Arizona Chiropractic Society eNewsletter

Breaking News      

February 24, 2012Newsletter Subtitle

Month Year
What's New Right Now!


BREAKING NEWS 02/24/12: MUST READ: Plaintiffs' Reply Brief with Court of Appeals in ADOI lawsuit. Click here to read entire brief and see why victory is inevitable. This lawsuit is the only path to insurance equality in Arizona.


BREAKING NEWS 02/17/12: Dangerous PI bills must be killed or you will have to accept health insurance as payment in full. Read how to take urgent action steps today. 


BREAKING NEWS 02/17/12: Dr. John Amaro Acupuncture Class March 24-25 in Phoenix. If you ever wanted to learn acupuncture, this is the class to take. Read all about it in this newsletter.


BREAKING NEWS 02/07/12: Senator Gray kills SB 1250 Health Insurance; Interstate Purchase, dangerous bill for chiropractic profession.


BREAKING NEWS 01/28/12: ADOI files opening brief in Arizona Court of Appeals. Check back daily at for posting of full document.


BREAKING NEWS 12/22/11: ACS releases 2 minute killer video that tells whole story about BCBS, ADOI and ASH. Distribute widely!


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.


The ACS Home Page: Constantly updated with breaking news, click here:


MedicoLegal Services: Find the best resources for winning PI cases with special emphasis on low speed impact cases at


ACS Store: 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: How to handle claims denials, a blueprint for developing referrals from MDs, all about recordkeeping and documentation, key PI practice tools, and much more. Click here to go to the Member Benefits and Practice Solutions Page. 


LIVE Help Line: (602) 368-9496. Call now for LIVE HELP from Dr. Alan Immerman, a veteran DC with 32 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.


Scroll Down for Member Benefits and Practice Resources or Click Here




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.


DAVID TALLMAN, DC, NMD: Practice exclusive to prolotherapy for over 10 years. 480-922-1101 or for more info. 


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 800-230-9729


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.






 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






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 Plaintiffs have filed their Reply Brief in the Arizona Court of Appeals in the ADOI lawsuit. Click here to read the entire brief and you will see why victory is inevitable. This lawsuit is the only viable path to insurance equality in Arizona. The legislative effort attempted by others died without receiving even a single committee hearing due to pressure from the insurance industry. Help has been denied from the offices of the Governor and Attorney General. All hopes ride on this lawsuit. Fortunately, ACS has retained the finest appellate lawyer in Arizona, David Abney, to litigate this matter. 


      The next step is oral argument in 2-3 months and then a verdict about 3 months later. Whichever side loses will appeal to the Supreme Court, but it is not likely they would take up such an appeal, leaving the Court of Appeals decision as final. This means we could have insurance equality well before the end of the year.


     In order to continue to afford to fund this lawsuit, ACS calls for doctors who are not members to join as soon as possible. Litigation against the State of Arizona is expensive and we need your help. It is burdensome for only 300 doctors out of 1,700 in Arizona to carry all the financial weight of this lawsuit. You can join online electronically or simply give ACS a call at 602-368-9496 and we will sign you up in a few minutes over the phone. It's your choice: Support the lawsuit and work to free yourself of a lifetime under ASH, or live with the status quo for the rest of your career. ACS members have chosen to fight until we win.




     As soon as it passed committee in a fairly innocent form, an amendment to HB 2546 was proposed for the full House that, if passed, would require you to accept what health insurance pays as payment in full on PI cases. You would not be allowed to file and collect on a County Health Care Lien if health insurance had paid for the services rendered. This would be an unmitigated disaster and so the bill must be defeated. This amendment also shows the true intent of the sponsors which is to cut payouts by auto insurance carriers and so we also are now calling for defeat of the companion bill HB 2547 which could also be changed at any time to have equally dire consequences for injury victims and their doctors.


     You must immediately email and call your two House members and ask them to vote against these two bills. To find who they are, go to How Do I Find or Contact My Legislators? on the home page at and follow the links. Simply say or write: "Please vote no on HB 2546 and HB 2547 since they would cheat people out of all of their insurance benefits." Do it today! We will be working hard at the Capitol to defeat these bills. 


      On a positive note, we have completely defeated SB 1250 Health Insurance; Interstate Purchase, a bill which significantly threatened the very existence of our insurance equality law. We primarily have Senator Linda Gray to thank for this. She stood strong under tremendous pressure in the Senate Banking & Insurance Committee and now the deadline has passed and the bill is dead. It could be resurrected and so we will be on the watch.


MARCH 24-25


     The "Father" of Chiropractic Acupuncture will be presenting his seminar in Arizona on March 24-25. This is an opportunity to learn from the master and originator of acupuncture in our profession, Dr. John Amaro, a resident of Arizona for over 30 years. He has taught and researched acupuncture all over the world more than anyone in our profession and so this is an opportunity you do not want to miss, 100% endorsed by Dr. Immerman and ACS. Email, go to, or call (800) 327-1113 for registration information.


     With the classroom and online programs offered, you can take anywhere between 15 and 300 hours of education in acupuncture from Dr. Amaro. You can gain the hours needed to qualify for certification in acupuncture by the Arizona Chiropractic Board, or you can learn non-invasive PT stimulation that qualifies as "AcuPoint Physical Medicine" not requiring Board certification. The program is cosponsored by the International Academy of Medical Acupuncture and New York Chiropractic College Dept. of Post Graduate Education. 


An Editorial by Alan M. Immerman, D.C., ACS President 


     Our only hope is litigation to restore insurance equality in Arizona. The Arizona Department of Insurance has refused to enforce our insurance equality law which is why we have sued them. The Governor's Office and the Attorney General's Office have both turned a blind eye towards blatant lawbreaking by insurance companies. Legislation to solve the problem was killed by the insurance industry without receiving even one committee hearing. The only place insurance company money is not in control in Arizona is the Arizona Court of Appeals and Arizona Supreme Court. Therefore, that's where ACS has gone for justice.


     Litigation is expensive. We have the facts on our side but will only win if we can continue to pay attorneys' fees. Unfortunately, with ASH in control of the purse strings, almost no dollars are flowing to doctors which makes it difficult for some to pay association dues. This creates the ultimate Catch-22: Will doctors be able to pay dues long enough to finish and win the lawsuit?


     The future is in your hands, doctor. Clearly, litigation is the only way. We are firmly in the middle of the war in the Court of Appeals. A final decision will come this year. You have two choices: Fund this lawsuit with ACS dues or live forever under the ASH regimen imposed on you this year. Fortunately, there are still hundreds of doctors paying dues to ACS and so we can still pay all legal fees and costs, but it is getting tighter as ASH tightens the noose around doctors' necks. Therefore, we call again for any doctors not already members to join immediately and support this most important of all possible causes. It's literally now or never. Also, current members are strongly urged to up their dues by $25 per month if at all possible. Notify ACS immediately if you can. This is the ultimate war for survival of chiropractic in Arizona as we have known it. We can and must win this lawsuit, but only will if we can keep funding it. That is in your hands to decide.


           On 02/23/12, I completed my 64th trial in Superior Court since 1997. In that time I have also had 43 depositions, 17 arbitrations, and written 1,500 rebuttal reports. I have qualified as an expert in proving the medical necessity of chiropractic care, biomechanics and accident reconstruction. I share my experience freely with ACS members as a benefit of membership. I help members prepare for deposition and trial. I help them prepare reports to rebut unfair defense experts. I supply them with the best journal articles to counter almost any argument conceivable. These services are not ordinarily offered by a state association, but no one ever said ACS was ordinary. We can really help you with your PI cases and are glad to do so. If you are a member, use this service if you need it. If you are not yet a member, this service alone is worth far more than the dues.



     ACS has learned that ADOI Director Urias is not going be reappointed. Here is the link to the posting of the new job opening for an ADOI Director on the Governor's webpage: ADOI Director Opening 


     The Governor's nominee will have to be confirmed by the State Senate. There will be hearings in a Senate Committee and public testimony will be taken. By law, anyone can speak for up to 5 minutes. We will have a series of speakers ready to tell the committee about the complete breakdown and lawlessness at ADOI, and the need for a new Director who will commit in advance to fixing it. These hearings will come up in a few weeks or months and publicized by your news source, ACS.



     You have a delightful surprise in store the next time you visit the ACS website at Prepare for a whole new look and ease of navigation. The website will just open up for your use like never before. Click on the link now and take a look. Members should be sure to look at the Member Benefits and Practice Resources Page and take advantage of all the resources found there. They are now extremely easy to access. We would appreciate any feedback you might have on our new look!



      Our PR firm has produced an absolute killer two minute video "Small Business Chiropractors Flee Arizona." Here is the link on YouTube: You absolutely have to stop everything and view this video right now. It is that powerful.  


     Distribute it immediately as widely as possible as quickly as possible via email, social media, etc. It is likely to win the war for us as you will see. This will be seen by every one of the 90 state legislators and the Governor many times, we can assure you of that. 



           Arranged by ACS PR firm Rose+Moser+ Allyn, ACS held a press conference at the State Capitol on Dec. 13th to protest ADOI Director Urias' refusal to enforce the insurance equality law, and to call for her replacement with a Director who will enforce the law. Senator Linda Gray joined ACS in asking for Director Urias to resign immediately so that Governor Brewer could immediately appoint a replacement. The press conference was a huge success with stories appearing on the evening news of every Arizona TV and radio station, and every newspaper the following day. 


     ACS has prepared a full report about the press conference including links to five newspaper articles such as the Arizona Republic and the Associated Press and two TV station video stories. The report also includes Dr. Immerman's short speech. You can find the report at under Breaking News, second entry dated 12/14/11. Doctors reported many patients talking about the unfair treatment by BCBS for days after the press conference. The attention brought to bear by this event is an extremely important part of the ACS effort to restore insurance equality for chiropractic in Arizona.




      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. 

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.