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January 20, 2011

MAC Leaders Attend Prestigious “State of the State” Events!

Yesterday, a contingent of MAC leaders and President’s Club members attended prestigious events surrounding Governor Rick Snyder’s first “State of the State” Address. The MAC delegation included Executive Committee members President Dr. Dan Spencer, Vice President Dr. Dennis Whitford, Director of Financial Affairs Eric Hartman, and Chairman Dr. Don Reno, as well as Government Relations Committee Chair Dr. R. James Gregg, and President’s Club members Dr. Lisa Olszewski and Dr. Amanda Apfelblat.

In his speech, Governor Snyder outlined his vision for health care in Michigan – a vision aligned with the chiropractic approach. Governor Snyder emphasized prevention and wellness:

“We will also task our executive group… with vigorously pursuing improvements in our health care system in terms of cost, quality and access. We must emphasize wellness and preventative care. All of our citizens need access to preventative care from primary care providers. It’s critical to prevent routine ailments from becoming severe conditions requiring emergency room treatments… We will look to build a system that encourages all of us to have an annual physical to reduce obesity and encourage a healthier, active lifestyle in our state.”

The MAC, along with Public Affairs Associates, our lobbying firm, hosted a reception immediately following the Governor’s speech. The reception featured appearances from a number of state lawmakers and other high-level policymakers.

This exclusive reception was open to members of the MAC President’s Club, an elite group of MAC members who put forth additional commitment and support to ensure the legislative and legal goals of the MAC are achieved. Each year, the MAC hosts a private reception offering President’s Club members the opportunity to network with the movers and shakers at the State Capitol who can help make a difference in the chiropractic profession in our state.

January 18, 2011

Rep. Mike Callton, DC, Introduces Bills Addressing MAC’s #1 Goal – Co-Pay Equity

Chiropractor to Sit on Health Policy and Insurance Committees

MAC member Dr. Michael Callton of Nashville – the first chiropractor elected to the Michigan House of Representatives – has introduced legislation to address the MAC’s #1 legislative issue – high co-pays and phantom insurance benefits.

Insurance companies across Michigan can currently claim they have a chiropractic benefit, while effectively making sure that their beneficiaries never access this “benefit” through exorbitant co-pays, often as high as or higher than payment for the service itself.

House Bill 4056 prohibits health insurers and HMOs from including a health care service as a covered health care benefit under the terms and conditions of the policy, certificate, or contract – or in any other communication concerning the policy, certificate, or contract – if either of the following applies:

• The copayment or coinsurance for a health care service payable by the insured or enrollee is greater than 50% of the cost of the health care service
• The deductible for a health care service payable by the insured or enrollee meets either of the following:

o         It is established in such a way as to provide de minimus reimbursement for the service by the insurer or health maintenance organization

o         It has an annual or other deductible amount that the insurer or health maintenance organization reasonably knows will not be met by at least 80% of the insureds or enrollees

The legislation also requires the Michigan Insurance Commissioner to investigate and issue a ruling on all complaints arising from the new law.

House Bill 4057 applies the same rules to health care corporations providing a Nongroup or group certificate, while House Bill 4058 prohibits third party administrators from entering into a service contract for a benefit plan if the plan includes a health care service as a covered health care benefit that violates the above provisions. The bills have been assigned to the House Health Policy Committee for consideration.

Dr. Callton’s Committee Assignments – Health Policy and Insurance

In other news, the MAC and Dr. Callton received great news when committee assignments were announced. Dr. Callton was named to serve on two committees critical to chiropractic.

Dr. Callton will serve as Vice Chair of the House Health Policy Committee. When legislation or resolutions affecting health care are introduced, they are usually referred to this committee for consideration. Committee members then make recommendations regarding the item before it goes to the full chamber for a vote. It is important that we have good working relationships with the members of the Health Policy committees in both chambers if we want our legislative agenda to move forward. Dr. Callton will be essential in this area.

Dr. Callton will also serve on the House Insurance Committee. This committee often works hand-in-hand with the Health Policy Committee and deals with issues regarding Michigan insurance companies.

Stay tuned for more on the House and Senate Health Policy Committees in the March 2011 edition of the Journal.

December 6, 2010

2010 Election Update

Massive Changes Rock State Government in Historic GOP Rout!

Republicans Take Governor, Secretary of State, Attorney General, the House, Super-Majority in Senate, Supreme Court, and Two Congressional Seats

As you know, the 2010 election brought about a great many changes not just nationwide, but in Lansing, as well. In fact, the Republican “tidal wave” that swept the country brought with it one of the most sweeping Michigan GOP victories in modern history. The GOP victory was so large that 2010 was the first time since the adoption of the 1963 Constitution that one party flipped control of the executive, legislative and judicial branches in one election. In all, the GOP:

•  Won the elections for Governor, Secretary of State, and Attorney General

•  Extended their majority in the Michigan Senate to a two-thirds “super-majority”

•  Recaptured the Michigan House of Representatives by beating nine incumbents and winning nearly every competitive race in the state

•  Won two spots on the Michigan Supreme Court to give them a 4-3 conservative majority

•  Retook control of Michigan’s Congressional delegation by winning two hotly contested races

Perhaps most importantly, the GOP now has a virtual lock on the redistricting process, in which every seat in Michigan’s Congressional delegation, Senate, and House of Representatives will be re-drawn, potentially giving the Republicans a lock on political power throughout the state for the next decade.

Governor, Secretary of State, Attorney General

Republican Rick Snyder soundly beat Democrat Virgil Bernero, 58-40 percent, to become Michigan’s 48^th Governor. Snyder, the former CEO and Chairman of Gateway, has never held elected office. Snyder’s huge victory paved the way for the GOP to retain the offices of Secretary of State, which they have held since 1995, and Attorney General, which they have controlled since 2003.

In the Attorney General race, Republican Bill Scheutte, a former Congressman, state legislator, and appellate court judge, easily defeated Genesee County Prosecutor David Leyton, 53-43 percent.

The race for Secretary of State was closer, with former Republican state lawmaker Ruth Johnson defeating Wayne State University law professor Jocelyn Benson by six points, 51-45 percent.

Michigan Senate

All of Michigan’s 38 Senate seats were up for election in 2010. Republicans have controlled the “upper chamber” for nearly 30 years, but in 2010 they captured 26 seats – a “super majority” that represents the largest margin of senate control in more than 60 years. The four seats gained in 2010 represent the largest gain of seats in a single election since 1982.

In Caucus elections, Senate Republicans picked Randy Richardville (R-Monroe) as Senate Majority Leader, the most powerful and prestigious position in the Senate. As Majority leader, Richardville – a strong supporter of chiropractic – will set the agenda for the 26-member caucus. The Majority Floor Leader – the second highest position in the senate – will be Arlan Meekhof (R-West Olive). The floor leader plays a major role in which legislation makes it to the senate floor for a vote.

The Democrats will be led by state Senator Gretchen Whitmer (D-East Lansing), who becomes the first woman to lead a senate caucus, with Tupac Hunter of Detroit acting as Minority Floor Leader.

Michigan House of Representatives

The 2010 election for the Michigan House was truly historic. After the 2008 election, the GOP was down 67-43 seats. In 2010, they achieved a 20 seat swing, the largest change in seats since 1964, resulting in a 63-47 majority. This included the defeat of nine incumbents, the most to fall in a single election since 17 lost their seats in 1966. This is truly remarkable when you consider that since 1996 Republicans had only succeeded in knocking off two incumbents. There will be a whopping 61 new members in the House, the most since 64 were elected in 1998.

State Representative James “Jase” Bolger (R-Marshall) was chosen by his caucus to be the next Speaker of the House, the most powerful and prestigious position in the chamber. State Representative Jim Stamas (R-Midland) was chosen as Majority Floor Leader. On the Democratic side, state Representative Richard Hammel of Mount Morris Township was chosen House Minority Leader, with Kate Segal of Battle Creek to serve as the next Minority Floor Leader.

Michigan Supreme Court

Two slots on the Court were up for election in 2010, and the Republicans recaptured control of the Michigan Supreme Court by winning both, defeating an incumbent justice in the process. Justice Robert Young was re-elected and Wayne County Judge Mary Beth Kelly took the other slot. The election of these two justices represents a clear 4-3 conservative philosophic majority on the court.

This could have catastrophic implications for Michigan’s auto no-fault system, particularly for the rights of auto accident victims. The Court’s recent decision in McCormick vs. Carrier, which overturned the controversial 2004 Kreiner decision, is potentially in jeopardy with this new majority.

The Kreiner decision severely limited the rights of auto accident victims by redefining the legislature’s 1995 adoption of the phrase, “serious impairment of body function,” to a definition that stated “the course or trajectory” of the victim’s life had to be altered and that, “for the most part,” victims need to be unable to live normal lives due to injuries that were “pervasive and extensive.” This decision made it nearly impossible for drivers with serious, legitimate injuries – such as the broken ankle and more than a year of disability from work sustained by the plaintiff in the McCormick case – to meet the injury severity threshold required to collect legitimate damages. In fact, between the Kreiner decision in 2004 and August 21, 2009, there were approximately 244 Court of Appeals decisions that implemented its severe limitations. Of those 244 cases, the innocent victims lost 194 times – a loss rate of nearly 80 percent.   

Be sure to stay tuned to future editions of the Journal for more information on the auto no-fault system and any court decisions that may affect it.

Congressional Delegation

All 15 of Michigan’s seats in the U.S. House of Representatives were up for election in 2010, and a few hot races were closely watched across the country, with millions of dollars of national money (and campaign ads from outside groups) streaming into Michigan. Republicans now control the 15-seat delegation, 9-6. The Michigan delegation to the 112^th Congress (2011-2012) will be the last Congress elected from congressional districts that were apportioned based on the 2000 census.

Neither of Michigan’s two U.S. Senators – Carl Levin and Debbie Stabenow – was up for re-election in 2010. Levin does not face re-election until 2014; Stabenow until 2012.

Redistricting/Reapportionment

Perhaps the most critical effect the 2010 election could have is in the redistricting and reapportionment process, which occurs once every decade when the Census is released and usually tends to favor the party in power.

Under the United States Constitution, reapportionment is the process by which the number of seats in the U.S. House of Representatives each state has is determined. This is based on the relative population of each state in the total population of the United States. The states then create districts from which representatives will be elected to serve in the House. The ideal is that each district has approximately an equal amount of population. States can lose or gain seats after each Census, depending on either the loss or gain of population. Michigan is expected to lose one of its 15 Congressional seats due to loss of population over the past 10 years. Each of Michigan’s new districts will be redrawn to reflect these population changes.

Redistricting is the process in the United States of changing political borders or boundaries. This also occurs every ten years after the results of the Census are known. In Michigan – as in 36 other states – the state legislature has primary responsibility for creating a redistricting plan. The Governor has veto power over any redistricting plan. Additionally, if the state legislature cannot agree on the new boundaries, the Supreme Court takes up the matter. The shape of each new district will have a tremendous effect on who can get elected to serve, so this process is critically important to control.

In Michigan all 38 seats in the Michigan Senate and 110 seats in the Michigan House will be redrawn. Under state law Michigan’s redistricting plan must be adopted by November 11, 2011. Republicans dominated the last redistricting plan – developed in 2001 – which redrew all the current congressional and legislative districts.

Be sure to look for the March 2011 edition of the MAC Journal for more information on the new legislature, including the members of the new House and Senate Health Policy and Insurance committees, as well as the Department of Community Health Appropriations subcommittees. These committees will play a major role in the outcome of the MAC’s legislative agenda for the next two years.

NOW is the Time to Get Involved!

Now that the elections are over, now is the time to establish strong relationships with these candidates, who will be making decisions in Lansing that affect you and your practice every day. These relationships are critical to the success of the MAC’s legislative agenda. We could not have changed the chiropractic scope of practice without the relationships MAC members cultivated with legislators and candidates across the state.

Our MAC-PAC Needs YOU! Please donate generously to our MAC-PAC TODAY!

May 21, 2010

BOC Approves New Instruments, Procedures Allowed Under Scope!

 At the May Board of Chiropractic meeting, the Board voted on and approved a list of analytical instruments, adjustment apparatus, physical measures, and tests allowed under Michigan’s new chiropractic scope of practice. After an analysis from the Michigan Department of Community Health, in consultation with the Board of Chiropractic, the list has been approved by the State and doctors of chiropractic in Michigan may immediately begin using the instruments and apparati, as well as performing all physical measures and tests, contained in the list.

The list includes:

• Physical measures used for correcting or reducing subluxations, misalignments and joint dysfunctions, including massage, mobilization, heat, cold, light, water, electricity, sound, traction, decompression, taping, and rehabilitative exercises

• Tests for the diagnosis of human conditions and disorders of the human musculoskeletal and nervous systems as they relate to subluxations, misalignments, and joint dysfunctions, including neurologic, orthopedic, muscle testing, gait, blood, urine, hair, and saliva (Review full list for prohibitions on some tests)

• Non-invasive imaging tests, consistent with modern technology and related to spinal subluxations

• Analytical instruments used in the diagnosis of human conditions and disorders of the human musculoskeletal and nervous systems as they relate to subluxations, misalignments, and joint dysfunctions

• Adjustment apparatus for correcting or reducing subluxations, misalignments and joint dysfunctions, including, but not limited to, traction devices, adjustment instruments, adjustment tables, and musculoskeletal stabilizers

Click here for the full list (and explanations for the instruments, apparatus, physical measures, and tests on it)