HOME / Featured News / HIGHLIGHTED NEWS
TMA vs. TBCE: Meaning of the Summary Judgment
Rate This Article:
0
In the matter of TMA vs the Texas Board of Chiropractic Examiners (TBCE), on November 23, 2009, the trial court heard the parties’ cross motions for “summary judgment." At issue was the validity of the Board’s rules on Needle EMG, on MUA, and on diagnosis.

On November 24, 2009, the trial court handed down its ruling that the Board’s rules regarding Needle EMG and MUA are invalid but that the Board’s rules regarding “diagnosis” are valid with respect to those matters within a doctor of chiropractic’s scope of practice. The letter that accompanied the order indicated that the trial court believed that the Texas Legislature intended that MUA and Needle EMG are not within doctors of chiropractic’s scope of practice.

This ruling is not yet final and is subject to appeal.

The TCA has its constitutional claims remaining:

(1) a denial of due process, in that if the legislature intended to remove MUA and NEMG, they did so without due process in the form of a “grandfather” clause;

(2) the delegation of authority to CMS, which in turn has adopted the CPT, is unconstitutional as a delegation to a private party and a delegation without standards; and

(3) the legislature cannot adopt a definition of “surgery” that applies differently to similarly situated health care providers (if NEMG is surgery and prohibited to DCs, then it is also surgery and prohibited to PTs).

The TMA also has constitutional claims pending, specifically, that the Texas Constitution prohibits anyone other than medical doctors from “diagnosing” medical conditions. 

The trial on both constitutional claims is scheduled for January 19, 2010.
 
 
Post A Comment
* Indicates Required Field
Comment Title:
* Comments:
Nickname:
* Validation:
Most Recent Comments
 
 
FeaturedNews
Taking Multiple Meds Ups Fall Risk
Published 02/01/2012 - 12:44 p.m.  CDT

Working-age adults who use two or more prescription medications may be at risk for becoming seriously injured after falling in the home, researchers found.

In a study of young and middle-age adults, using at least two medications was associated with an increased likelihood of dying from or being hospitalized for a falling injury …. Antihypertensives and cholesterol-lowering drugs were the most common medications involved.

"The risk of falls may be increased as a result of both the intentional and unintentional effects of pharmacological therapy such as orthostatic hypotension, psychomotor impairment, extra-pyramidal symptoms, and dizziness."

...Read More
Overuse Accounts for Up to 30% of Healthcare Spending
Published 01/31/2012 - 11:50 a.m.  CDT

Overuse of therapeutic procedures, diagnostic tests, and medications is an understudied problem that may account for as much as 30% of healthcare spending in the United States and result in harm to patients.

The 4 most common health services examined in the studies included in the review were antibiotics for upper respiratory infections, coronary angiography, carotid endarterectomy, and coronary artery bypass grafting and revascularization.
...Read More
Credit Rating to Drive Future of Health Care
Published 01/31/2012 - 7:33 a.m.  CDT

Ratings agency Standard & Poor's warned it may downgrade "a number of highly rated" Group of 20 countries from 2015 if their governments fail to enact reforms to curb rising healthcare spending and other costs related to ageing populations.

"If governments do not change their social protection systems, they will likely become unsustainable."

"If no reforms are adopted, healthcare-related credit downgrades would likely start within three years..."

"... developed nations will eventually become the victims of their social safety nets."

"S&P said it was not too late for G20 countries to tackle the problem, but reforms to contain age-related spending needed be coupled with efforts to balance budgets by 2016, which would be enough to offset rising healthcare costs by 2050."



...Read More
Reader Login
Username:
Password:
 Save Login?
Free Sign-up
Forgot Password?
Reader Control Panel
Article Popularity
Views
Ratings
Comments

despite well-publicized stories of people dropping dead during or after running a marathon, the race isn't all that risky, researchers found.

The death of a loved one can literally be heart-breaking, or at least heart-attack-inducing, researchers have found.

Among a cohort of 1,985 people, the rate of myocardial infarction was more than 21 times higher than normal within 24 hours of losing a loved one.

ACA member Dr. Steven Shoshany, will make his second appearance on The Dr. Oz Show on Wednesday, Feb. 8.

ACA member Dr. Rob DeStefano, team DC for the NY Giants, will be on the field in Indianapolis treating players during the big game.


The Centers for Medicare and Medicaid Services (CMS) recently ruled that providers not successfully/satisfactorily participating in PQRS by the 2013 reporting period (Jan. 1 - Dec. 31, 2013), will have their Medicare reimbursement decreased by 1.5 percent beginning in 2015, and 2 percent in 2016.

Therefore, the 2012 reporting period is the last opportunity providers have to voluntarily participate in PQRS and learn how to report successfully/satisfactorily while incentives are still offered and their Medicare reimbursement is not subject to penalties.

ACA needs your help!  Over the course of the past several years, ACA has been examining the practices of chiropractic networks. Recently, concerns about these networks has increased dramatically to the point of additional investigative efforts being put forth by ACA.

In order to effectively capture the voice of DCs regarding these issues, a questionnaire has been developed to give both members and non-members the opportunity to share their experiences about chiropractic networks. Responding to this questionnaire will help ACA understand the effects these networks have on profession, and will also help the association better position itself for future efforts.

Concussions are getting much-needed attention in the press, especially given the short- and long-term cognitive loss, early-onset dementia, physical disability and even death resulting from traumatic brain injury (TBI).

Smokers are no more likely to give up cigarettes for good by using nicotine replacement products such as patches and gum than if they did not use those quit-smoking aids, a prospective cohort study showed.

Working-age adults who use two or more prescription medications may be at risk for becoming seriously injured after falling in the home, researchers found.

In a study of young and middle-age adults, using at least two medications was associated with an increased likelihood of dying from or being hospitalized for a falling injury …. Antihypertensives and cholesterol-lowering drugs were the most common medications involved.

"The risk of falls may be increased as a result of both the intentional and unintentional effects of pharmacological therapy such as orthostatic hypotension, psychomotor impairment, extra-pyramidal symptoms, and dizziness."


This study suggests that the addition of an adjunct therapeutic mirthful laughter Rx (a potential modulator of positive mood state) to standard diabetes care may lower stress and inflammatory response and increase “good” cholesterol levels.

The authors conclude that mirthful laughter may thus lower the risk of cardiovascular disease associated with diabetes mellitus and metabolic syndrome.