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Building Kidney Yang and Jing
Kidney yang, if we include mingmen fire, is the energy and heat source for the whole body. Jing is the essence of yang, and is stored in the kidney, extraordinary channels, and in the bone marrow, which in TCM also includes the brain.
A Very New Year: It's Time to Track
As we enter 2017, we find "affordable care" is not so affordable for many individuals. They are discovering what employers learned long ago: Health care is expensive – and keeps getting more expensive.
Change on the Horizon? New White House Spells Shift in Health Care Policy
On the morning after Election Day, many in our country were surprised to learn that not only did the Republican nominee win the White House, but also that the House of Representatives and the Senate remain under GOP control.
The Key to Recovery
Starting in the 1970s and developing over a decade of assessment and improvement, the South Bronx's Lincoln Recovery Center staff refined the method of using five basic ear-points, which became the NADA protocol for the treatment of addiction.
Herbs for Digestion: The Power of Bitter
Many cultures (and indeed herbal clinicians) around the world have long respected the role of bitter herbs and foods for promoting digestion.
What Are Prebiotics – and Why Should You Care? (Part 1)
In previous articles, I spoke about the different kinds of fiber and their effects, and the potential risks of taking probiotics without also consuming prebiotic soluble fiber (PSF) in foods and/or supplements [see August & October 2016 issues].
Case Study of Benign Hand Tremors
Patients without degenerative diseases causing tremors are often given the diagnosis of essential tremors, for which treatment options are limited to lifestyle changes and medications.
Increase Your Practice Income With Retail Products
With only so many hours in a day, there is a cap on the revenue an acupuncturist can generate by way of appointments. Once your appointment book is filled, you can't really add more without burning yourself out.
The Mysterious Divergent Channels
The divergent channels are among the most mysterious entities in all of Chinese medicine. They are rarely mentioned, lacking reference in modern TCM study, and rarely used within popular Chinese medical treatment.
Losing Your Mind? Try Coconut Oil
Alzheimer's disease (AD) is currently the 6th leading cause of death in America according to the CDC. It affects over 5 million Americans and 50 percent of nursing home residents (2014), and is projected to spike to 16 million by 2050.
Top 2017 Health & Fitness Trends
We really did sign up for a career of learning and development. Now that you have built a strong foundation of your manipulation skills, nutrition base, movement assessments and business knowledge, it's time to keep up with the American College of Sports Medicine's 2017 worldwide health and fitness trends.
MD-DC Affiliations Under Fire
I am George P. McAndrews, lawyer for the chiropractors in the Wilk, et al., v AMA, et al., antitrust suit that resulted in an injunction against the AMA and others, banning them from interfering in lawful professional relationships between medical physicians and doctors of chiropractic.
Your Patients With Cancer Need You
It was a chilly Minnesota morning in March 1999 when she asked to speak to me alone. My then-busy chiropractic practice wasn't built for much privacy, but I quickly scooted the 60-some-year-old, white-haired patient to my exam room, as the open adjusting area was buzzing with excitement.
An Education in Stroke Risk and Chiropractic
Dr. Steven Shoshany's ninth appearance on "The Dr. Oz Show" may prove to be his most significant, as he addressed questions related to the death of Katie May, who suffered two strokes in February 2016, hours after her third visit to a chiropractor for what she described in a Twitter post as a pinched nerve in her neck experienced during a photo shoot days earlier.
Scope of Chiropractic Practice: Time for Change?
The University of Bridgeport, College of Chiropractic Student Government Association sponsored a panel discussion on Oct. 25, 2016.
Acute Locked-Back Syndrome: Cause and Correction
As we all know, occasionally a patient will present with acute-onset low back pain with or without a precipitating incident. A distinguishing feature of the presentation is visible lateral antalgia, both standing and walking.
Scar Reduction With Acupuncture & Microneedling (Part 1)
Applied correctly, modern skin needling techniques can form part of a holistic treatment and incorporate the principles of Chinese medicine.
Clinical Outcomes & Safety for TCHM
The practice of Traditional Chinese Herbal Medicine (TCHM) may appear archaic to those who misunderstand the theories and principals that guide it. In fact, TCHM continues to evolve and new systems are consistently being discovered and applied within the tradition.
May, 2013, Vol. 13, Issue 05
Temporary Injunction Granted in FL PIP Case
By Kathryn Feather, Senior Associate Editor
Circuit Judge Terry P. Lewis issued a partial injunction against the Florida Personal Injury Protection law, putting a halt - at least temporarily - to the portion of the law that requires a finding of an emergency medical condition as a prerequisite for payment of PIP benefits and that prohibits payment for services provided by massage therapists, acupuncturists and chiropractors.
The state's Office of Insurance Regulation quickly filed an appeal, which means claims cannot be filed and payments cannot be received on PIP cases until the next ruling is rendered.
Attorney's for the Florida PIP Defense Fund immediately filed an emergency motion to vacate the stay and that hearing was held in Judge Lewis' courtroom on Monday, April 1st.
As of press time, no decision had yet been made by Judge Lewis. The case could ultimately end up before the state's Supreme Court.
Attorney Adam Levine commented on the April 1st hearing in front of Judge Lewis, saying that, "Judge Lewis provided us with a very fair hearing which lasted more than twice as long as it was originally scheduled for."
Levine and Lirot reviewed the law with Judge Lewis and presented him with 63 affidavits. According to Levine, under cross examination, the state's witness, Sandra Starnes of the Florida Office of Insurance Regulation, admitted that the "statistics" upon which the 2012 PIP Act were based, were provided entirely by the insurance industry and no oversight or independent verification was ever undertaken by the OIR.
According to Levine, "we reviewed highlights of the facts supporting our position from exemplary experts from these affidavits and Dr. Erick Frank, DC, provided live testimony, doing an excellent job highlighting the multiple problems and unfair limitations caused by the challenged legislation's benefit limitation of $2,500 for PIP coverage, absent the undefined 'emergency medical condition' requirement, the nebulous characteristics of which Dr. Frank articulated perfectly."
A group of Florida massage therapists were hoping to close out 2012 with some positive momentum in their fight against HB119, which prohibits the state's massage therapists and acupuncturists from billing personal injury insurance.
The Florida PIP Defense Fund, a group assembled specifically to fight this bill, learned in the waning days of 2012 that the federal court canceled its hearing scheduled for December 27, 2012, and issued an order denying its motion for a preliminary injunction.
Attorney's Luke Lirot and Adam Levine then filed a motion to reconsider and they are also filed a response to defendant Kevin McCarty's request for dismissal on the day the case was due to be heard in Federal Court.
Lirot and Levine explained that, "we believed that the provisions of this act violated the rights of acupuncturists, licensed massage therapists and chiropractors in Florida. Specifically, we believed that these health care provider's rights, which are protected to due process and equal protection, were violated when Florida determined that in order to prevent fraud, all licensed massage therapists and acupuncturists should no longer be permitted to provide care to those injured as a result of a motor vehicle collision."
According to an earlier release from the Florida PIP Defense Fund, Constitutional attorney Luke Lirot filed a complaint for declaratory and injunctive relief against Kevin N. McCarty in his official capacity as Commissioner of the Florida Office of Insurance Regulation.
The complaint states that "the challenged legislation is invalid on a vast number of bases, generally summarized:
"In the end, Luke and I believe it was clear to the Court that we are representing all Floridians and that the state OIR is only concerned with helping PIP insurance carriers," said Levine.
"One wonders what the PIP insurer profits are and whether it was ever necessary for the state to approve the rate increases of the past, based on data supplied by the PIP insurers themselves. We remain cautiously optimistic regarding the outcome of this hearing," continued Levine.
In an article from the September 2012 issue of Massage Today, "Florida Legislative Update," Lirot said, "While Insurance companies might be able to pick and choose medical providers, treatments and so forth, the State cannot. If, as the Governor alleges, the high costs to insurers is due to fraud in the PIP system, why then eliminate an entire field of medical providers? Why not go specifically to the fraudulent activity and attack the ones perpetrating the fraud?"
Lirot continuIt is totally unreasonable, unjustifiable, arbitrary and overreaching to eliminate a whole profession of medical providers. Was it just because massage therapists and acupuncturists were the easiest to target?"
For additional information about the Florida Defense Fund or a history of this legislation, see "Legislative Changes in Several States" from the April 2012 issue, "Lawsuit Filed Against FL PIP Ruling" from the December 2012 issue or visit www.flpipdefensefund.com.
Massage Today will continue to monitor this lawsuit as it makes its way through the legal process. For the latest updates, visit www.massagetoday.com.
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