Board of Directors

October 2, 2003

Minutes

 

The following are informative minutes of the October 2, 2003 meeting of the WCA Board of Directors. Please note that these minutes may not cover all of the subjects discussed or motions passed by the board. The portion of the minutes dealing with confidential attorney-client communications, personnel issues, legislative strategies, communications with legislators, communications with government employees, political contribution strategies and specific complaints or information about individual practitioners is considered confidential by the board. WCA members may obtain detailed minutes by contacting the WCA office.

 

 

The meeting was called to order at 12:15 p.m. by WCA President Sherry Walker, DC at the Kalhari Resort in Wisconsin Dells. Member absent Dr. Steele.

 

Motion: Moved by Bronston, seconded by Henricks to approve the minutes of the September 4, 2003 meeting. Motion carried.

 

Antitrust Responsibilities of the Board

 

This being the first meeting of newly elected board members, the entire board was briefed on their antitrust responsibilities. In addition to the briefing each member of the board received copies of the state and federal antitrust compliance agreements for their review.

 

Worker’s Compensation

 

Kemper Insurance has challenged the worker’s compensation Necessity of Treatment Dispute Process by claiming that the state’s expert reviewer may decide liability issues. The state is defending its process in circuit court by stating that the reviewer exceeded his authority in commenting on liability questions. The costs of the appeal of being borne by the state.

 

HIPAA

 

The board was given a copy of an article that recently appeared in the Wisconsin Chiropractor which discussed the requirements for patient recall programs. Under HIPAA requirements a patient recall program is considered to be marketing and cannot be done unless the doctor has had the patient sign an authorization explicating allowing this type of marketing. The board was encouraged to share this information with their district members.

 

Physicians Plus – 98943 Code

 

Physicians Plus recently sent a letter to chiropractors stating, in part, that the WCA “approved a reduction in fees” for the 98943 code. The board was given a copy of the letter sent by staff to Physicians Plus in which the WCA took exception to the use of this language on the part of Physicians Plus. The board was reminded that the WCA does not ever approve fees of any type. To do would be a violation of state and federal antitrust law. The WCA requested Physicians Plus to change the language of their letter.

 

Analgesic Health Care – Fee Slitting

 

The board discussed a memo sent to WCA members which discussed the Analgesic services agreement. Particular attention was placed on potential violations of the fee splitting and Stark laws. Board members were encouraged to request that any member considering these arrangements obtain a written opinion from their attorney as to its legality.

 

Rising Medical Solutions – Denial of E/M codes

 

Rising Medical Solutions is routinely denying E/M codes when done on the same day as an adjustment. The board was encouraged to let their members know that the WCA will write a letter to Rising for each claim that is rejected.

 

Wisconsin Heights School District – Chiropractic Cost Containment

 

The Wisconsin Heights School District has analyzed its health car payments and has determined that many chiropractors have received payment for maintenance care in violation of the patient’s policy. The board authorized the staff to have discussion with the school district to foster means of communicating the importance of staying within policy limits so that more extensive cost containment measures are not taken.

 

Business Health Care Group of Southeast Wisconsin

 

This group has proposed restrictions on what providers charge for their services in the Milwaukee area. The board was reminded that the WCA cannot allow its members to discuss this proposal or any proposal that deals with pricing or managed care issues at one of its meetings.

 

Member Benefits

 

The WCA staff is looking at a broad range of new benefits for its members. The board was updated on the progress of these discussions and the impediments to some proposals.