Remember the Chiropractic Patients' Freedom of Choice Act (H.R. 7157), introduced in November 2018 and promising to "expand recognition and coverage of a doctor of chiropractic as a 'physician' under the Medicare program in connection with the performance of any function or action ... as is legally authorized by the State in which such doctor performs such function or action"?
Unfortunately, as happens with too many of the far-too-many bills introduced in Congress during any given year, H.R. 7157 died when the 2018 congressional session came to a close. Now here's the good news: This important piece of Medicare legislation has essentially returned under a new name – The Chiropractic Medicare Coverage Modernization Act of 2019 (H.R. 3654) – and with ample time for progression through Congress.
Bipartisan legislation introduced in the House by Reps. Brian Higgins (D-N.Y.) and Tom Reed (R-N.Y.), H.R. 3654 again stipulates that DCs be recognized as physicians in Medicare and be allowed to provide all services within their respective state's scope of practice. However, whereas the Chiropractic Patients' Freedom of Choice Act included a major limitation for DCs, the 2019 act does not.
As we reported last year, the Freedom of Choice Act stipulated a "limitation on payment" whereby chiropractors with aberrant billing patterns compared to their peers would be reimbursed only for manual spinal manipulation. The Chiropractic Medicare Coverage Modernization Act includes no such limitation, a point emphasized by John Falardeau, senior vice president of public policy and advocacy for the American Chiropractic Association (ACA):
"[I]nstead of excluding bad documenting DCs from participating, this latest version allows all chiropractors to bill Medicare for the full scope of their services allowed by their state, provided they have completed documentation training in the form of a one-time webinar or similar process, as determined by the Centers for Medicare and Medicaid Services (CMS). The bill's authors, and we, agree this is a less draconian approach, does not harm patients, and can more easily be implemented."
Editor's Note: To read the complete text of this important legislation and track its progress, click here.
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