Arizona Chiropractic Society eNewsletter

Breaking News      

November 19, 2011Newsletter Subtitle

Month Year
What's New Right Now!


BREAKING NEWS 11/19/11: Chiropractors file opening brief with Arizona Court of Appeals in ADOI lawsuit over insurance equality law. Read full text on ACS webpage.


BREAKING NEWS 10/26/11: ADOI Director Urias' term expires Jan., 2012, relief may be in sight. With a new director comes new policies.


BREAKING NEWS 09/10/11: ACS hires powerful Rose Law Group as lobbying firm to protect profession at state legislature.


BREAKING NEWS 08/02/11: ACS members are NOT paying back insurance refund demands. Learn why by calling ACS.


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 of the ACS litigation to stop ASH from imposing its standard of practice onto the entire chiropractic profession. Go to 


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 about recordkeeping and documentation, key personal injury practice tools, 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


 Read and you will see why victory is inevitable


     The legal war is on in the Arizona Court of Appeals as the chiropractors have filed their opening brief as of Nov. 9, 2011. The response from the Arizona Department of Insurance (ADOI) is due within 40 days. The next step is oral arguments, usually scheduled within 2-3 months.


     Click here to read the entire 47 page legal brief submitted by the plaintiffs and you will see why victory is inevitable. ADOI simply will not win its argument that enforcement of all state insurance laws is discretionary, not mandatory, especially when state law specifically requires that ADOI "shall" enforce all Arizona insurance laws. ADOI has not denied that BCBS has violated the chiropractic insurance equality law, just that even if there are violations, ADOI has no duty to act. We predict this extreme, unprecedented, radical and frankly ridiculous position will be swiftly thrown out of court by the Court of Appeals.


     This litigation is, of course, expensive which is why we have asked all ACS members to increase their dues by $25 per month as part of the ACS "25's to Success" Program. This also helps fund the new ACS lobbyist, the Rose Law Group. We also ask doctors who are not members to consider joining immediately to support this vital litigation which must be won. It's either victory with this lawsuit or a lifetime under ASH.



     The six year term for Director of the Department of Insurance will expire for current Director Christina Urias in January, 2012. Director Urias was a Democratic appointee by former Governor Napolitano and so is not expected to be reappointed by current Republican Governor Jan Brewer.


     The ADOI Director has wide latitude to set policy. Director Urias has been singlehandedly responsible for the lack of enforcement of the chiropractic insurance equality law. A new Director could potentially reverse course completely and vigorously enforce the law as written. The "changing of the guard" at ADOI creates new worlds of possibilities for the chiropractic profession. Governor Brewer has a long history of fairness and so ACS is very optimistic about the new appointee.


     There will be intense lobbying surrounding this appointment. This is a time to be very grateful that ACS has retained the Rose Law Group to lobby for the profession. Lobbyist Tim La Sota will be very involved in lobbying for this appointment on your behalf.


     Stay tuned for breaking news.




      Based on nearly unknown BCBS contract clauses, BCBS will not cover chiropractic care for correction of subluxations or relief of pain. BCBS will only cover chiropractic if it is expected to, and then does, produce functional gains that can be objectively measured. Almost no chiropractor is documenting patient function objectively and then looking for gains on a regular basis. This provides BCBS a basis to deny claims when files are audited. 


     Therefore, ACS has created a package of functional assessment tools for members to use to evaluate and document function thoroughly. There is a functional capacity questionnaire along with all of the actual 12 assessment tools recommended for use by BCBS. Completing the package are four full-text modern journal articles about functional capacity evaluations. All documents are available on the Member Benefits and Practice Resources Page. Scroll down to #24.2.


     You will also find the legal response of BCBS to a lawsuit filed by a doctor over a claims denial. In this response, BCBS explains its contract language and exactly what is covered and what is not, i.e., there is only coverage for care expected to improve function. The presence of this limited chiropractic coverage language in all BCBS contracts is the basis for one of the counts in the ADOI lawsuit. This limitation only applies to DCs, not to MDs and DOs, and so is a violation of the insurance equality law, ARS 20-461. MDs, for example, can treat patients for pain and get paid by BCBS even if their function continues to decline based on objective measurements. This is illegal discrimination that will end when we win our lawsuit.




      The Rose Law Group is now working furiously on your behalf at the Legislature, Governor's Office and Attorney General's Office. With 32 lobbyists, the Rose Law Group represents 123 clients including Banner Health, the City of Phoenix and Homebuilders Association of Central Arizona. Read about Rose at Our choice of the Rose Law Group came after a many month, in-depth evaluation of all of the available lobbyists.


     Last year we came very close to having our insurance equality law repealed. We simply cannot take any chance of having that happen again. The Rose Law Group will be our firewall against that possibility. 


      We have gone out on a limb financially to retain the Rose Law Group. Therefore, we inaugurated the ACS "25's to Success Program". With this program, we ask all members to increase their monthly dues by $25. Only $25 more per month buys you the security of knowing the Rose Law Group will be watching your back. Please begin with your next payment to add on the extra amount. If you pay with a credit card, please email authorization for ACS to charge the extra $25 per month. $25 is nothing compared to the benefits we will gain by having the Rose Law Group on our side. Thank you in advance for your enlightened increased contribution.


    For those doctors not members of ACS, join now to help pay for the Rose Law Group if you want a future in chiropractic in Arizona. This move by ACS should finally get you to join especially after you read about Rose online. You want your practice to be protected by a lobbying firm of the caliber of the Rose Law Group and so will be happy to support them. 



ACS has two new dynamite documents in the Member Benefits. The first is 11.3 - Letter to fight refund demands. This is the most powerful letter of its type. If you receive a refund demand, contact ACS to work on strategy which will probably include this letter. The second is 34.1 -- Who Can an ARS 33-931 Lien Be Enforced Against, written by ACS PI attorney Steve Pincus. Many of you have called with perfected liens that insurers have not honored and asked what you can do to collect. Mr. Pincus wrote a position paper now available as #34.1 in Member Benefits. We highly recommend Mr. Pincus' law firms in Tucson and Tempe for your PI patients for high quality legal services, and in appreciation of the fact that Steve Pincus has been a Corporate Member and supporter of ACS and the profession for years. 



           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!






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 one year 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.


X-RAY EQUIPMENT * NEW * REFURBISHED: WE CATER TO CHIROPRACTORS!! STANDARD X-RAY -- OWNED BY A DC FAMILY! High Frequency X-ray Systems, Digital X-ray Systems * Digital Cassettes, 300 MA Systems * Automatic Processors, Chiropractic Tables * New * Refurbished, Statewide Sales and Service. Call Lisa Dionisio at 602-275-3344 or go online to


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. 


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.


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.