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Shaw Chiropractic
A Medical-Legal Newsletter for Personal Injury Attorneys
by Dr. Steven W. Shaw

Why Not Participate In Managed Care?

I had a conversation this morning with a bright and articulate paralegal. She informed me that some of her clients were upset that we were not participating physicians in their health plan. I explained that there were several reasons for our non-participation and all were to the benefit of the patient. After reading my response she was appreciative of our position and completely understood the benefit to her client. In this newsletter, I have re-printed my itemized response so that you can be well informed as to the reasoning and logic behind our decision not to participate and why by having clients treat with participating physicians you may be jeopardizing their health and their case.

- Managed care plans limit both fees and visits to such an extent as to interfere with the patients recovery and case value. Lack of medical specials weakens the patients case (as do excessive specials). The appropriate care for a patients is what we strive to achieve. Generally speaking, proper care is difficult if not impossible to provide in a managed care environment as evidenced by the recent surge in medical malpractice and bad faith lawsuits against participating physicians and managed care organizations. Recent legislation offering a Apatient bill of rights@ is a reflection of the nations discontent with new millennium medicine.

- The battle between necessary and optimal care is still the issue. We believe our patients deserve the best care available to bring them back to their pre-injury status. Insurance companies believe that only Anecessary@ care should be provided. The difference is a functional outcome versus a short term pain control outcome. Unfortunately, most managed care physicians provide care which is below the minimal necessary care to assure renewal of their employment contract.

- In the context of managed care a physician cannot serve two masters. Either you work for your patient or you work for the carrier. We believe that our employer is the patient and they deserve our best effort. Managed care doctors are Adis-incentivized@ from providing quality care. The disincentives present as below average fees, excessive pre-authorization and reporting requirements and large reimbursement witholds. Disincentives also present through peer reviews and contractual limitations regarding balance billing.

- The doctors who are participating doctors have contractual obligations to the carrier/employer. Doctors are obliged to accept reimbursement based upon limited fees and restricted visits. Our recent investigation has revealed that billing only the initial several visits on the managed care policy and then balance billing is a breach of the contract. Doctors who do balance billing as contracted providers are subject to penalties and contract termination. From the attorney=s perspective, they must realize that by paying outstanding balances to participating doctors they are not representing their clients financial interests and may be responsible to pursue additional reimbursement efforts on the client=s behalf.

- We respect our patients right to make an informed choice regarding their provider of preference. Patients who understand the alternatives and consequences of managed care will generally choose doctors who care and demonstrate concern with their overall health status first and their insurance later. The willingness of a doctor to extend the courtesy of credit until case resolution is an expression of compassion and concern which the informed patient will appreciate.

- We do accept all indemnity, Point Of Service and Med-pay coverage towards the patient balance. However, because we are not obligated to accept the fee we can balance bill in an ethical and appropriate manner.

- Our offices are very aware of the cost of care we provide. We treat within self imposed financial parameters. Our bills and care are always reasonable and consistent with the patient=s injuries thereby reducing the exposure by the patient and attorney to criticism by carriers regarding abusive and unnecessary physician expense.

- We intentionally withdrew from all plans as they became increasingly prohibitive. An example is Managed Medicaid plans which pay $13.80/visit after PCP referral and prior authorization. We believe it is in the patient's best interest, for their health and case, to treat with a physician group intelligent enough to recognize the obvious conflict of interest presented by managed care influences.

As you can see, the benefit of a managed care reimbursement is compromised by lack of physician loyalty, decreased quality medical care, inappropriately low medical specials, contractual challenges for physicians and attorneys, and lack of patient freedom of choice. By working with offices like Shaw Chiropractic you have clients who are properly treated and injuries which are thoroughly documented thus allowing you the ability to better represent your client=s legal interests .

 


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