On Jan. 25, 2005, Judge Diane Cleavinger handed down a decision in the case of Richard W. Merritt, DC vs. State of Florida, Department of Health (DOH), heard in a Tallahassee court in July 2004. The case overturned a January 2004 Florida statute that listed surface electromyography (sEMG) as "not medically necessary" as a diagnostic method for evaluating injured persons when subject to reimbursement through personal-injury protection (PIP) insurance, a mandatory coverage under the state's vehicle no-fault insurance law. The impact of this statute on chiropractors throughout Florida caused Dr. Richard Merritt, a Lakeland, Fla., chiropractor, to take action and challenge the ruling. As legal strategies intensified, Dr. Merritt called on David Marcarian of Myovision, a company that provides surface EMG to the chiropractic profession.
"We reached out for help from Marcarian, and others who appear to specialize in sEMG, and the only one up for the challenge was Marcarian," said Dr. Merritt. "I for one am glad [that], as it turns out, that Marcarian's testimony was extremely powerful in court. We also found out that some of the other sEMG companies were actually a large part of the problem by promoting improper use of the technology."
The heated trial lasted two days. Dr. Merritt and Mr. Marcarian were the only ones to testify against the State. The long list of "intervenors" for the State included some of Florida's largest insurers:
This group of insurance organizations joined the Florida DOH in defending the State's decision regarding the medical necessity of surface EMG. The DOH relied upon four expert witnesses, including an MD/PhD with expertise in electrodiagnostic medicine.
Judge Cleavinger's decision was an unprecedented 47 pages long. She found that surface EMG had demonstrated medical value, a level of general acceptance, and was not entirely dependent on subjective patient response. Her findings were based primarily on published studies and journal articles, the Chiropractic Practice Guidelines and Parameters for the State of Florida, and the inclusion of surface EMG in the CPT codes.
When sports chiropractors first appeared at the Olympic Games in the 1980s, it was alongside individual athletes who had experienced the benefits of chiropractic care in their training and recovery processes at home. Fast forward to Paris 2024, where chiropractic care was available in the polyclinic for all athletes, and the attitude has now evolved to recognize that “every athlete deserves access to sports chiropractic."
It is estimated that 61% of patients with CTS avoid taking surgical options due to postoperative complications and costly surgical procedures. Chiropractic care offers a comprehensive and effective treatment for carpal tunnel syndrome, addressing the condition from multiple angles. Recent studies also have unveiled a game-changing adjunct to chiropractic treatments for CTS: nerve flossing.
Some doctors thrive in a personality-based clinic and have a loyal following no matter what services or equipment they offer, but for most chiropractic offices who are trying to grow and expand, new equipment purchases help us stay relevant and continue to service our client base in the best, most up-to-date manner possible. So, regarding equipment purchasing: should you lease, get a bank loan, or pay cash?
