Arizona Chiropractic Society eNewsletter

Breaking News      

July 27, 2011Newsletter Subtitle

Month Year
What's New Right Now!


BREAKING NEWS 07/2/11: Court dismisses ADOI lawsuit filed by chiropractors. An appeal will be filed immediately with the Arizona Court of Appeals. This bad decision will be reversed. Read the full story in this newsletter.


BREAKING NEWS 07/05/11: ACS recommends ideal solution for your cash practice. Read all about it in this newsletter.


BREAKING NEWS 06/22/11: New ACS lien forms work in UM/UIM PI cases.



BREAKING NEWS 06/03/11: ACS develops new lien forms to force insurers to send checks directly to you even if they refuse to honor assignments of benefits. Forms also work in PI cases and are more powerful than County Health Care Liens. Based on legal opinion from Attorney David Abney, truly a breakthrough. Read article in this newsletter.



The ACS Home Page: Constantly updated with breaking news, this is the site you have to keep checking back to see what is going on with your profession. Just click on


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 most practical, tried and proven resources for winning PI cases with special emphasis on low speed impact cases at


ACS Store: Click here for sample reports to rebut IME reports from MDs and DCs, and reports from defense biomechanical engineers and accident reconstructionists, plus literature reviews on forces involved in accidents, the threshold of injury, and much more. Click on    


Member Benefits and Practice Solutions: Includes extensive information on how to handle claims denials,  a blueprint for developing referrals from MDs, everything 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, 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



           The Court has granted ADOI's motion to dismiss the lawsuit filed against it by two chiropractors and a patient demanding enforcement of the insurance equality law. In her conclusion, the Judge stated:


"Mandamus is an extraordinary remedy issued by a court to compel a public officer to perform an act that the law specifically imposes as a duty. When an official has discretion about how to perform a function, mandamus is available to require her to act properly only if the official abuses that discretion. See Sensing v. Harris, 217 Ariz.261 (Ct. App. 2007) and the cases cited therein. In this case, the Director of Insurance has discretion to enforce the insurance laws of this state. The provision of law that Plaintiff seeks to enforce by mandamus provides that deductibles are not prohibited when applied to paying charges for reasonable and necessary services. The law does not impose upon the Director a specific action or requirement to act. Mandamus is not available under these circumstances."


          An aberrant ruling by a single superior court judge was not unexpected, and so we will be filing an appeal of this judgment within 1-2 weeks with the Arizona Court of Appeals where we expect to get a fair hearing. We knew from the beginning of this litigation that it was NOT going to be decided in the lower courts. A decision by the Court of Appeals should come next year. We do not believe the Arizona Supreme Court will consider a case like this, so the Court of Appeals decision next year will be final. We have always been far more optimistic about the likelihood of the Court of Appeals enforcing a Mandamus Action than any superior court judge.


          The entire judge's ruling is posted on the home page of One thing is for certain. We are right on the facts and we are right on the law and so we will win in the end. Keep the faith!





           BCBS has finally responded to one doctor's UCC lien and rejected it completely, stating it will not honor the lien at all. The chief BCBS attorney wrote a letter which you can read here: Raynak letter . You will quickly see how flawed the reasoning is at BCBS when you read the counter letter from the ACS attorney by clicking here: Abney letter  . The only solution is litigation and so that is what ACS is planning.


          What is at stake? Whether or not insurance checks are sent to your patients or to you for the rest of your career. In order to have them sent to you, we must sue and win over the UCC liens. In order to fund the litigation, we must have $500 contributions from every doctor. We are, after all, suing Blue Cross Blue Shield of Arizona, and expect the lawsuit to go through every conceivable state and federal court before we win. Once we win, the $500 investment will seem like nothing compared to the gain.


          We are ready to launch this lawsuit as soon as we have the funds in hand. Send your checks made out to ACS to ACS at 3515 E. Carol Ave., Phoenix, AZ  85028, or authorize ACS to bill your charge card on file for the $500 contribution. Be sure to read the letter from our attorney so that you know how strong the legal ground is that we are standing upon. We can and will win this lawsuit also.





ACS will be offering a 3 hour CE course in personal injury documentation, history taking and intake procedures, examination and diagnosis, and outcome assessments. The instructor will be veteran PI expert Dr. Sheldon Tauber. The date will be Sept. 22, 2011, 10 AM to 1 PM, location Tempe, specifics to be announced. Cost will be $99 for ACS members, $149 for non-members, $20 discount if you register prior to Sept. 1, 2011. Call ACS at 602-368-9496 to register. Seating is limited so don't delay! 




           The new ACS health insurance lien forms also work for medpay, UM and UIM insurance companies where County Health Care Liens do not work. You can file these liens with such carriers and they will have to honor them and send the checks to you. County Health Care Liens only work with third party insurers, not first party insurers such as UM, UIM and medpay. These liens are already proving to be of great benefit to ACS members in many PI cases where they previously had no protection for their bills.  


          ACS members have been sending the new lien forms into health insurance companies that do not honor assignments of benefits and none have yet stated they will not honor the liens. The ACS attorney is confident that the insurers will have to comply. This will be the end of the "check-chasing" game where the insurer sends payment to the patient and the doctor has to track down money that often is spent before it can be sent to the doctor.


           Non-members can have access to the new lien forms today by joining ACS. It is as simple as calling 602-368-9496 or going to and clicking on Become a Member Online on the top left of every page. Protect your UM/UIM cases today!




         Alan M. Immerman, D.C., ACS President


 When we had our day in court a few weeks ago against ADOI, I was stunned to see more than a few AAC leaders such as Dr. Don Dearth in the gallery. I said to Don, "why are you here, your association never mentions that it cares about this lawsuit, what is your interest?" He admitted that he cared a whole lot about the ADOI lawsuit and really wanted to see what happened that day in court. Well of course he cares and so do all of the leaders of the AAC and every other chiropractor in Arizona! Insurance reimbursement is on the line!


But I ask you this: Why has the AAC never come out and endorsed the lawsuit against ADOI? Why has it never told doctors to financially support this expensive legal effort? Why is it that no single AAC leader has donated a single penny to the legal fund even though every doctor wants a victory as bad as every Arizona DC? One reason: ego. It is not an AAC lawsuit or initiate, it is seen as an ACS effort. There are some doctors who would rather see the lawsuit fail than to support anything that has come from ACS. If the AAC were to endorse a major ACS effort, would the purpose be for the AAC? Some doctors are more concerned about the survival of the AAC than the survival of the profession. To these doctors I say: "Shame on you." This lawsuit deserves the support of every doctor and every association. The AAC should have come out in favor long ago. It has brought nothing but disrespect onto itself for not doing so. We are not fighting for ACS, we are fighting for the survival of all chiropractors in Arizona regardless of affiliation.



Arizona Chiropractic Society - MEMBERSHIP AND MEMBER BENEFITS





Attention ACS Members: You can now log in to the ACS webpage and then all of the documents below will become "live" and will open when you double-click on them. Just go to the Login Button on the top left of every page. Enter your email address and click "Forgot Password." Your password will be emailed to you. Use it to log in and then return to this page and you will have instant access to all of the documents. New members gain access immediately upon joining.




ACS offers its members a wide range of benefits and services including a group medical, life, dental and vision programs.


1 -- Group Medical, Life, Dental and Vision Programs -- Membership Form.pdf:  Group health insurance for ACS members with guaranteed issue coverage begins after a 90 day waiting period with no medical underwriting. PPO and HMO plans are available statewide.


2 -- Group Medical Insurance Info.pdf


3 -- General Benefits and Group Medical Insurance Pamphlet.pdf




4 -- Fees allegedly above Usual and Customary.pdf:  How to protest when an insurance company claims your fees were too high.


4.1 - Chiropractic Lifecare of America Page.pdf: The solution for your cash practice.


5 -- Grievance Letters -- The Best Way to Get Insurers to Pay.pdf:  How to use the Arizona grievance law, a powerful tool to bring pressure on an insurer that misbehaves.


5.1 - Grievance Letters and Law Explained.pdf


6 -- Health Care Appeal Request Form.pdf:  There is a legal process when a claim is denied as not medically necessary. This is a sample request form. #7 contains complete instructions.


6.1 - Health Care Appeal Request Form for Expedited Medical Reviews.pdf


7 -- Health Care Appeals Process.pdf:  A three level process. The third level involves review by an independent party chosen by the Arizona Department of Insurance and paid for by the insurance company.


8 -- How to file a complaint with ADOI against an insurer.pdf:  When insurance companies violate laws, complaints must be filed.


9 -- Medical necessity appeal letter.pdf:  An excellent general appeal



10 -- Small Claims and Justice Court Instructions.pdf:  Sometimes the only solution when an insurance company does not pay is a lawsuit. Here are instructions for suing an insurance company.


10.1 - Small Claims and Civil Suits Instructions Simplified.pdf


11 -- Timely Payment of Claims, Adjudication, Adjustments.pdf:  Claims must be paid within a certain time frame, and demands for repayment can only be made within certain guidelines. This document contains the legal details.


11.1 - Timely Payment of Claims, Adjudication and Adjustments.pdf: ADOI Info Brochure. 


11.2 - Post Payment Audit Demands information.pdf




12 -- ERISA Claims Procedure DOL Rule 29 CFR 2560.5030indf:  Key section of the law which you need to know to get results with your appeals.


13 -- ERISA Letter to File an Appeal.pdf:  Use this letter today to get results when claims are denied.


14 -- ERISA Letter to Request for a Copy of the Summary Plan Description, Claim Appeal Procedure, EOB.pdf:  The first step in an ERISA appeal is to get a copy of the plan document. This is the letter to send.


14.1 -- ERISA Patient Authorization Form.pdf: Your patients must sign this form so that you can file appeals and request a copy of the Summary Plan Description on their behalf.


15 -- ERISA Self-Insured Plans ADOI Letter.pdf:  This is the position of the Arizona Department of Insurance regarding ERISA self-insured plans.


16 -- Understanding ERISA.pdf:  Complicated subject, simple explanation.


17 -- Understanding ERISA Detailed.pdf:  Complicated subject, detailed but understandable explanation.





18 -- The path to medical referrals.pdf:  Key information about how to get referrals from MDs and DOs.


19 -- MD-DC Alignment in Practice.pdf:  An entire book by a DC who once was a drug representative and knows exactly how to get into and talk comfortably with MDs and DOs. This is a blueprint with detailed plans.




20 -- Recordkeeping as Mandated by the Arizona Chiropractic Board.pdf:  Detailed instruction complied and updated by ACS over many years.


21 -- Record Keeping and Documentation Course.pdf:  Outline of course given by lead auditor retained by the Arizona Chiropractic Board.


22 -- Record Keeping 2005: Full course notes given by former Chiropractic Board chairman. Click here to open this 56 page document with complete instructions on record keeping.


23 -- Medicare Noridian Chiropractic Coverage and Documentation 2010.pdf


24 -- CMS Rules for reporting timed codes.pdf:  These are the rules for reporting timed codes which you must follow to be in compliance with the requirements of the Arizona Chiropractic Board for all documentation.


24.1 -- Forms:

1.      Assignment of Benefits and Payment Agreement Form

2.      Informed Consent

3.      Nordhoff Patient Intake Form 2000A

4.      Nordhoff Patient Intake Form 2000A Updates

5.      Nordhoff Patient Intake Form 2000B

6.      Update to Nordhoff Forms

7.      Pain Drawing 2011

8.      Medicare Records 2011

9.      Pain Intensity and Disability Graph for Documenting Recovery

10.  Progress SOAP Note

11.  Outcome Assessment Tools for Neuromusculoskeletal Conditions including Numeric Rating Scale, Visual Analogue Scale, Oswestry, Roland Morris, Neck and Extremity Disability, Fear Avoidance, Patient Health Questionnaire and more.  


     Lawrence S. Nordhoff, Jr., D.C., is the preeminent author of chiropractic office forms today. Forms #3-9 above were created by him. ACS urges you to buy his entire book of forms for only $150. His webpage is Part of the purchase price will be donated to the ACS legal fund. 




25 -- Medical Records Protocol 2010.pdf:  Arizona Chiropractic Board requires you have this on file in your office at all times. ACS updates the Protocol whenever the law changes and sends the updated version every year to members.


26 -- How to search the National Library of Medicine and retrieve articles from a medical library.pdf:  These are the types of journal articles the Arizona Chiropractic Board requires you to have to back up your claims.


27 -- DC Power of Attorney directing payments to doctor.pdf:  Use when an insurance company refuses to honor assignments of benefits.


28 -- DC Power of Attorney Instructions.pdf:  Instructions for #27.


29 -- State Board Investigations and Disciplinary Actions.pdf:  Every doctor with a state license needs to read this background document about boards and discipline. Forewarned is forearmed.




30 - Ethics Opinion 98-06 which requires PI lawyers to pay your bill if they know it exists (constructive knowledge) even if there is no written agreement.


31 - Balance Billing in PI Cases:  Why balance billing to a third party insurer is almost always allowed in PI cases including citations to legal authorities.


32 - PI Attorney's Explanation of Healthcare Provider Liens: Detailed explanation of the  law.


33 - Sample form for Notice and Claim of Medical Lien:  Fill in the blanks with your office information.


34 - Sample form for Release of Medical Lien:  Fill in the blanks with your office information.


35 - Arizona Department of Insurance Circular Letter 2000-02 mandating fair investigations of low speed impact automobile accidents. Use to combat insurance company fraud.


36 -- Forms:


Attorney Lien Form

2.      Automobile Accident Report Form

3.      Injury Causation Checklist






3515 East Carol Avenue

Phoenix, Arizona 85028

VOICE: 602.368.9496 FAX: 866.567.6762



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Click here to learn how to become a Corporate Member -- Platinum, Gold and Silver Levels Available


ACS posts listing of Corporate Members and Sponsors here and Online Classifieds here. Our Corporate Members offer great services and products and they support the Arizona chiropractic profession. You should FIRST do business with them.


Pincus & Associates, PC and Pincus & Lespron, PC: excellence in personal injury law. Click here for the firm's website.


Standard X-Ray: x-ray services and supplies. Website: Call Lisa Dionisio at 602-275-3344 or go online to


Dr.. Tallman NMD Prolotherapy: naturopathic medicine. Contact the office at 480.922.1101 or visit for more information.


Scottsdale Medical Imaging (SMIL): medical imaging with MD and DC reports. Ten locations. For order forms, Call/email Shannon Barrow at 480.425.4136 or


Cancer Treatment Centers of America: full service conventional cancer hospital with the bonus of naturopathic and chiropractic care, healthy organic nutrition, much more. For more information, your patients can call 800-234-9113 or go to


Team Motion X-Ray: mobile digital motion x-ray to objectively document ligament instability. Visit and call 602-694-5014 for a demonstration.


Custom X-Ray Equipment Sales & Service: The Arizona Chiropractic X-Ray Solution Since 1968. Call Custom X-Ray at 602-439-3100 or 800-230-9726.


Wholesale Credit Card Processing for ACS Members: ACS has teamed up with Eliot Management Group to offer members special WHOLESALE RATES on their credit card processing! ACS itself has converted all processing to Eliot due to the incredible savings. Contact Jerry Waling at 602-685-1400 today!


ChiroFutures Malpractice Program: Securing the future, managing your risk. Comprehensive coverage and competitive rates. Best value in the market. Contact: or 800.219.9090. Key administrator is Dr. Matt McCoy, a name long associated in chiropractic with integrity and intelligence.


Protandim Is A Great New Herbal Product For Patient Health And Your Bottom Line. Breakthrough patented blend of herbs to combat aging and many diseases is supported by seven peer-reviewed studies. Doctors around the country are experiencing new explosive income from this source in their practices. Call (800) 808-9442 to learn how to distribute and begin to help patients now. Endorsed by Dr. Immerman due to the scientific evidence.


Click here to learn how to become an ACS Corporate Member -- Platinum, Gold and Silver Levels Available


To see the sizes and costs of Corporate ads in the ACS newsletter and online, click here. The deadline for placing an ad is the 28th of the month preceding publication. Call ACS at (602) 368-9496 or send an email to to place an ad.


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.