resourcesABOUT MT AUTHOR GUIDELINES CLASSIFIEDS EDITORIAL CALENDAR MEDIA GUIDE MASSAGE MART SCHOOLS & EDUCATION FEEDBACK
One Size Does Not Fit All: Exercise and Nutrition According to Your Yin/Yang Body Type
There are countless new exercise and nutrition plans out there, emphasizing the latest ground-breaking research and claiming to revolutionize the way we view health.
Targeting the Bad Apples in the Bunch
While everyone was focused on the conversion to ICD-10, the Office of Inspector General for Health and Human Services released a new report on chiropractic titled "CMS Should Use Targeted Tactics to Curb Questionable and Inappropriate Payments for Chiropractic Services."
Your Billing Questions Answered
I hear a lot of the following questions: I am afraid I may doing something illegal. I have heard I cannot have different fees for the same service.
The Concussion-Subluxation Complex
In the Aug. 1, 2014 issue of Dynamic Chiropractic, I reviewed some of the literature demonstrating the role of the chiropractic adjustment in post-concussive care.
Acupuncture and Oriental Medicine in the West
We know acupuncture and Oriental medicine as the indigenous medicine of East Asia; in particular China, Korea and Japan are the countries of origin of this wonderful healing system.
Which Way is the Energy Going? Are You Burning Yourself Out?
One of the simple methods that I use to define Yin/Yang theory to patients is to ask the question, "Which way is your energy going?"
Tailor-Made Knee Pain: The Sartorius Muscle
A patient was referred to my office after receiving treatment from various providers with no results. The patient was training for the Olympics as a marathon runner and was unable to run or walk without severe medial knee pain.
It's Time to Review
It is amazing to see the changes that are occurring in the acupuncture profession. Let's look at some of the news and events that have contributed to this growth and awareness.
The Modern Application of Ancient Mei Rong
Chinese Medical Cosmetology (Mei Rong) has a well-documented and venerated history dating back to the Qin (221-206 BC) Dynasty.
Pro-Con: Swaddling for Newborns
The practice of swaddling has been used for thousands of years and was popular until the 1700s, when it was slowly abandoned by many cultures that considered it old-fashioned or barbaric.
Mechanism: Experimental Approaches to Understanding Acupuncture, Part 1
The clinical benefits of acupuncture are difficult to ignore, but also can be difficult to explain to a Western audience. For nearly 50 years, relentlessly inquisitive scientists and physicians have been working toward a conceptual model to explain acupuncture.
North Carolina Acupuncture Board Files Dry Needling Lawsuit
In early September, the NCALB filed a complaint against the North Carolina Board of Physical Therapy Examiners over the issue of dry needling, a form of acupuncture that uses solid needles to puncture the skin and muscle tissue to relieve pain.
Born to Energize the Human Spirit: Recollections of Sig Miller
Sig Miller, longtime executive director of the Association of New Jersey Chiropractors (ANJC), passed away on Sept. 17 after a long battle with cancer.
Too Many to Remember: Tips to Revive Your Ortho / Neuro Test Skills
When I was at Palmer in the mid-1980s, we were given a set of notes in one of our diagnostic courses. The notes covered approximately 70 orthopedic and neurological tests for various regions of the body.
Acupuncture Rising: From Acupuncture Anesthesia to Assisted-IVF, Part 2
Acupuncture's cultural and historical roots go back to the emergence of Chinese civilization. For more than 2,000 years, acupuncture needling has been continuously practiced on the largest population in the world.
Syncretism: Acupuncture and Public Health in Cuba
"Syncretism" is defined as a union of diverse tenets or practices. On a recent trip to Cuba designed to demonstrate the integration of Traditional Medicine and biomedicine, our group witnessed this union firsthand.
Footsteps of the Sages: An Apprenticeship with Dr. Kezhan Zhang
When I met Dr. Kezhen Zhang in May 2013, I was his translator and the integrity, creativity, and passion he demonstrated as a practitioner and advocate of the medicine convinced me to travel to Beijing to study with him.
Dietary Fat and Prostate Cancer: An Important Update
K.M. Di Sebastiano and M. Mourtzakis published a review paper examining the role of dietary fat on prostate cancer development and progression late last year that does a stellar job of summarizing the available data on fat and prostate cancer.
Omega-3 Fish Oil: An Underappreciated Element of Men's Health
As a clinician with many male patients -- and as a man myself -- I am all too aware of the fact that we like to convince ourselves that we are doing great, when that may be the farthest thing from the truth.
Chinese Herbs and Pulmonary Fibrosis: A Case Study
"Mary M."* recently celebrated her 90th birthday. Even the former sheriff dropped by to kiss the hand of this diminutive retired teacher, to honor the years she interpreted for him during interviews with Latinas and Latinos.
Designing a Fitness Plan (Part 1)
It doesn't matter if you come to my practice for pain relief, weight loss, healthy aging or something else. The formula I talk about for each patient's fitness strategy is pretty much the same.
Making Sense of an Increasingly Obvious Conclusion
Where's U.S. health care heading? Like it or not, the list of telltale signs is growing to a point that stands out to even the most myopic observer. Consider this list of facts as you look into the future of health care in the United States:
F4CP Making a High-Impact Impression
The Foundation for Chiropractic Progress has released details of its 2016 strategy, certain elements of which are already in play. The strategy includes ads, posters and other resources available to all F4CP members.
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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