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FCA Member News

                At the close of last week, the First District Court of Appeal issued an order affirming  Judge Lewis' order vacating the automatic stay of the Injunction (links to both below).  So where does that leave the status of “new PIP” at this moment?  At this moment, Judge Lewis' injunction is in place which, arguably to some, prohibits PIP insurers from denying for massage or acupuncture and prohibits them from limiting benefits to $2,500 based on a determination of there being no emergency medical condition.  To our knowledge as reported by members, State Farm is following the Injunction, but GEICO, Progressive, and USAA are not following the Injunction.
 

      (Friday, April 19, 2013 – Tallahassee) With just two weeks remaining in this year’s annual legislative session, lawmakers in the capitol welcomed over 100 visiting DC-members and students from Palmer Florida on Tuesday for the FCA’s annual “Chiros in the Capitol” event.  In addition to individual meetings with their lawmakers, attendees listened to addresses by House Speaker Will Weatherford (R-Wesley Chapel), Senate President Pro Tem Garrett Richter (R-Naples), and Senate Minority Leader Chris Smith (D-Ft. Lauderdale).  The day’s highlights also included a special tour of the Senate Chambers hosted by Senator Jack Latvala (R-Clearwater).

PIP Lawsuit Update: Plaintiff Response to State’s Automatic Stay of Injunction

Prior updates on the PIP constitutionality/injunction lawsuit can be found on the FCA web site, in the “PIP 2013” section. Log in as a member to see this helpful content.

As of Monday, the State has filed a Notice of Appeal along with a Notice of Stay of the Injunction. Under the Rules, the State is allowed an automatic stay. However, there are provisions in the Rules to allow a court discretion to lift that stay. The Plaintiffs have responded to the State’s notice by filing a request with the court to vacate the automatic stay. The Plaintiffs cited irreparable harm to Floridians and providers should the court fail to lift the automatic stay.

In simpler terms, the order on the injunction struck those provisions in “New PIP” allowing for a $2500 limitation for a non-Emergency Medical Condition and likewise striking that provision that precluded massage and acupuncture services under PIP. The State, however, requested an automatic stay of that injunction that would bring everything back to “New PIP” with the current restrictions. The Plaintiffs filed a request to vacate the staywhich would, then, bring it back to the status of the injunction being in place.

Judge Terry Lewis, Leon County Circuit Court, will hear the matter in the very near future and the FCA will provide you with continued notices of the current status of PIP in the State of Florida.

 

 

Florida DABCI Begins April 20-21 in Orlando: FCA Member DCs Get Discounts

The ACA Council on Diagnosis & Internal Disorders, National University of Health Sciences and FCA happily announce the start of an Orlando, Florida program training DCs to become Diplomate Internists. The program will begin April 20-21 at the DoubleTree by Hilton located at Orlando International Airport. The offering of this program in Florida is a rare and unique opportunity for Florida DCs.

This program is designed specifically to equip and position chiropractic physicians as the best of true, alternative, primary care providers. The classes will be offered one weekend per month until the program is scheduled to complete in April of 2015. FCA member DCs receive a $30 per session discount. For complete program details and individual class listings, see the program brochure posted for your convenience on the FCA web site. DCs may attend the complete program or take selected topics of interest. Pre-register 10 days prior to the class date(s) for best rates and don’t forget your FCA member discount!

 

 

DABCI Classes Are Applicable for DACBN Hours and Exam Preparation

“In addition to the approved clinical nutrition sessions offered at all FCA conventions, The American Clinical Board of Nutrition (ACBN) has agreed to recognize all DABCI seminars offered in the 2013-14 Orlando series co-sponsored by the ACA Council on Diagnosis & Internal Disorders, National University of Health Sciences and the FCA, toward the ACBN 300 continuing education hours required to sit for the Diplomate in Clinical Nutrition (DACBN) exam. The DACBN is recognized by the ACA, as well as accredited by the National Association of Certifying Agencies (NCCA) in Washington D.C.,” according to G. R. Moon, D.C., M.S., DACBN, Co-Chairman of the ACBN Examination Committee. Those working toward their DACBN may attend any individual DABCI topics you may need, as each seminar stands alone.

On March 21 the Office of Insurance Regulation filed a Notice of Appeal of a Non-Final Order and Notice of Automatic Stay in the First District Court of Appeal in Tallahassee. Under the Rules of Appellate Procedure, the state is entitled to an automatic stay of any order it appeals pending the outcome of the appeal. A stay of the order granting temporary injunction means that the status quo remains in effect pending the outcome of the appeal. In other words, the $2,500.00 cap for injuries that do not meet the definition of emergency medical condition, the ban on billing for massage or acupuncture, and the restriction of the determination of an emergency medical condition, remain in effect without change.
 
The parties then have two choices.  Either party can ask the Appellate court to send the issue to the Florida Supreme Court as a matter of great public importance and the Florida Supreme Court may or may not accept it.   Or the State (Appellant) can move forward in the Appellate court where the written briefing process takes a minimum of 90 days.  The appellate court may, in its discretion, grant the parties the opportunity to expound upon their brief by scheduling oral arguments. There are no time restraints on the court for granting oral arguments or issuing an order in the appeal. The appellate process may take a few or many months before it is resolved.

We will keep you apprised of further developments via future member bulletins.


(Tuesday, March 19, 2013 – Tallahassee)  As legislators rolled up their sleeves busying themselves with the joint tasks of lawmaking and budget writing last week, the abrupt resignation of Lt. Governor Jennifer Carroll late shifted their focus at least temporarily.  Carroll resigned late last Tuesday after it became public that a company she owns consulted with a chain of internet sweepstakes cafes tied to a sham veterans charity.  News media outlets moved quickly thereafter to disclose that the café chain’s owners had made significant campaign contributions to a wide number of individual legislative campaigns, state party campaign committee’s and “CCE’s” – special political committees popular with some legislators as fundraising vehicles not subject to the limitations placed on individual campaign committees.

 What is DABCI? The Diplomate of the American Board of Chiropractic Internists is granted through the ACA Council on Diagnosis & Internal Disorders (CDID) and hones primary care skills, improving the DC’s ability to meet today’s challenges, treat the whole person and get into family practice. This program is designed specifically to promote DCs as true, alternative, primary care providers. The diverse educational knowledge and experienced clinical background of the course instructors will equip you to provide outstanding care in an ever-changing and dynamic health care setting. If you have enjoyed the primary care-focused classes at FCA conventions taught by Dr. William Kleber and want to learn more, then DABCI is for you.

Free PIP Webinar for FCA Members Available Now

While we would all agree that the “new PIP” is not what Floridians need or expect, you can still be of tremendous service to your patients. The FCA now offers a new 33-minute webinar on PIP as part of its ongoing effort to assist you in this period of transition, to supplement the vast resources already posted for easy member access on the FCA web site and the PIP classes being offered at every FCA convention this year. View it at your convenience, as many times as you would like. We thank our presenters, FCA General Counsel Paul Lambert and FCA Asst. General Counsel Kim Driggers, for their invaluable insights in “FCA Webinar Series: New PIP Laws After HB 119: Effective Dates, New Patients, Denials and Limits.” We also thank Dr. Sig Miller of ChiroView Presents for his excellent job as moderator.

If you have a question not addressed in this webinar or in the many PIP articles posted on the web site, feel free to contact the FCA Insurance Liaison Office at 850/577-3222 or email FCA Insurance Liaison Mollie Frawley at mollie@fcachiro.org with your question. Your question may guide us in providing the next update webinar or future articles and web site resources. We appreciate this opportunity to serve you.

 

 

 

2013 Florida Legislative Session Update

One week down, eight to go: Lawmakers begin their deliberations


by Jack Hebert, FCA Government Relations Director and Paul Lambert, FCA General Counsel

(Friday, March 8, 2013, Tallahassee) - Following the traditional fanfare and wide assortment of speeches marking their opening day for the 2013 Session on Tuesday of this week, lawmakers got down to the nuts-and-bolts task of hearing and revising proposed bills at the committee level. Much of the Legislature’s work, particularly in the beginning weeks of the session, takes place at the committee level. Each proposed bill is heard, public testimony is offered, amendments are possibly adopted and final votes are taken, all part of the arduous maze a proposed idea must successfully navigate before it wins the right to a final hearing, debate and vote on the full floor of each chamber.

Tuesday also marked the deadline for the introduction of bills proposed by individual Representatives and Senators. Going forward, any new concepts generally only come in the form of committee bills introduced and approved by the standing committees in either the House or Senate.

Following is an action report on a number of the member-sponsored bills the FCA is monitoring and working on, focusing primarily on the health care and insurance arenas. In future reports, we will also provide updates on the major issues being introduced and considered on the committee level, including both health care reform and appropriations, plus other issues of interest to the profession.

Read the rest of this story, with complete summaries and FCA activity on these proposed bills, at FCAchiro.org.

 

 

Posture Practice Gets Positive Press

An article on posture and health appears in this week’s Bottom Line Health's publication, Healthy Woman. The article is a result of an interview with Steven Weiniger, D.C. Bottom Line Health distributes their newsletters to an audience of 30 million. This is a great item to share with others as a pro-posture message in mainstream national media that directs the general public to consult a professional and quotes a chiropractic expert.

Dr. Weiniger will be teaching Posture Practice Protocols next week at the FCA Spring Convention. Class attendees will learn a logical framework to document baseline posture, chart changes and correlate functional asymmetry with other findings to document the link between progressive active care and improvements in functional ability. These protocols empower patients to be posture-aware with a simple photo and then retrain motion with low-tech exercises to help them move pain- free and to increasingly value chiropractic in order to move well. Posture exercises correlate with Five Posture Principles to align the chiropractic message with what people hear in other parts of their lives for: Teens with the BackPack Slump, computer workers with forward head posture-induced neck and shoulder pain, athletes seeking the competitive edge of biomechanical efficiency and boomers who want to age well.

 

 

FCA Spring Convention/DOT Training is Next Week – Online Registration Ends at Midnight Tonight!

The second in FCA’s Illumination 2013 convention series, offering bright ideas to change and grow your practice, will take place March 14-17 at the Hyatt Regency Riverfront Jacksonville. Take advantage of pre-registration discounts through midnight tonight. Use the convenient online registration available on the FCA web site. Take advantage of the group rate at the Hilton via the online link or by calling 1-888-421-1442 and identifying the FCA convention. A fantastic program awaits you and your staff!

If you miss pre-registration, you can still register on site. We look forward to seeing you there!

 

 

”Doctored” Makes Its Jacksonville Premier at FCA Spring Convention

Come and see what all the hype is about: The movie “Doctored” will be shown for the viewing pleasure of FCA Spring Convention attendees on Saturday evening, March 16th. Free admission. Registered DC’s who attend the showing receive a free DVD of the movie, compliments of FCA and the Foundation for Chiropractic Progress.

(Friday, March 8, 2013 – Tallahassee) Following the traditional fanfare and wide assortment of speeches marking their opening day for the 2013 Session on Tuesday of this week, lawmakers got down to the nuts-and-bolts task of hearing and revising proposed bills at the committee level.  Much of the Legislature’s work, particularly in the beginning weeks of the session, takes place at the committee level.  Each proposed bill is heard, public testimony is offered, amendments are possibly adopted and final votes are taken, all part of the arduous maze a proposed idea must successfully navigate before it wins the right to a final hearing, debate and vote on the full floor of each chamber.

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