Chiropractic Fraud - Perception Vs Reality

Chiropractic Fraud - Perception Vs Reality

Accident Attorney Massachusetts - Chiropractic Fraud - Perception Vs Reality

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Is condition care fraud more prevalent in claims submitted by chiropractors than those submitted by members of other condition care disciplines? When finding at the various news-sources, chiropractors are not found to make up either the lion-share of condition care fraud charges or convictions reported.

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Unfortunately, instances of fraud & abuse are gift in All condition care disciplines - Chiropractic, Medicine, physical Therapy, etc. There is no particular discipline that can lay claim to a proportionately higher rate of fraudulent show the way than any other condition care discipline. However, despite this fact, there is an ongoing feeding-frenzy of insurers investigating chiropractic claims. These investigations go beyond simply evaluating either the merits or healing necessity of claims to conclude if they should be paid.

Insurers are conducting 'post-payment' audits of claims paid in years past - focusing on purported documentation deficiencies in an attempt to open the door for carriers to query the money back! Chiropractors have found themselves faced with large repayment demands from insurers. Why?

Is it because the services were not performed? No, the insurer verifies the operation of the services straight through talking with the patient. Is it because the chiropractor did not document having performed the service? No, the services in query are customarily documented as having been performed. Post-payment audits arise because the insurer has retroactively concluded, maybe based upon some sense of entitlement, that the services were not documented sufficiently - i.e., to their satisfaction!

Insurers demanding refunds from providers for payments made - armed with allegations that providers failed to adequately document the services that were billed - file complaints with licensing & regulatory boards of the providers. If such complaints are made the real test will be in proving the documentation and standards were not met. The standards for documentation, as well as all other custom activity, for condition care providers is established and defined by state condition care licensing & regulatory boards. The boards, Not the guarnatee companies, or managed care organizations, supply executive oversight of the activity of licensees with sanctions for those who violate the laws and rules.

Allstate guarnatee has established a clear-cut course of suing chiropractors, alleging fraud and issuing press releases with the fanfare of a New Year's Day parade. News sources, along with chiropractic periodicals, do tiny or nothing to either investigate or value the factual bases of these suits prior to joining in lock-step to print the publish giving Allstate the press it so desires.

The news media and public-at-large tend to believe that if Allstate sues a condition care provider, alleging fraud, the provider must have engaged in fraudulent activities. It must mean that Allstate believes both they and their insured - were somehow defrauded by the provider's actions or conduct. It must also mean that Allstate relied upon the provider's misrepresentations when paying claims?

Well, that assuredly was not the case according to the September 2007 decision rendered by the United States 5th Circuit Court of Appeals in the case of Allstate guarnatee Co. Et al. V. Receivables Finance Company, Llc et al. The thought handed down by the Court was that Allstate is a major player in the casualty enterprise - thus when Allstate routinely reviews a condition care bill submitted by a chiropractor, performs some form of utilization chronicle on the provider's bill and ends up paying a significantly reduced sum based on the explanation that Allstate believed that a necessary measure of the bill was either medically unnecessary or not properly documented and thus not field to cost - Allstate cannot later come back and sue the same provider claiming that it was defrauded by some scam perpetrated by that same provider.

Nor was it the case, based on my personal knowledge, having worked with accident & Injury Chiropractic ("A&I"), a named defendant in the case. In 1998, following the operation of crusade warrants by federal authorities, I assisted A&I on implementing a condition Care compliancy program, a schedule designed to detect and correct any improper, false or fraudulent activity by the enterprise and/or its condition care providers- primarily chiropractors. Following A&I's implementation of their compliancy program, the federal investigation was formally closed.

The compliancy schedule that A&I implemented included an intensive internal auditing, monitoring and reporting ideas to facilitate the identification and revising of any form(s) of misconduct. The compliancy schedule was well-publicized to insurers and others, who were invited to article their concerns relative to alleged improper show the way and/or activities of the clinics, as well as those chiropractors associated, to A&I's compliancy Board to have those concerns appropriately addressed.

Allstate was well aware of A&I's compliancy schedule implementation, but never, to my knowledge, reported any concerns Allstate had, Allstate alleged in its highly publicized lawsuit, to the compliancy Board. It is necessary to note that, while other insurers in positions similar to that of Allstate, did article concerns and such concerns were sufficiently addressed and corrected to the insurers' satisfaction.

Although an integral part of the creation and implementation of A&I's compliancy program, the only taste I had with Allstate was after it had filed its lawsuit. This taste consisted of speaking with a paralegal of Allstate's attorney. The paralegal indicated she understood that I had assisted A&I with its compliancy schedule and Allstate's attorney would like to talk with me. On no occasion did I ever speak with Allstate's attorney. The only theorize that I did not talk with Allstate's attorney is that Allstate's attorney refused to serve me with domesticated process as an out-of-state witness.

This brings us to Allstate's suit filed in Federal Court in Dallas, Texas in March 2008, viz, Allstate et al. V. Michael K. Plambeck, D.C., Chiropractic Strategies et al. In this suit, Allstate alleges that Plambeck, who owns and operates Chiropractic Strategies Group ("Csg"), orchestrated a multi-state scam enthralling doctors, lawyers and telemarketers cleverly designed to solicit auto accident victims for free chiropractic evaluations - asserting that these free screenings were some form of subterfuge to enable Csg doctors to "inform" the patients they had severe injuries and to encourage the patients to sign up for legal representation by attorneys in order to prosecute claims for guarnatee recoveries and/or to share in lawsuits against Allstate Insurance.

In a March 6, 2008 press release, Allstate reported that the lawsuit against Plambeck was filed following an unabridged investigation by their extra Investigative Unit. Edward Moran, Allstate assistant Vice President in payment of the extra Investigation Unit, was quoted as stating, "Insurance fraud is a billion dollar enterprise that costs the average consumer 0 in higher guarnatee premiums every year... Allstate is aggressively pursuing the fight against guarnatee fraud to protect consumers and help keep guarnatee costs down".

This must have been an unabridged investigation by Allstate's extra investigators! For more than 10 years Allstate has known of the manner in which Dr. Plambeck conducted and operated his chiropractic clinics, as described in its press release!

As a extra Agent for the National guarnatee Crime Bureau (Nicb) I, as well as other investigative agencies - along with Allstate, was well-known more than a decade ago with the exact type of alleged acts of misconduct described. In fact, Allstate's Complaint identified activity back to 1996.

Nothing new was found in the data provided in the (2008) publish - except that the average costs passed on to guarnatee consumers by guarnatee associates has now risen to 0.00. This is up from figures of 0 to 0 cited in former years.

Talk about righteous indignation, the major casualty guarnatee associates ordinarily complains in the media that those high costs they pass on to the group are the supervene of condition care fraud on the part of chiropractors and other condition care professionals. However, carriers rarely, if ever, mention that they operate out of luxurious office complexes and pay multi-million dollar salaries to their executives.

For example, the Ceo of Allstate, in his first year on the job, received an each year payment box worth over .7 million, while the departing Ceo, received .8 million annually and .4 million in resignation benefits. Don't think for a tiny that those costs are not passed on to consumers in the form of rate increases!

Allstate's press publish on Plambeck contained a 'Call to Action,' request persons who have knowledge of, or have been victimized by, the project alleged in a lawsuit filed against the chiropractic manufactures to article this data to the Nicb. Why should this data be reported to Nicb?

Is the Nicb, a quasi-governmental law compulsion agency, assisting Allstate with civil litigation against Plambeck? Does Nicb have a concurrent unabridged decade-long criminal investigation of Plambeck's activities?

Nicb is a not-for-profit corporation under Section 501(c) (4) of the Internal income Code as a group welfare society - to combat fraud and theft for the advantage of customers and the group straight through data analysis, forecasting, criminal investigation support, training, and group awareness.

I theorize that Nicb will do what Allstate says. Allstate is one of its biggest customers and funding source! This would comprise helping them on civil cases because that is what they did in the case referenced above. In A&I's discovery-filings against Allstate, A&I accessed data from Allstate that included Nicb claims and financial checks conducted on me!

Is the filing of a lawsuit based on data known for over a decade, and the parallel attempt to sway group thought to its point of view, the most proper way to aggressively pursue the fight against guarnatee fraud?

According to a March 7, 2008 article in the Dallas Morning News - Bill Mellander, spokesman for Allstate's extra Investigative Unit, reports Allstate's adjusters are trained to recognize coarse fraud indicators, such as similarities in dollar amounts or wording in paperwork. When such indicators appear in a condition care claim Allstate's concerns are forwarded to Allstate's extra investigative units who then look for wider trends that may point to condition care fraud and abuse - maybe perpetrated straight through some form of a scam. And, per Mellander, that's exactly what happened with respect to Allstate's investigation of Plambeck et al. And its taking this activity in an attempt to recover dollars from fraudulent claims purportedly paid by Allstate.

I theorize Allstate adjusters are trained to do more than just recognize fraudulent trends and send such concerns to Allstate's Siu investigators as reported by Mr. Mellander. They have also been trained on how to value claims submitted to conclude if they should be paid utilizing sophisticated guarnatee manufactures software programs, such as Colossus, or local peer chronicle doctors who are paid by the guarnatee manufactures to chronicle and cut provider claims by necessary sums.

These trained adjusters probably interviewed the patients being treated at Plambeck's clinics to conclude the following: (1) circumstances of the accident; (2) either they were hurt; (3) what were their complaints of injury; (4) did they seek healing attention; and (5) are they still being treated.

Why were there no patients identified as co-defendants in Allstate's lawsuit alleging fraud and a collusive project in either the A&I or Plambeck cases? In order for such a "scheme" to exist, there must have been some form of patient claim submitted for cost that Allstate deemed to be fraudulent. If that is the case, are not the "patients" who submit the so-called fraudulent claim responsible for their own conduct? Wouldn't such a scheme, as alleged by Allstate, only be prosperous if you had willing-accident victims to participate? Not according to Allstate's actions.

Is paying claims and later filing a federal lawsuit seeking million in an attempt to recover dollars paid on the claims by alleging fraud for activity known for over a decade the way to protect consumers and help keep guarnatee costs down?

In the Spring 2008 edition of Fraud Focus published by The Coalition Against guarnatee Fraud, where it is reported that Plambeck allegedly cost Allstate so much money that the insurer is trying to "gut his operation" with a -million federal lawsuit. It is enthralling to note that Mr. Moran, an Allstate Vice President, and Nicb's Ceo are both on the Board of Directors for the Coalition Against guarnatee Fraud.

If Plambeck et al. Named in Allstate's lawsuit are in fact engaged in fraudulent activity, then they should be dealt with appropriately and held accountable by the proper authorities - but not by an insurer, functioning as a de facto Attorney General, that wants to "gut them" in the group eye - straight through media releases and press conferences!

Allstate pays Nicb large sums of money to facilitate criminal prosecutions of just the type of activity it alleged in its 2008 press release. The Nicb, in a 2006 extra Edition of Nicb Upclose, states, "Just what the doctor ordered... Nicb now has more than 25 healing Fraud Task Force Units throughout the United States that are creating a big return on investment for Nicb members". Interestingly, Nicb reports having task force units in all the states identified in Allstate et al. V. Plambeck et al.

Could this desire to gut chiropractic businesses also be the theorize for their lawsuits against so many other chiropractors? It without fail appeared to be the case with a chiropractor on the east coast who operated a amount of multidiscipline practices. I assisted this provider with his compliancy program. This provider's enterprise was in fact "gutted" and forced into bankruptcy trying to pay legal fees to defend the lawsuit of the "Good-Hands" people.

Are Allstate's protestations that it innocently relied on Plambeck's representations, and was defrauded thereby, plausible? Does the fact that Allstate has been investigating Plambeck for more than a decade militate against Allstate's claim that it "relied" on Plambeck's representations to its detriment?

This issue of confidence is the lynchpin of a fraud claim. If one is convinced that another party is a fraud, and proceeds to transact enterprise with that party, may the aggrieved party subsequently cry, "Fraud"?

May Allstate, the "good hands people," also claim to be the "clean hands people"?

Health care fraud may be a billion dollar enterprise as Mr. Moran states - but the guarnatee manufactures is without fail a Trillion dollar business!

It is disingenuous for Allstate to article its fight against guarnatee fraud is to protect consumers and help keep guarnatee costs down.

In a August 18, 2005 press publish on yet another federal lawsuit filed against chiropractic, this one in Massachusetts against First Spine and Rehab, Allstate reported that since 2001 Allstate has received more than million in court judgments, where Mr. Moran states, "These judgments against criminals range from individuals to sophisticated organized crime syndicates." Interestingly, Allstate's press releases dating back to 2004 found on their web-site reveals that all but one of the releases relevant to its lawsuits against condition care providers involved chiropractors.

It should be noted that The American association of Justice ranks Allstate guarnatee as the worst insurer for consumers, showing a pattern of greed, refusal to pay legitimate claims, and rewarding employees for claim denials with a strategy of "deny, delay, and defend".

In my more than twenty years of working with condition care fraud-fighters - along with insurers, regulators, law enforcers and condition care providers, the one constant I have found relating to chiropractic fraud is that those in the position to make the biggest dissimilarity select to invest the least amount inherent in learning how to identify, how to investigate, how to prosecute, and Stop condition Care Fraud!

However, these same entities/individuals are likely to Complain the loudest about how bad the problem is!

This niche targeting of chiropractors by insurers for post-payment audits and civil lawsuits does nothing to assuredly cut Healthcare Fraud but are diversion tactics to make every person think that something is being done.

I hope you obtain new knowledge about Accident Attorney Massachusetts. Where you may offer utilization in your everyday life. And most of all, your reaction is passed about Accident Attorney Massachusetts. Read more.. Chiropractic Fraud - Perception Vs Reality.

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