For
the past several years Medicare administrators have made doctors of
chiropractic and their patients a target for selective enforcement and
regulatory restriction under Medicare because of a medical prejudice that is
a gross disservice to both the patient and doctor of chiropractic. On May
16th, 2002, before a packed congressional hearing room, that trend was
significantly exposed and debated.
At that hearing Small
Business Committee Chairman, The Hon. Donald Manzullo (R-IL) and over a
dozen other Members of the U.S. House of Representatives, pounded Medicare
Administrator Thomas Scully for that program's ongoing policy of provider
harassment. In a four-hour hearing, witness after witness, including ICA's
Central Regional Director Dr. Michael Hulsebus (right) of Rockford, Illinois
told the Committee how Medicare had conducted completely unjustified and
overtly hostile and prejudicial attacks, post-payment audits and other
strong-arm activities aimed at hurting non-MD providers.
Dr. Hulsebus addressed the
issue succinctly with his testimony in which he stated, "Chiropractic
providers and patients alike find it alarming when Medicare administrators
take it upon themselves to use program policies to force health care
decisions onto beneficiaries that ought to be left to the patients
themselves. How else can you characterize policies that restrict access to
one form of care, in this case chiropractic care, regardless of the clinical
realities, and force those beneficiaries onto second-choice,
specialist-based care that is far more expensive than the chiropractic care
that is being denied? This is not only offensive in terms of personal
liberties and control over one's own health care; it is also very poor
public policy."
This historic hearing marks
a major change in the role Congress is willing to play in protecting
Medicare providers and Medicare patients from the heavy handed, arbitrary
and prejudice driven operations of the Centers for Medicare and Medicaid
Services (CMS). Formerly known as the Health Care Financing Administration (HCFA),
the May 16th hearing was titled: "CMS, New Name, Same Old Game?" The anger
and outrage of the Committee reached a peak when it was revealed that
witnesses at earlier hearings on Medicare harassment had been subjected to
snap Medicare audits on the very day they appeared before the Small Business
Committee. Chairman Manzullo immediately called for an investigation of what
he described as intimidation and witness tampering by Medicare and set a
July 17th hearing date for a full review of this "horrific and frightening"
abuse of power by Medicare authorities.