Arizona Chiropractic Society eNewsletter

Breaking News      

May 16, 2011Newsletter Subtitle

Month Year
What's Special for ACS Members 


Friends of the ACS: This is a national organization of allies that realize the national implications and signiicance of the ACS litigation to stop ASH from imposing its standard of practice onto the entire chiropractic profession. Here's the webpage:



MedicoLegal Services: Home of the best, most practical, tried and proven resources for winning PI cases with special emphasis on low speed impact cases. Here's the webpage:


ACS Store: This is the place to go for sample reports to rebut IME reports from MDs and DCs, and reports from defense biomechanical engineers and accident reconstructionists. You will also find literature reviews on the key current topics in PI cases about forces involved in accidents, the threshold of injury, and much more. Here's the webpage:    


Member Benefits and Practice Solutions: Includes extensive information on how to handle claims denials for both insured and self-insured plans (the rules are completely different), a complete blueprint for developing referrals from MDs, eveything you could ever want to know about recordkeeping and documentation and staying in compliance in Arizona, the key personal injury practice tools needed by every DC, and much more. Click here to go to the Member Benefits and Practice Solutions Page. 


Full Time Help Line: (602) 368-9496. ACS members call and email all the time to get assistance on a wide range of issues from Dr. Immerman, a veteran DC with 31 years of experience.


To gain full access to all pages and documents, all you have to do is join by clicking on Become a Member Online. You will be directed to a secure online server. You can also Donate in any amount to support the cause. Even $10-$25 per month makes a difference.

Quick Links

Read entire full color PDF with breaking news about the ADOI lawsuit, BCBS, ASH, the Board, insurance equality and much more by clicking on this link.

Website with Full Info about ACS Attorney David Abney

ACS Four Point Plan to Deal With ASH

The Arizona Chiropractic Society is here to serve you!

ACS Logo

3515 E. Carol Avenue
Phoenix, AZ 85028
VOICE 602.368.9496
FAX 866.567.6762


Alan M. Immerman, D.C., ACS President and Executive Director
Alan M. Immerman, D.C., ACS President and Executive Director



     You know from recent emails that ACS has filed the Plaintiff's Response to Motion to Dismiss for Failure to Make a Claim. Click here to read the motion. Here's what you may not know.


     First, be aware of the extremely important fact that our attorney stated in the Plaintiff's Response to the Motion to Dismiss that: "By filing a motion to dismiss, the Director has legally admitted the Verified Complaint's alleged facts." This means we have claimed that ADOI has admitted that all the facts we stated about BCBS and ASH in the original lawsuit were true.


     Our attorney closed with: "Plaintiffs respectfully ask the Court to deny the motion to dismiss and to order the Director to administratively enforce A.R.S. § 20-461(B)." This means that the ruling we are expecting from the court will not be limited to whether or not the case is dismissed, but will include whether or not the Director should be ordered to enforce the chiropractic insurance equality law. That is what we have asked for.


     The next step is for ADOI to file a motion to reply to our recent motion. Then the matter will be set for oral argument.  Then we wait for a ruling and it usually takes a few days to a few weeks.


     If we do not prevail in Superior Court, we will immediately appeal to the Arizona Court of Appeals.  The time frame for a ruling there is several months.


     We will send out an email as soon as ADOI files a reply and a date for oral argument is set. We are sure that many of you will want to be in court on that day.


     Be sure to read the biography and list of key cases of ACS Attorney David Abney so that you will know we have one of the top lawyers in Arizona fight for us.  Click here to read his biography and list of prominent cases. Also, so that you can easily understand the lawsuit, click here to read the counts of the original lawsuit in plain English.


     What's at stake? Whether your future will be a cash practice or a health insurance-based practice. Right now, your practice is moving towards a cash practice with the spread of ASH. The only way health insurance will fully come back is if this lawsuit is won. The only way it will be won is if it is funded. Click here to join ACS or donate unless you want a full time cash practice with no health insurance. 300 ACS members are investing in restoring a health insurance practice we are waiting for the rest of you.



These are individuals who did not get their insurance from an employer but bought it personally on their own


     It is a simple but urgent request. By now, you have had many BCBS/ASH patients where necessary care has been denied. Approximately 10% of those patients have policies that they bought personally and did not receive from an employer. It is imperative that you have those patients contact Dr. Immerman personally to discuss the possibility of suing BCBS for bad faith. This will cost them nothing since attorneys take these cases on a contingency fee basis. It is urgent that you do this immediately.


     Bad faith lawsuits demand damages for the treatment that was not covered and also punitive damages. Wikipedia defines punitive damages as "damages intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will in fact receive all or some portion of the punitive damage award." The damages for the denied treatment may be a few thousand dollars, but the punitive damages may be hundreds of thousands or millions of dollars.


     Insurance policies from the workplace are governed by ERISA which does not permit bad faith lawsuits. If there is an unfair denial, you can only sue for the amount of the treatments that were denied. You cannot sue for punitive damages. Therefore, we need individual policyholders, not those who have coverage from their employers.


      Thus the importance of identifying which of your patients have individual BCBS policies, have had care unfairly denied by ASH, and immediately getting them in touch with Dr. Immerman. Have them call directly at (602) 368-9496. We only need 5-10 and then we may be able to certify a class of all Arizona individual BCBS policyholders. This may be the most powerful attack of all against unfair claims practices by ASH and BCBS. Therefore, please take action immediately.

Get Paid Chiro Systems is coming to Phoenix on May 21st, 8am-1pm, and Tucson on May 19th, 8am-1pm. This seminar is imperative for doctors and staff to attend because Dr. Ricchio will be going over getting paid 100% from ASH, BCBS, Aetna, UHC and all other insurance companies. He will also be going over cashflow and high income strategies. Click here for full information. Registration is limited!
GR emailer






Half Hour To Health & Wealth

Join us for a Webinar on May 16

Space is limited.
Reserve your Webinar seat now at:


The next 30-40 minutes could transform your world! LifeVantage has discovered a new category of supplement that is sweeping the nation. Learn how this public company is helping people take control of their health and create massive wealth along the way.



Half Hour To Health & Wealth


Monday, May 16, 2011


8:30 PM - 9:30 PM CDT


After registering you will receive a confirmation email containing information about joining the Webinar.


System Requirements
PC-based attendees
Required: Windows® 7, Vista, XP or 2003 Server

Macintosh®-based attendees
Required: Mac OS® X 10.4.11 (Tiger®) or newer

Click here to read the ACS Four Point Plan for ASH, 3 of 4 parts of which are in action now. Learn the all-important information about how to file complaints which YOU MUST FILE NOW against ASH with the Attorney General (click here for AG complaint instructions) and with the Arizona Department of Insurance (click here for ADOI complaint instructions). Click here to read the newsletter on the entire subject.



     Litigation is expensive but without it there is no hope of restoring insurance equality. We know that right now your cash flow is decreased because of current tactics by insurance companies. The only hope of reversing the status quo is to gain enforcement of our excellent insurance equality law. The only way to accomplish this goal is to get a judge to order ADOI to enforce the law. This takes a lawsuit which means lawyers and money.


    Be smart and invest in this lawsuit to restore health insurance coverage for chiropractic. There are multiple ways to help. You can either join as a member or donate in any amount by clicking on the Become a Member Online or Donate Today Online! You will be directed to our online secure server for your transaction. Act today and safeguard your future. This lawsuit is literally your only hope. Even $25 to $50 per month donations are meaningful and there is no doctor in Arizona that cannot afford this amount. Everyone needs to participate in this effort in order for us to have a chance at winning. It's  now or never. This is truly D-Day for chiropractic in Arizona.