards (FCLB) concerning the need for "maintaining continuous malpractice coverage for the entire scope of chiropractic practice."

FCLB President N. Edwin Weathersby, DC, explained that the resolution is "directed towards some DCs, who are purchasing malpractice insurance for the purpose of treating subluxations only. There are some DCs who are telling their patients that they don't diagnose anything but subluxations. This type of malpractice insurance is going to leave DCs and patients without appropriate coverage in the event of injury or mistreatment. So, basically, the phrase states that whatever the jurisdiction allows the DC to do, he/she needs to have the appropriate malpractice insurance to cover them. Regardless of how broad or narrow they chose to practice."

Some doctors, hearing of the resolution, thought it implied that CBS did not cover the full range of lawful chiropractic practices. In truth, CBS provides exceptional protection for all chiropractors, regardless of how they choose to practice. The policies offered through the CBS program cover the full scope of practice as defined by the state statutes. Contrary to what Dr. Weathersby's note might imply, any doctor covered through the CBS RPG will have more than adequate coverage.

Although no detailed information has been made available by the FCLB about the resolution, it's not inconceivable that he was prompted by their desire to show support for the National Chiropractic Mutual Insurance Company (NCMIC).

NCMIC is a major contributor to the FCLB and its "Cin‑Bad" database, which contains information on chiropractors with public board actions taken by chiropractic regulatory licensing boards, and/or exclusions from Medicare/Medicaid reimbursement by the US Department of Health & Human Services. Unlike most chiropractic malpractice insurance coverage, CBS includes $30,000 coverage for professional board dispute defense.

I'm sure there are many members of the FCLB ‑‑ which, obviously, has a vested interest in protecting the power of the state boards ‑‑ who don't like the fact that CBS actually helps doctors defend themselves against board action. But there are times when DCs need as much protection against their boards as they do against sue‑happy patients.

It's a well‑known fact that CBS is one of the staunchest and most outspoken advocates of subluxation‑based chiropractic. We help fund research efforts, give scholarships, distribute publications, support guideline development, and take many other actions that contribute to the strength of conservative chiropractic.

We also provide lower premiums for doctors who do not incorporate medical or quasi‑medical therapies into their practices or who do not do full‑body diagnosis. The reason for this is simple. The more services you provide, the more likely you are to be sued.

Broad‑scope doctors who offer various medical tests to make medical diagnoses can be subject to malpractice claims based on their failure to diagnose a wide variety of diseases and conditions. Patients who later learn, for instance, that they have diabetes or early onset breast cancer, can later go back to their DCs and claim they should have spotted those conditions.

Subluxation‑based chiropractors, on the other hand, make it clear to patients that they focus solely on the detection and correction of vertebral subluxation. These patients are aware that their care will be limited to that uniquely chiropractic area, and usually are asked to sign a 'terms of acceptance' form showing they understand that limitation. It is far less likely that patients will later accuse them of failure to diagnose or of misdiagnosis.

CBS doesn't however, lump all DCs into one of these two categories. The scope of chiropractic practice is a continuum and all doctors are somewhere on the continuum depending on how they practice. Without making any value judgments, it's clear that further down the line on one side means less risk .... further down the line on the other side means more risk. The same is true in medical practices. Some MDs, like obstetricians and surgeons, are considered "high risk" from a malpractice standpoint. That's why they pay higher premiums for their insurance. You can't expect a lower‑risk general practitioner to subsidize a higher‑risk cardiologist.

In recognition of the lower liability risk of subluxation‑based doctors, we offer them lower premium rates, but the policies cover the entire scope of practice as defined in their state statutes. Broad‑scope practitioners who want exceptional coverage, including defense for board complaints and claims of sexual misconduct, find CBS an excellent choice. Subluxation‑based chiropractors prefer CBS not only for the outstanding coverage, but also for our commitment to promoting chiropractic as a wellness approach focusing on subluxation correction.

In addition, many DCs choose CBS because of the emphasis on personal service. I've heard horror stories about doctors who can't even get their insurance company to return their calls. If your company won't help you when you call for information, how much help will they give you when you go to court?

That's no doubt why we are very likely the fastest‑growing chiropractic malpractice insurance program the profession has ever seen. Thousands of DCs ‑‑ of all types ‑‑ have switched to CBS and more are joining us every day.

(Timothy J. Feuling, as president of chiropractic Benefit Services, assists doctors in maximizing their practices through the proper choice of insurance and related services. Mr. Feuling is also available for speaking engagements at state conventions and other chiropractic events. Doctors may contact him with questions, comments, and requests for insurance quotes at 2950 N. Dobson Rd. Ste. 1, Chandler, AZ 85224, by phone at 800‑883‑0412 or by e‑mail: feuling@cbsmalpractice.com).