New York Chiropractic Council

May 2010

Unfortunately, there is no progress to report on the state budget. In fact, there’s very little in the way of discussions or negotiations presently taking place between the Senate, Assembly and Governor. The result is continued stalemate, frustration and an atmosphere of uncertainty in Albany. But despite this difficult climate, we are progressing on a number of fronts, either with NYSCA on issues of mutual importance, or independently on priority Council issues.

For the duration of the regular legislative session, presently scheduled to adjourn in late June (but given the budget impasse session may actually run much longer), Empire Strategic Planning will focus on the following for the Council:

2010 Legislative Package

Assemblyman Joe Morelle and Senator Neil Breslin are sponsoring our post-payment audit technical cleanup bill, which will either be an independent bill or ultimately wrapped into a larger managed care reform bill that will make some additional corrections and strengthen last year’s managed care reform law. The “kitchen sink bill”, which will achieve parity for doctors of chiropractic regarding several administrative and practical privileges presently afforded other professions, will be sponsored by Senator Brian Foley and Assemblyman David Weprin. We are presently awaiting bill numbers. We are also continuing to track legislation affecting the profession and it is likely there will be several important issues affecting chiropractic that will require our attention and action as we head towards the end of the regular session. Finally, we have begun to research the possibility of introducing a scope-of-practice reform bill with NYSCA.

Regulatory Relief – Workers’ Compensation

We are waiting to hear whether the Workers’ Compensation Board will unilaterally revise the impractical and unfair universal code system presently used by doctors of chiropractic submitting Workers Compensation (and by way on linkage, No-Fault) claims. Chairman Beloten has stated publicly, on several occasions, that he believes the present situation is unjustifiable and needs to be corrected. Accordingly, we are waiting to hear the Board’s decision on this before we take the next step of introducing corrective legislation.

Grassroots Lobbying and Member Recruitment

To help increase the power of the Council in Albany, ESP is continuing to coordinate district meetings across the state to attract new Council members and facilitate networking with area legislators, in an effort to start building political relationships between Council chiropractors and their local state lawmakers. The second of these meetings took place on April 14 in Westchester (District 5) and was well-attended by both area doctors of chiropractic and state legislators and/or staff. During the event, there was lively discussion about the state of chiropractic in New York and the invited legislators and staff left with a much greater appreciation for the everyday challenges DC’s face in their practices. The next scheduled grassroots lobbying event is September 22 in Syracuse (District 7). We encourage you to attend these special district meetings and try to bring at least one unaffiliated colleague who may be interested in joining the Council.

If you have any questions regarding the Council’s legislative program or require any additional information, please don’t hesitate to contact us.

Perry M. Ochacher

Counsel

Empire Strategic Planning

111 Washington Avenue

Albany, New York 12210

(518) 694-8216

(518) 694-8218 fax

(914) 319-9173 mobile

pmo@empireplanning.com

www.empireplanning.com

Report for Turning Stone 2010:

The dominant news in Albany remains the state budget. Now two weeks overdue with a projected deficit of approximately $9 billion and growing, the budget is the primary focus of attention for state legislators and the governor, with the exception being other major matters that emerge and require immediate action (such as the proposed bailout of New York City OTB, still being negotiated this week). Due to the yawning deficit, there remains the distinct possibility that the legislature will have to make deep and unprecedented cuts in state spending in order to achieve a balanced budget. The consequence of this is that any bill with a cost impact is likely dead on arrival in the legislature this year. As a result, ESP is focusing its efforts this session on revenue-neutral legislation and grassroots lobbying that will help build the Council’s influence in Albany.

2010 Priority Legislation

· “Kitchen Sink Bill” – we are presently seeking sponsors for the introduction of non-controversial legislation with no fiscal impact that will achieve parity for chiropractic regarding several administrative and practical privileges presently afforded other professions (certifying disability, issuance of disability license plates, providing health care services to schools).

· Post Payment Audit Technical “Cleanup” Bill – Assemblyman Morelle is introducing our bill to strengthen last year’s law by making some important technical corrections that will reduce the possibility of insurance carriers finding any loopholes in complying with the new law.

· Managed Care Reform - building on last year’s success with the passage of the post-payment audit law, we are working with Assemblyman Jonathan Bing on several other proposals which will further reform the managed care process, likely to be considered after the eventual adoption of a state budget.

· Monitoring Legislation and Regulations – ESP continues to monitor, review and report on any bills introduced in the legislature that can impact chiropractic and is presently tracking movement on 32 identified bills that directly affect the profession, and is watching proposed changes to No-Fault regulations, as well as monitoring other proposed regulations from various administrative agencies.

Regulatory Relief

· Workers’ Compensation Fee Schedule – ESP is pursuing either an acceptable increase in the current fee schedule, which is presently being discussed with the Workers’ Compensation Board staff (but frankly is unlikely) or will continue to pursue legislation to separate the presently-linked Workers’ Compensation and No-Fault fee schedules as a first step towards fee parity with other providers.

· Workers’ Compensation Practice Guidelines – Working with NYSCA, we are continuing to monitor the regulatory process regarding the proposed Workers’ Compensation practice guidelines.

· Insurance Equality - Last fall we met with top officials from the NYS Insurance Department to discuss enforcement and continuing carrier violations of the Insurance Equality (IE) Law. We presented the Insurance Department with a number of questions and requests regarding the interpretation and enforcement of the IE law. In exchange, the Insurance Department has asked both the Council and NYSCA to gather any specific examples of what we believe to be are clear carrier violations of the IE law and both organizations are attempting to gather this data.

Political Action, Grassroots Lobbying and New Member Recruitment

To help increase the power of the Council in Albany, ESP is coordinating special district legislative meetings across the state in an effort to attract new Council members and allow present members to network with their state legislators, all in an effort to help the Council build lasting political relationships. We are also advising and helping the Council participate in the political process. Highlights of our efforts so far this year include:

· New York City Grassroots Lobbying Event - A successful Council District 3 legislative meeting took place on February 14, where Brooklyn and Queens doctors of chiropractic had the opportunity to meet and socialize with several of their local state Assembly representatives.

· Westchester Grassroots Lobbying Event - A Council District 5 meeting is scheduled for April 14, where we have invited state legislators from the Bronx, Westchester and Rockland to meet Council members practicing in their respective areas and hear their concerns.

· Political Action – on March 9 the Council and NYSCA co-hosted an extremely successful fundraiser for NYS Attorney General (and likely gubernatorial candidate) Andrew Cuomo, attend by 50 doctors of chiropractic. Together, the Council and NYSCA raised over $50,000 for Mr. Cuomo’s election campaign.

Your continued involvement with the profession is critical to the Council’s growth and success and by extension, the overall climate for chiropractic practice in New York. Please help by encouraging unaffiliated New York doctors of chiropractic to join the Council and contributing regularly to CPAC so that the Council can remain active in the political process. Finally, we apologize for not being able to attend the mid-year convention but look forward to seeing you all again at the annual convention. In the meantime, you can reach ESP at (518) 694-8216, or Perry by email at pmo@empireplanning.com.

During February, the legislature will be busy analyzing and reacting to the governor’s proposed 2010-2011 Executive Budget. The state is projecting a budget deficit of $7.4 billion for the next fiscal year, and Governor Paterson is considering a series of cuts and new revenue sources to fill this hole, including $1 billion in health care cuts. This impacts our legislative agenda in that any proposal which is deemed to increase costs or requires any additional appropriation from the state is likely dead on arrival, given the current economic and budget crisis. Therefore, going forward we should focus our efforts on items which are revenue neutral, or even better, achieve cost-savings to the state, and on building Council membership and influence.

Over the next month, Empire Strategic Planning will focus on the following for the Council:

· 2010 Legislative Package

Last year, we were successful in passing the post-payment audit reform bill. In addition to working on that bill, ESP has been and will continue to track approximately 31 other bills for the Council. Some of these bills benefit the chiropractic profession, others have been introduced in the past by the Council or NYSCA (such as HMO and Workers’ Compensation reform), while others could potentially harm the profession. Early in February, ESP will meet with Council leadership to review all of these bills and determine the Council’s legislative priorities for 2010, which includes both advocating for beneficial legislation and stopping legislation that could potentially hurt the profession and your practice.

· Regulatory Relief

Last fall we, along with representatives from NYSCA, met with top officials from the NYS Insurance Department to discuss enforcement and continuing carrier violations of the Insurance Equality (IE) Law. We presented the Insurance Department with a number of questions and requests regarding the interpretation and enforcement of the IE law, and we need to follow-up with the Department regarding answers to our questions. In exchange, the Insurance Department has asked both the Council and NYSCSA to gather any specific examples of what we believe to be are clear carrier violations of the IE law, pointing out that the Insurance Department can only act on the chiropractic profession’s behalf if it has real, credible and documented complaints of violations of the law. ESP will also monitor developments regarding proposed changes to No-Fault regulations and the forthcoming Workers’ Compensation practice guidelines.

· Grassroots Lobbying and Member Recruitment

To help increase the power of the Council in Albany, ESP is helping to coordinate district meetings across the state to attract new Council members and network with area legislators, in an effort to start building political relationships between Council chiropractors and their local state lawmakers. The first of these meetings is scheduled for February 17 in Queens and the second is scheduled for April 14 in Westchester. ESP will be there to help facilitate these meetings and discuss developments in Albany. We encourage you to attend these special district meetings and try to bring at least one colleague who may be interested in joining the Council.

If you have any questions regarding the Council’s legislative program or require any additional information, please don’t hesitate to contact us.

Perry Ochacher

Empire Strategic Planning
111 Washington Avenue
Suite 103
Albany, NY 12210


Home Who We Are Districts Current News Continuing Ed Student Center Resources Doc Finder WellCare Revolution Wellness Programs

May 2010 Unfortunately, there is no progress to report on the state budget. In fact, there’s very little in the way of discussions or negotiations presently taking place between the Senate, Assembly and Governor. The result is continued stalemate, frustration and an atmosphere of uncertainty in Albany. But despite this difficult climate, we are progressing on a number of fronts, either with NYSCA on issues of mutual importance, or independently on priority Council issues. For the duration of the regular legislative session, presently scheduled to adjourn in late June (but given the budget impasse session may actually run much longer), Empire Strategic Planning will focus on the following for the Council: 2010 Legislative Package Assemblyman Joe Morelle and Senator Neil Breslin are sponsoring our post-payment audit technical cleanup bill, which will either be an independent bill or ultimately wrapped into a larger managed care reform bill that will make some additional corrections and strengthen last year’s managed care reform law. The “kitchen sink bill”, which will achieve parity for doctors of chiropractic regarding several administrative and practical privileges presently afforded other professions, will be sponsored by Senator Brian Foley and Assemblyman David Weprin. We are presently awaiting bill numbers. We are also continuing to track legislation affecting the profession and it is likely there will be several important issues affecting chiropractic that will require our attention and action as we head towards the end of the regular session. Finally, we have begun to research the possibility of introducing a scope-of-practice reform bill with NYSCA. Regulatory Relief – Workers’ Compensation We are waiting to hear whether the Workers’ Compensation Board will unilaterally revise the impractical and unfair universal code system presently used by doctors of chiropractic submitting Workers Compensation (and by way on linkage, No-Fault) claims. Chairman Beloten has stated publicly, on several occasions, that he believes the present situation is unjustifiable and needs to be corrected. Accordingly, we are waiting to hear the Board’s decision on this before we take the next step of introducing corrective legislation. Grassroots Lobbying and Member Recruitment To help increase the power of the Council in Albany, ESP is continuing to coordinate district meetings across the state to attract new Council members and facilitate networking with area legislators, in an effort to start building political relationships between Council chiropractors and their local state lawmakers. The second of these meetings took place on April 14 in Westchester (District 5) and was well-attended by both area doctors of chiropractic and state legislators and/or staff. During the event, there was lively discussion about the state of chiropractic in New York and the invited legislators and staff left with a much greater appreciation for the everyday challenges DC’s face in their practices. The next scheduled grassroots lobbying event is September 22 in Syracuse (District 7). We encourage you to attend these special district meetings and try to bring at least one unaffiliated colleague who may be interested in joining the Council. If you have any questions regarding the Council’s legislative program or require any additional information, please don’t hesitate to contact us. Perry M. Ochacher Counsel Empire Strategic Planning 111 Washington Avenue Albany, New York 12210 (518) 694-8216 (518) 694-8218 fax (914) 319-9173 mobile pmo@empireplanning.com www.empireplanning.com Report for Turning Stone 2010: The dominant news in Albany remains the state budget. Now two weeks overdue with a projected deficit of approximately $9 billion and growing, the budget is the primary focus of attention for state legislators and the governor, with the exception being other major matters that emerge and require immediate action (such as the proposed bailout of New York City OTB, still being negotiated this week). Due to the yawning deficit, there remains the distinct possibility that the legislature will have to make deep and unprecedented cuts in state spending in order to achieve a balanced budget. The consequence of this is that any bill with a cost impact is likely dead on arrival in the legislature this year. As a result, ESP is focusing its efforts this session on revenue-neutral legislation and grassroots lobbying that will help build the Council’s influence in Albany. 2010 Priority Legislation · “Kitchen Sink Bill” – we are presently seeking sponsors for the introduction of non-controversial legislation with no fiscal impact that will achieve parity for chiropractic regarding several administrative and practical privileges presently afforded other professions (certifying disability, issuance of disability license plates, providing health care services to schools). · Post Payment Audit Technical “Cleanup” Bill – Assemblyman Morelle is introducing our bill to strengthen last year’s law by making some important technical corrections that will reduce the possibility of insurance carriers finding any loopholes in complying with the new law. · Managed Care Reform - building on last year’s success with the passage of the post-payment audit law, we are working with Assemblyman Jonathan Bing on several other proposals which will further reform the managed care process, likely to be considered after the eventual adoption of a state budget. · Monitoring Legislation and Regulations – ESP continues to monitor, review and report on any bills introduced in the legislature that can impact chiropractic and is presently tracking movement on 32 identified bills that directly affect the profession, and is watching proposed changes to No-Fault regulations, as well as monitoring other proposed regulations from various administrative agencies. Regulatory Relief · Workers’ Compensation Fee Schedule – ESP is pursuing either an acceptable increase in the current fee schedule, which is presently being discussed with the Workers’ Compensation Board staff (but frankly is unlikely) or will continue to pursue legislation to separate the presently-linked Workers’ Compensation and No-Fault fee schedules as a first step towards fee parity with other providers. · Workers’ Compensation Practice Guidelines – Working with NYSCA, we are continuing to monitor the regulatory process regarding the proposed Workers’ Compensation practice guidelines. · Insurance Equality - Last fall we met with top officials from the NYS Insurance Department to discuss enforcement and continuing carrier violations of the Insurance Equality (IE) Law. We presented the Insurance Department with a number of questions and requests regarding the interpretation and enforcement of the IE law. In exchange, the Insurance Department has asked both the Council and NYSCA to gather any specific examples of what we believe to be are clear carrier violations of the IE law and both organizations are attempting to gather this data. Political Action, Grassroots Lobbying and New Member Recruitment To help increase the power of the Council in Albany, ESP is coordinating special district legislative meetings across the state in an effort to attract new Council members and allow present members to network with their state legislators, all in an effort to help the Council build lasting political relationships. We are also advising and helping the Council participate in the political process. Highlights of our efforts so far this year include: · New York City Grassroots Lobbying Event - A successful Council District 3 legislative meeting took place on February 14, where Brooklyn and Queens doctors of chiropractic had the opportunity to meet and socialize with several of their local state Assembly representatives. · Westchester Grassroots Lobbying Event - A Council District 5 meeting is scheduled for April 14, where we have invited state legislators from the Bronx, Westchester and Rockland to meet Council members practicing in their respective areas and hear their concerns. · Political Action – on March 9 the Council and NYSCA co-hosted an extremely successful fundraiser for NYS Attorney General (and likely gubernatorial candidate) Andrew Cuomo, attend by 50 doctors of chiropractic. Together, the Council and NYSCA raised over $50,000 for Mr. Cuomo’s election campaign. Your continued involvement with the profession is critical to the Council’s growth and success and by extension, the overall climate for chiropractic practice in New York. Please help by encouraging unaffiliated New York doctors of chiropractic to join the Council and contributing regularly to CPAC so that the Council can remain active in the political process. Finally, we apologize for not being able to attend the mid-year convention but look forward to seeing you all again at the annual convention. In the meantime, you can reach ESP at (518) 694-8216, or Perry by email at pmo@empireplanning.com. During February, the legislature will be busy analyzing and reacting to the governor’s proposed 2010-2011 Executive Budget. The state is projecting a budget deficit of $7.4 billion for the next fiscal year, and Governor Paterson is considering a series of cuts and new revenue sources to fill this hole, including $1 billion in health care cuts. This impacts our legislative agenda in that any proposal which is deemed to increase costs or requires any additional appropriation from the state is likely dead on arrival, given the current economic and budget crisis. Therefore, going forward we should focus our efforts on items which are revenue neutral, or even better, achieve cost-savings to the state, and on building Council membership and influence. Over the next month, Empire Strategic Planning will focus on the following for the Council: · 2010 Legislative Package Last year, we were successful in passing the post-payment audit reform bill. In addition to working on that bill, ESP has been and will continue to track approximately 31 other bills for the Council. Some of these bills benefit the chiropractic profession, others have been introduced in the past by the Council or NYSCA (such as HMO and Workers’ Compensation reform), while others could potentially harm the profession. Early in February, ESP will meet with Council leadership to review all of these bills and determine the Council’s legislative priorities for 2010, which includes both advocating for beneficial legislation and stopping legislation that could potentially hurt the profession and your practice. · Regulatory Relief Last fall we, along with representatives from NYSCA, met with top officials from the NYS Insurance Department to discuss enforcement and continuing carrier violations of the Insurance Equality (IE) Law. We presented the Insurance Department with a number of questions and requests regarding the interpretation and enforcement of the IE law, and we need to follow-up with the Department regarding answers to our questions. In exchange, the Insurance Department has asked both the Council and NYSCSA to gather any specific examples of what we believe to be are clear carrier violations of the IE law, pointing out that the Insurance Department can only act on the chiropractic profession’s behalf if it has real, credible and documented complaints of violations of the law. ESP will also monitor developments regarding proposed changes to No-Fault regulations and the forthcoming Workers’ Compensation practice guidelines. · Grassroots Lobbying and Member Recruitment To help increase the power of the Council in Albany, ESP is helping to coordinate district meetings across the state to attract new Council members and network with area legislators, in an effort to start building political relationships between Council chiropractors and their local state lawmakers. The first of these meetings is scheduled for February 17 in Queens and the second is scheduled for April 14 in Westchester. ESP will be there to help facilitate these meetings and discuss developments in Albany. We encourage you to attend these special district meetings and try to bring at least one colleague who may be interested in joining the Council. If you have any questions regarding the Council’s legislative program or require any additional information, please don’t hesitate to contact us. Perry Ochacher Empire Strategic Planning 111 Washington Avenue Suite 103 Albany, NY 12210 New York Chiropractic Council 71-31 Myrtle Avenue Glendale, NY 11385-7223 800-426-6922 / (718) 497-0972 (fax) info@nycouncil.com