Arizona Chiropractic Society eNewsletter

Breaking News      

August 2, 2011Newsletter Subtitle

Month Year
What's New Right Now!


BREAKING NEWS 08/02/11: ACS members are NOT paying back insurance refund demands. Learn why in this newsletter.


BREAKING NEWS 07/27/11: 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



ACS members are not paying back insurance company refund demands. With the help of ACS and the attorneys to whom ACS refers its members, the refund demands are either dramatically reduced or completely blocked.


Aetna demanded $20,000 in refunds from each of five clinics owned by two ACS members. They contacted ACS for help and in the end they paid nothing to Aetna. ACS knew just which attorneys to connect these doctors to, and these attorneys quashed the Aetna demands completely.


          Another member called with a demand from BCBS for over $90,000 in refunds. He was in a complete panic. ACS had him fax over the letters from BCBS and helped him draft responses. BCBS responded, and then ACS helped the doctor respond again. A series of letters went back and forth and the final result was that BCBS dropped its demand for any and all refunds. ACS literally saved this doctor $90,000.


          In another case, a doctor called with a demand from BCBS for $17,000. ACS helped him draft a letter back to BCBS and again, after a series of letters, BCBS accepted a total of $1,100 out of the original $17,000 demand. ACS saved this doctor almost $16,000.


          ACS members are not paying back insurance company refund demands. They are either blocking them completely or they are negotiating them down to pennies on the dollar.


          ACS uses many arguments in its letters to insurers. A typical one goes as follows. When the insurance company received the original claim, it performed a claims determination. Under ERISA, the plan only has the right to perform one claims determination. When the insurer makes a refund demand, it is essentially performing a second claims determination. It has in fact made an adverse claims determination that the claim was not payable after it made the first claims determination that the claim was payable. In the first letter, we explain that the plan had no right at all to open up the claim for a second claims determination and so the refund demand must be dropped. This argument often works on its own. If it does not, we have many more arguments to add on.


           Another argument comes when we inform the health plan that it is an ERISA Prohibited Transaction for a health plan to take money due to you on patient "B" to satisfy a debt owed from the account of patient "A". This is absolutely illegal but yet insurers do it all the time. We point out the illegality of this action to the insurers as well.


          Our strongest card is our connection with attorneys around the country who are involved in class action lawsuits against many of the insurers over illegal refund demands. Oftentimes, all we have to do is connect the doctor to one of these attorneys and then legal action is taken and the refund demand goes away overnight.


          Here's the bottom line: If you have a refund demand from an insurance company, you may not have to pay it. Check with ACS before ever paying such a demand. It is highly likely we will be able to help you reduce or eliminate the refund demand entirely. We have done so many times for dozens of doctors. Just call ACS at 602-368-9496 if you need help in this area.





           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 on the home page of You will quickly see how flawed the reasoning is at BCBS when you read the counter letter from the ACS attorney at the same site. 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.







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




          The many documents under this heading provide you with ammunition to defend your fee structure as usual and customary, how to file medical necessity appeals using all Arizona laws, how to file complaints with the Arizona Department of Insurance, how to file Small Claims Court Lawsuits, how to handle post payment audit review and refund demands, and a great solution for your cash practice called Chiropractic Lifecare of America (CLA). 




            ERISA governs all health insurance plans that your patients get from their employers so it is really important that you understand all of your rights under this law. We have put it all together in seven key documents including the most important provisions of the law and sample ERISA appeal letters. Everything you need for ERISA is right here.




          A chiropractor who formerly was a drug rep has put together a brilliant blueprint for how to meld your practice life with MDs. We provide the reference to her webpage and book. This is simply the best material on the subject out there today.




          Teaching compliance with record keeping and documentation in Arizona has always been a paramount goal for ACS, and so we have assembled a packet of information that is the most comprehensive available. Read the fruits of ACS' investigation along with an outline of the course on record keeping given by the lead Board auditor, full course notes of a lecture on the subject by a former Board chair, Medicare Noridian requirements, CMS rules for reporting timed codes, and eleven key office forms to use to streamline your operations and documentation.




The Chiropractic Board requires you have a Medical Record Protocol on file and ACS supplies it here. We also teach you how to search the National Library of Medicine and retrieve articles from a medical library. In this section is a limited power of attorney form directing payments to the doctor when insurers other than BCBS deny assignments of benefits. Also, don't miss reading the great article about state boards and disciplinary actions.




          Personal injury tools include the Arizona Bar Ethics Opinion that requires attorneys to pay your bill if they know it exists. We also have a position paper you can use to defend yourself when attorneys want you to pay 1/3rd of the collection costs, and when they want you to accept what the health insurance company has paid as payment in full, i.e., no balance billing. This section also includes all forms needed file County Health Care Liens, a Circular Letter from the Department of Insurance mandating fair investigations of low speed impact automobile accidents which can be used to combat insurance company fraud, and three invaluable forms for your PI practice.




                ACS Attorney David Abney has developed new lien forms that will force insurance companies to send checks directly to you even when the deny assignments of benefits. BCBS has initially refused to honor these new liens and so we expect to have to litigate to force them to do so. We intend to litigate to gain enforcement of our new liens, and have initiated a fundraising campaign for the lawsuit. No other health insurer has yet reacted to the new liens.


                The liens will also work in PI cases and in fact give the provider more rights than County Health Care Liens. We still recommend filing County Health Care Liens, but these liens cannot be filed in UM, UIM or medpay cases and so the new ACS lien is the only lien that can be filed in such cases. It is highly recommended that the ACS lien be filed in these cases. These liens are a very special new member benefit for ACS members.




ACS has developed a Position Paper documenting how your chiropractic education has provided you the foundation to be a courtroom expert in clinical biomechanics today. It is available to all members. 




3515 East Carol Avenue

Phoenix, Arizona 85028

VOICE: 602.368.9496 FAX: 866.567.6762





      Our sponsors and Corporate Members are very special to ACS. They help make it possible to bring our written and electronic information to you. They help pay for the ink and postage! Won't you please consider them when you need a service or product? We obviously wouldn't do business with them if we didn't think they were good folks. Please be sure to give them a look. They are supporting your profession and deserve your gratitude for that. Here are your ACS Corporate Members:


PINCUS & ASSOCIATES, PC AND PINCUS & LESPRON, PC - ARE YOU TIRED OF REDUCING YOUR BILL? With offices in Tempe and Tucson, there is no longer any reason for you to routinely reduce your bill on accident cases. Call Richard Cruz, Esq. at 480.777.2599 or Michelle Lespron, Esq. at 520.888.2599 to learn how it is to work with attorneys who understand how to beat the insurance companies at their own game. You deserve to be paid for all of the work you do!!! Click here for the firm's webpage with full information.


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YOUR LISTING HERE AND IN THE NEWSLETTER: Reach our Internet readership and approximately 2000 licensed chiropractors practicing in Arizona who receive the ACS newsletter monthly by U.S. mail! Contact ACS at 602-368-9496 or for more information.


SCOTTSDALE MEDICAL IMAGING (SMIL) AND THE CHIROPRACTIC CORRELATION REPORT by Terry R. Yochum, DC, DACBR: This new report will be provided, at no charge to you, for every patient you refer to SMIL for an MRI study. This is a compliment to SMIL's detailed radiology report. SMIL accepts assignment on PI cases and provides translators. Ten locations. For order forms, Call/email Shannon Barrow 480.425.4136 or


WHAT IS PROLOTHERAPY? Prolotherapy is an in-office treatment option designed to repair chronic tendon and ligament issues via the injection of natural solutions. Like chiropractic, prolotherapy is very technique sensitive. The practice of David A. Tallman, DC, ND has been exclusively limited to prolotherapy techniques for over seven years. Please contact the office at 480.922.1101 or visit for more information. Attorney liens accepted.


CANCER TREATMENT CENTERS OF AMERICA: offers whole-person, integrated cancer care by combining state of the art technology and conventional treatment with nutrition, naturopathic medicine, mind-body support, massage, acupuncture, spiritual support, pain management, rehabilitation services and chiropractic care. For more information, your patients can call 800-234-9113 or go to


TEAM MOTION X-RAY: Doctor what truly OBJECTIVE reproducible finding do you have to support your WHIPLASH diagnosis. Digital Motion X-ray is available to your patient at your office. Traumatic ligament instability is real, and could be proven. Visit and call 602-694-5014 for a demonstration. Arizona's mobile Digital Motion X-ray Center.


CUSTOM X-RAY EQUIPMENT SALES & SERVICE: The Arizona Chiropractic X-Ray Solution Since 1968. Affordable analog or cutting edge X-ray digital systems, all types, most manufacturers. Processors, film, supplies, complete service. 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.


SOUTHWEST MRI SPECIALTY CHIROPRACTIC MRIs: (480) 245-5848. Winner of 2010 Patient's Choice Award. Easy scheduling, cash discounts, same day report turnaround. Call to meet Dr. Azodo for additional information.


THE NIELSEN LAW FIRM PLLC -- AGGRESSIVE LEGAL ADVOCACY: Yuri Nielsen, Esq., 310 S. 4th St., Ste. 1401, Phoenix, AZ 85004. Call (602) 257-7535. Webpage:


PATIENT BUILDERS, INC. - NEW PATIENT MARKETING FOR CHIROPRACTORS: The Solution to the New Patient Dilemma! No more spinal screenings! No more spending money on marketing with "possible" results! No more spending maximum dollars with minimal results! We deliver new patients to your door when you want them! Call 480-756-9377 or email to get started.


PROFESSIONAL DEVELOPMENT COMPANY (PDC): WOULD YOU LIKE MORE PATIENT VISITS? Are your patients discontinuing care prematurely? 70% of new PDC clients increase weekly PVs, 30 within 10 weeks! PDC fees are only $180 for a 3 month trial basis. THERE IS NO CONTRACT! Call (800) 654-7600 for details.


THE ADLIANCE GROUP: Cooperative advertising now available to the Chiropractic communities in the Phoenix and Tucson metro areas. Increase new patient traffic within a 5 mile radius of your practice for a low cost monthly Co-Op membership. Join today as membership locations are limited:  

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.