resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Risk Factors for Heel Problems
Heel pain and gait disability are common occurrences in adults, often the result of thinning heel pads and a lifetime of exposure to heel-strike shock. One condition experienced by many people is plantar fasciitis.
Successful Strategies in Integrating Acupuncture and Shiatsu in a Hospital Oncology Program
Colleagues from the Network of Researchers in Public Health in CAM recently published an article of interest to our Traditional Asian Medicine community.
Collaboration for a Cause
The Patient Protection and Affordable Care Act strongly encourages the formation of multidisciplinary practitioner teams called Patient Centered Medical Homes (PCMHs) and Accountable Care Organizations (ACOs).
Flexion-Intolerant Lower Back Pain (Pt. 3): Mobilization & Soft-Tissue Treatment
What is the biggest challenge to the chiropractor in treating discogenic pain? You have to completely reframe the purpose of your manipulation. It is rarely about unlocking a stuck segment at the disc involvement level; it is not about putting a joint back in alignment.
Resilience is the New Longevity
Sometimes we must enter a room through one door and not another, even though they both lead into the same space. I am talking now of the recent cachet with the concept of "resilience" regarding health, chronic pain and longevity.
AAAOM – The Beginning of the End (Part II)
In 2012, the AAAOM board members met in Chicago for their annual meeting. The goal was to come to a consensus on a long list of issues the AAAOM needed to work on including a functional board and budget.
Green Tea Catechins Lower PSA, Other Biomarkers in Men With Localized Prostate Cancer
A 2006 study (Cancer Research) was the first human investigation to show that green tea catechins (GTC) are highly effective in reversing premalignant prostate lesions (high-grade prostate intra-epithelial neoplasia), an established precursor to prostate cancer.
Creating Child-Friendly Clinics with ABT
The Zurich Dojo was scattered with toy ducks, dolls, trains, exercise balls and teddy bears during my recent pediatric workshop.
Chiropractic Prevents ADHD? Research Shows...
Now that I have your attention, let me tell you what the latest study actually states. As you may have noticed, research over the past few years has begun to reveal that acetaminophen (the primary ingredient in Tylenol) is not as safe as once thought.
Monoculture of the Mind: Part II
Cases are built within boundaries. Such bounds may be a program, event, activity or individuals. In this instance, a medical case has boundaries that include clinical interactions that are comprised of history, signs, symptoms, diagnoses, treatment plans and treatments.
News in Brief
Hamm Elected New President of the ACA; WFC / ACC 2014 Education Conference: Call for Papers; F4CP Recognizes Standard Process as $1 Million Supporter; Texas Chiro. College Begins Search for New President; League of Chiropractic Women Hosts Women's Success Summit.
One and Done: Keeping Patients From Vanishing After Just One Appointment
What happened to my 3:30 p.m. ROF? They may have rescheduled, but there are two common answers no one wants to hear: 1) "She called to cancel. I tried to get her to reschedule, but she refused." 2) "She no-showed.
AAAOM – Making Promises They Can't Keep
When the AAAOM first formed in 2007, their mission was clear: to support the profession through education, resources and legislative advocacy. The first years of the organization were filled with promise and hope.
Leaving a Lasting Legacy: Donna Liewer
For the past 31 years, Donna Liewer has been on a personal mission "to comfort the afflicted and afflict the comfortable." In her role as executive director of the Federation of Chiropractic Licensing Boards, Liewer has accomplished that and much, much more.
Why DCs Need to Understand the Principles of "Inclusive Design"
In the past few columns, I've written about the negative effects of prolonged sitting at work. I've attempted to make the point that prolonged sitting (or prolonged standing) takes a toll on workers. Now let's discuss a related issue: the concept of "inclusive design."
Epigenetics: The Western Science Supporting Essence
Since the days of Darwin, western medicine has touted that our genes were set in stone, that our genetics were our destiny. We were told that the diseases that ran in our family were likely coming to us as well.
What is a Discipline in Medicine?
In my now prolonged dialogue with physicians, one question emerges with enough regularity to deserve mention and naming: what is a discipline?
Are You Guilty of Paternalism in Your Approach to Patient Care?
Einstein is purported to have said, "When a man sits with a pretty girl for an hour, it seems like a minute. But let him sit on a hot stove for a minute and it's longer than any hour. That's relativity." In some way, everything is relative to one's point of view.
Stress in the Modern Age: Impact on Homeostasis and What You Can Do (Part 1)
In 1926, Hans Selye first used the word stress in a biological context, referring to the nonspecific response of the body to any demand placed upon it.
Get That Shoulder to Move: Restoring Internal Rotation
How many times have you mobilized, performed ART, Graston, FAKTR and PIR, and stripped a patient's posterior capsule, yet on re-exam, discovered it was still blocked?
The Healing Properties of Light: An Interview With Researcher Anna Cocliovo
This interview is with Anna Cocliovo, a light researcher and Acupuncturist in Arizona. During my own research in light, I came across the article she published for the American Journal of Acupuncture and sought her out as a result.
Steven Rosenblatt: Birthing A Cross-Cultural Acupuncture Profession
The existence of a cross-cultural acupuncture profession in the United States, one that is legalized, licensed, supported by formalized, academic training and inclusive of non-Asian practitioners, is an important part of the medical landscape in this country and is responsible for improving the lives of hundreds of thousands of Americans.
December, 2013, Vol. 13, Issue 12
2013 Heroes of the Profession
Defending Massage Therapy In a Florida Court of Law
By Kathryn Feather, Senior Associate Editor
For more than a year now, attorneys Luke Lirot and Adam Levine, massage therapist Vivian Madison-Mahoney and CEO of Advanced Diagnostic Group, Kevin Johnson, have been waging a legal battle against the state of Florida on behalf of the massage profession.The fight to stop the harmful affects of HB119, which prohibits the state's massage therapists and acupuncturists from billing personal injury insurance, continues today as the appeals process winds its way through the Florida court system. With no end yet in sight, these four have vowed to continue the fight until justice is served. And that's why they are the 2013 Massage Today Heroes of the Profession.
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 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."
In April, 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 meant claims could not be filed and payments could not be received on PIP cases until the next ruling was rendered.
Fast forward to September 17th, where Adam Levine, appearing with Luke Lirot, argued before a three judge panel to uphold the ruling by Judge Terry Lewis vacating the automatic stay in his previous ruling. Levine presented the argument that "the Act is unfair because it singles out licensed massage therapists and acupuncture physicians to deny compensation for providing care and because they limit the care a chiropractor may provide. The Act is unjust, because it requires all citizens to purchase $10,000 in coverage, but only requires the insurer to provide $2,500 in benefits. Finally, the Act is unreasonable because the limitations and restrictions imposed by the Act have nothing to do with fraud prevention or good medical care."
Fighting the Good Fight
So, why did these four individuals come forward to challenge this law? "I am a first hand witness as to the phenomenal benefits of our valued hands on work to improve or correct soft tissue damage. I've been accepting a variety of insurance cases since my first week of being licensed in 1984, treating hundreds of injured patients referred by physicians," said Madison-Mahoney. "When it became very obvious that our leaders were not standing up for us, who could not see the potential damage and did not hear the cries of those who needed our help, I searched for a Constitutional, First Amendment Rights Attorney."
"I have always viewed myself as a staunch defender of 'the little guy' and I have fought governmental abuse in every aspect of my practice for over 25 years," said attorney Luke Lirot. "The 2012 PIP Act looked like a complete deprivation of the rights of medical professionals and consumers for the benefit of insurance companies, driven by political expediency. This was a constitutional case right down my alley."
"In this case, getting involved was an easy decision because this case is one excellent example of how the government has lost track of its most basic mission - to protect the health, safety, and wellbeing of its citizens," said attorney Adam Levine. "Here, the government appears only interested in supporting private business interests to the detriment of its citizens."
Where the Case Stands
According to Lirot, "on October 23rd, we received the decision from the First District Court of Appeals reversing the lower courts order for Temporary Injunction. This is something that we expected because, when the lawsuit was filed, it was predicated primarily on the healthcare providers 'right to work' theories. The 'access to the courts' argument was based on a facial constitutional challenge, which, at the point in time when the case was filed, since the legislation was not yet in effect, we had no one that had been denied coverage. The trial court based its injunction order on this important issue, but did not remark on any of the other primary arguments, thus the appeal went up on this sole issue."
"For the last year we have had our share of wins and losses, but the overriding fact is that our legal challenge is based on constitutional issues that affect providers and consumers alike. In its decision, the 1st DCA reversed the temporary injunction because they concluded that the Plaintiff healthcare providers lacked sufficient standing for an injunction on the sole issue of access to the courts. They said nothing about the merits of the other important issues raised, and, from an ideological standpoint, they actually recognized that the arguments raised were entirely correct, it was just the fact that the healthcare providers had not themselves been the victims of not having had their own 'access to the courts' rights limited. The decision essentially held that an injured person adversely affected by the 2012 PIP Act could bring their own constitutional challenge based on a violation of the constitutional right of access to the courts. We intend to file a Motion for Rehearing with the First District Court of Appeals."
A Team of Heroes
"We were/are simply doing what we think is right. The real heroes are those that stood up, like Vivian Mahoney and Kevin Johnson, and said - wait - this makes no sense. Those heroes are the ones that work tirelessly trying to raise support for our work. Unfortunately, we are facing both the government and the largest, most heavily funded lobby in Tallahassee that the government prefers to support over its citizens," said Levine.
"I don't feel I am any kind of a hero, I could just see the big picture, the handwriting on the wall if you will. I want to add a very special thank you to each and every donor, those who shared our information and who believed in us and our fight. It doesn't cease to amaze me how many massage therapists and chiropractors from out of the state of Florida (from 42 states) donated as well," said Madison-Mahoney.
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