While cervical disc pathology can unquestionably produce radiculopathy, many patients presenting with arm pain, paresthesia or perceived weakness do not exhibit the clinical behavior of true nerve-root compromise. In these cases, failure to differentiate the primary pain generator may lead to unnecessary spinal injections, nerve ablation procedures or surgical consultation despite limited likelihood of benefit.
New ICA-Endorsed Medicare Legislation Introduced in House
The Chiropractic Act of 2022 (H.R. 8701), introduced by Rep. Bill Posey (R-Fla.) and endorsed by the International Chiropractors Association, is touted by the ICA as Medicare legislation "that can be quickly passed into law. It provides clear instructions for standard of care evaluation and management services (exams and radiological imaging when needed)."
In a press release announcing the new legislation, the ICA summarized the key points of H.R. 8701, which would "amend title XVIII of the Social Security Act to ensure equitable treatment of items and services furnished by chiropractors under the Medicare program," as follows:
- "Provides specific instructions to CMS to cover what is standard of care – evaluation and management services – specifically including examination and when needed radiographic imaging services, while specifically excluding any expansion of scope for the prescribing of drugs – an important clarification that the Congress agrees with a majority of the chiropractic profession."
- "[S]treamlines provision regarding patients' freedom to privately contract for services so that all physicians as defined in Medicare (which includes chiropractors) are able to privately contract. This is commonly referred to as the Opt-Out Provision. Chiropractors are the only physicians currently not included in this provision."
- "Eliminates the vestiges of the antitrust discrimination against chiropractors that were at play in 1972 when chiropractic was included in Medicare."
- "[P]rovides swift implementation so that Medicare Beneficiaries may reap the benefit of the changes as quickly as possible."