November 19, 2003

State Farm Mutual Automobile Insurance Co. Appellant

vs.

Universal medical Center of
South Florida, Inc.

Case NO: 3002-2483
Lower Tribunal NO.  00-8381
          
Appellate Court ruled in State Farm insurance favor.

Question:
Whether or not registered or certified medical/chiropractic 
assistants are 
permitted to perform under doctor supervision physical therapy 
modalities hot 
pack, muscle stim, ultrasound  etc.

Appellate Court Ruling Summary.

Medical Chiropractic Assistants licensed or registered may not 
render any 
physical modality to any patient in any medical care facility DC DO 
MD. 
Furthermore ruled that is unlawful for those medical chiropractic 
registered or 
certified assistants to perform such services.

Written Opinion issued November 19, 2003.

What Does this Mean to You as a Practicing Licensed Physician.

It is considered unlawful to employ the services of a registered or 
certified 
medical/chiropractic assistant to direct them to apply hot packs, 
ultrasound 
muscle stim.

You may only employ a registered licensed physical therapist to 
perform such 
services.

Another blow fianncially.

This will have dramatic financial hardship to the practicing doctor 
as any 
claims that have been challanged in PIP won't be paid if you did not 
employ a 
licensed registeredphysicial therapist to perform all therapy 
procedures.

Even worse this important appellate decision will now spill over to 
the group 
health insurance and workers comp payor system.

It don't matter if you are in a DC/MD relation this affects everyone.

Last time I checked the RPT gets around $32.75/hour x 40 hour work 
week plus 
benefits.

Best be notifiying your current staff nless you have plenty of billing 
or 
charting to do, there will be lay offs for the holidays.

Another nail in the coffin.

With kindest regards,

Where is the FCA on this one? Where was Dennis Jones DC Senator, 
Frankie 
Farkas DC Representative, Ed Williams CEO Emeritus, Debbie Minor 
Brown CEO and 
Attorney Lobbyist Paul?

ROBERT WHITNEY BS DC DABCC DABCO NMD