resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Raditation & Your Smartphone: Is it Worth the Risk?
If radial arteries could talk (and in my experience they can to some extent), they would say, "Step away from the smartphone." At least that is the message I am receiving loud and clear as I feel the pulses of many patients.
New Relationships, Old Trauma: AOM & Other Healing Strategies
Being in love is one the most beautiful and enjoyable experiences. Most of us are willing to pay almost any price to have that experience, and still often find it elusive or fleeting. Navigating the ups and downs of loving relationships are often challenging — even for the most psychologically balanced among us.
Is It Time to Rethink Mental Illness? (Pt. 1)
Invariably, patients will ask their chiropractor about depression or various mental illnesses. Some practitioners will reflexively offer a cervical adjustment, suggest St. John's wort or contemplate a referral to a specialist.
A Daily Strategy for Heavy-Metal Detox
In modern society, we are constantly exposed to heavy metals such as cadmium, lead and mercury. These heavy metals have no essential biochemical roles in our body, and conversely, can cause us a great deal of harm if they build up to toxic levels.
A Major Role in Back Pain: The Multifidus
Back pain affects roughly 80 percent of the population at one time or another and is one of the leading causes of doctor visits.
Bill With Confidence: Learn What to Collect
Q: I am trying to understand what I may collect from my patient when there is insurance. Do I have to accept the amount allowed by the plan or may I collect up to my billed amount? Please note, I am not a member of any insurance plan.
An Unexpected Diagnosis: The Result of Lacking Communication
A couple years ago I had a case that showed me the importance of open communication between health practitioners. We need to show up with less fear, and let go of our judgments so we can do better for the patient.
Why I Quit Doing House Calls
My father was a chiropractor who did house calls, so when I became a DC, I figured doing house calls was part of the job. My March article recalled my experience as a small boy, accompanying my dad while he went to patients' homes to treat them.
Balancing Spring Challenges
As the winter months come to a close and warmer spring weather appears, patients may begin to present with new challenging pattern presentations.
Women's Hormones: A Western & Eastern Perspective
Sometimes it may seem that you require a degree in medicine to understand hormones and how they function.
Give Yourself the Digital Advantage
When you see this article in the print version of this issue and swear you read it already, don't be alarmed: you probably did. That's because by that time, the May issue will have been available online in digital format for three weeks.
News in Brief
ACA Adopts New Governance Model; ACA 2017 Awards; CCA Helps Calif. DCs "Share the Love"; $1 Million to Help Advance the Profession; D'Youville Raises the Bar on Anatomy Education; ErRatum.
Taking the Chiropractic Message to the Press
"There is no better place on earth to have a news event," the National Press Club boasts, and it's easy to understand why: Every year, the 108-year-old Washington, D.C.-based organization hosts countless press conferences on the hottest topics impacting America and often the world.
Universal Design: Principles & Practice
In many respects, universal design serves as the core of ergonomics. It's also a good tool to use when designing a return-to-work program for injured and/or ill patients. Let's take a closer look at universal design and why it should matter to you and your patients.
Clearing Blocks: A Way to Improve Cosmetic Acupuncture
As a Five Element acupuncturist who teaches facial acupuncture classes nationally, I was surprised to learn that one of the basic principles I was taught in school is unfamiliar to most acupuncturists.
Creating Good Business Buzz
What do patients really think about working with you? Rarely do you hear the whole truth. Those who improve may be candid in their gratitude.
An Integrated Approach to Chronic Pain
Findings from a unique Medicaid pilot project in Rhode Island involving high-use Medicaid recipients from two health plans were recently presented to the state's Department of Health, demonstrating stellar outcomes with regard to medication use, ER visits, health care costs and patient satisfaction.
Is the New Medicare Reporting Exemption Right for You?
What you've heard is not a rumor – there will be exemptions for providers of Medicare patients, with no penalties assessed for offices that do not do Quality Payment Program (EHR, PQRS, MACRA and MIPS) reporting.
Eczema & Acupuncture: A Sound Solution (Part 1)
Eczema affects approximately 3.5 percent of the global population and is one of the most common skin complaints seen by dermatologists.
January, 2006, Vol. 06, Issue 01
Managed Care Company Hit With $210,000 Judgment
Company engaged in the unauthorized use of Locator database.
By Editorial Staff
An Orange County Superior Court jury in Santa Ana, Calif. found American Whole Health, a managed care company, liable for damages of $210,000 for unauthorized taking and use of names and use of names and addresses of providers from the Web site of MPAmedia, the publishers of Massage Today.MPAmedia attorney Michael Schroeder praised the jury's decision. "This was an arrogant East Coast managed care company that thought they could take private names and addresses off a Web site and use them for junk mail. They even kept doing it after they got caught and were told to cease and desist."
One of the important services MassageToday.com provides to both massage therapists and consumers is the Massage Locator. The Massage Locator is the only online database of every known massage therapist in the United States. Over 2,000 searches are made on the Massage Locator each month. Each one of those searches represents consumers who are looking to find a massage therapist. The Massage Locator is the best referral database on the Internet.
To further protect therapists from unwanted solicitations resulting in their names being added to a bunch of junk mail lists, MPAmedia plants "seed names" that are registered with the U.S. Postal Service on all of its Locators. When a company steals one of the Locator databases off the Web site, they inadvertently mail their junk to one of those seed names and addresses. This is then reported and exposes the fact that the company stole the database.
In the first part of 2004, MPAmedia received a mailing piece from a managed care company called American Whole Health to one of its seed names. A cease-and-desist letter was immediately sent to American Whole Health. They responded by claiming that they were entitled to use MPAmedia's names, and MPAmedia received three additional mailings.
MPAmedia responded by filing a lawsuit in California Superior Court asking for an injunction, damages and legal costs. Interestingly enough, there were no more mailings to the seed names once the lawsuit was filed.
The fact that they did four mailings on different dates to different parts of the country over a five-month period, and that the names they mailed to were no longer in the database, was very revealing. It suggested the possibility that the company tried to cover up the theft of the database.
On Dec. 12, 2005, after three days of testimony, the jury decided unanimously for MPAmedia. They went on to award $210,000 against American Whole Health exclusive of attorneys' fees, which is a separate award to the prevailing party.
This decision is more than just one publisher taking on a managed care company for stealing its database. It reinforces MPAmedia's ability to protect therapists' contact information from companies that would like to take those names to send junk mail. This decision allows MPAmedia the ability to still provide an important online service that facilitates thousands of consumers locating therapists in their area.
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