US Government Agency Sued By
Since 1998 the American Chiropractic Association has
been involved in a lawsuit against the US Department of Health and Human
Services, (HHS) claiming that Medicare was illegally denying chiropractic
services to recipients in Medicare HMOs.
Health and PRNewswire of January 25th 2001 reported on this
case. According to these
reports the chiropractic group has just cleared a major hurdle when a
federal court rejected a request from HHS to dismiss the lawsuit.
The main argument is that Medicare has determined
that beneficiaries who want chiropractic and are entitled to these
services by law can be sent to non-chiropractors for the same services.
HHS feels that other types of health professionals can give
chiropractic care, and therefore by not offering these services by a
chiropractor HHS is not in violation of any federal law.
The chiropractors argue that the law specifically says that such
services are rendered by chiropractors and that no other health care
professional is qualified or safe at rendering chiropractic care.
With this latest victory, the chiropractors case will continue.