resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
Dysautonomia: The Medical Condition You May Already Be Treating
TCM practitioners have spent thousands of years healing patients without knowing or needing the names of their diseases as defined by allopathic medicine. We have syndrome names that are both poetic and efficient.
Workers' Back Pain: Causes, Costs & Solution
You will want to share two important papers published in the past several months. Why? When read separately, each provides valuable information relevant to your patients, community and practice; together, they tell a compelling story.
ITB Syndrome: Treat the Tensor Fascia Latae
Iliotibial band syndrome is usually the result of repetitive knee flexion, such as in runners or cyclists. Pain may be experienced in the knee and/or the hip. The patient may express a sense of the hip dislocating, popping or snapping.
Getting Paid by Medicare Is Getting a Major Adjustment
The 2015 Medicare Access and CHIP Reauthorization Act (MACRA) was signed into law to implement a new approach to clinician payments and replace the Sustainable Growth Rate formula.
Upgrade to "Parker 2.0" in Las Vegas
Continuing your education and refining your practice: two key elements of a successful chiropractic career. Parker Seminars promises both as it celebrates its 65th anniversary in Las Vegas next February, according to Parker University President, Dr. William Morgan, and seminar consultant Dr. Mark Sanna.
Update from the International AIDS Conference
The 21st International AIDS Conference in Durban, South Africa, brought together more than 15,000 of the world's leading scientists, activists, funders, policy makers, and consumers from 153 countries.
Pediatric Asthma: A Case Study
I have had very good success with pediatric asthma, combining acupuncture with Chinese herbal products. Treatment is given over four to eight months, twice monthly, with herbal formulas rotated every month.
Natural Cancer Prevention: Pomegranate for the Prostate
In recent years, the ingestion of pure pomegranate juice (8 ounces per day) has been shown in clinical studies with human subjects to slow, and to some degree, reverse, the progression of prostate cancer – the second leading cause of cancer death in North American men.
Integrative Cancer Care: Chiropractic for Chemotherapy-Induced Hiccups
Hiccups (singultus) are a frequent occurrence during cancer treatment. The cause of the hiccups may be the chemotherapy drug itself, such as Cisplatin; or the prophylactic use of corticosteroids such as Decadron, which is used to prevent nausea and/or vomiting.
Treating Peripheral Neuropathy: Multi-Faceted Approach Including Laser Therapy
Peripheral neuropathy affects at least 20 million people in the United States1 and nearly 60 percent of all people with diabetes suffer from diabetic neuropathy. Many suffer from the disorder without ever identifying the cause.
Decoding the Mystery of Medical Insurance Acceptance
In the constantly evolving profession of acupuncture, one of the least understood areas is medical insurance acceptance. The profession is filled with controversy surrounding this topic: Is it ethical?
First Annual ICD-10 Updates Take Effect
Yes, there was an update to ICD-10 codes on Oct. 1. It was a regular update to the diagnosis coding system and will take place every Oct. 1, just as it did when the ICD-9 system was in place.
Six Things Every DC Should Know About the Zika Virus
The Zika outbreak continues to spread across the continental United States and U.S. territories. We offer this brief overview on this important public health problem for the practicing doctor of chiropractic.
Treatment Success at the Won Institute
According to the World Health Organization's 2003 report titled, "Acupuncture: Review and Analysis of Controlled Clinical Trials," acupuncture has been shown to improve many physical, emotional, and mental conditions.
National Board Apologizes for Testing Issues
The National Board of Chiropractic Examiners (NBCE) has issued a formal apology following a series of computer-based testing malfunctions that impacted two separate examinations (March and June 2016) and caused "widespread confusion and frustration" to the nearly 1,500 examinees taking the tests.
U.S. Olympians Have a DC in Their Corner
It's probably old news to you that doctors of chiropractic play an increasingly prominent role in treating athletes, from youth sports participants to weekend warriors, to elite / professional competitors.
Using the Lens of Chinese Medicine
One of the most common medications I see in clinical practice on a daily basis is fluoxetine or Prozac. Consequently, I hear many complaints concerning the side effects of this medication and am frequently asked by patients to help manage these side effects with acupuncture and Chinese medicine.
Power to the Patient
Against a backdrop of splintered political parties, polarizations within nations, civil unrest, and distrust of established government (such as the growing anti-Washington, D.C. sentiment) comes the not-so-surprising finding that health care authorities and practitioners (with perhaps the exception of insurers) are turning over more and more powers to the individual patient.
Four Ways to Attract Patients
Acupuncturist A has been in practice for six years and has struggled since day one. She spends as much time and money on marketing as she can, but since her practice is slow, her budget isn't that big.
Pediatric Footwear: Function Over Fashion
As practitioners, it is not uncommon for parents to bring us their children to treat or ask us questions related to the pediatric population. Children's feet tend to be a perplexing region for parents and practitioners alike.
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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