WORKERS COMPENSATION ISSUES IN TEXAS

WHY WOULD THE TEXAS MEDICAL BOARD WANT TO OVERSEE ACUPUNCTURE IF IT DOESN'T WORK?

2009-05-12T10:14:00.000-07:00

SB 1314 would deny currently acupuncture practicing Chiropractic doctors, the right to continue practice of this art, but would allow NURSES and "Physician Assistants" to practice.

Well, do they want to put their medical stamp of approval on this practice or not ?
See this current article :
http://www.usnews.com/articles/science/2009/05/12/toothpicks-match-needles-for-acupuncture.html

Toothpicks Match Needles for Acupuncture

Non-piercing pokes yield the same back pain relief as the skin-penetrating approach

Posted May 12, 2009

A sham form of acupuncture using toothpicks that don’t penetrate the skin works as well as traditional needle acupuncture for relieving back pain, researchers report in the May 11 Archives of Internal Medicine. Both procedures outperformed non-acupuncture alternatives, such as medication alone.

Acupuncture is the ancient Chinese practice of inserting needles into meridians, channels along which practitioners believe vital energy flows. Western medicine has struggled to verify whether these meridians exist, much less understand the biological mechanism by which the penetrations apparently relieve pain and deliver other benefits.

The scientists randomly assigned 638 people with chronic low back pain to one of four treatment groups. Two of the groups received acupuncture treatment: one group received individualized treatment by a practitioner, while the other received the standardized acupuncture regimen. A third group got the sham acupuncture, in which toothpicks were housed in needle guide tubes so participants couldn’t spot the sham. The fourth group received nothing beyond the drugs typically taken for back pain.

Volunteers received 10 treatments over seven weeks. None of the volunteers had previously received acupuncture for back pain, and all were permitted to continue using medication, typically anti-inflammatory drugs or pain relievers, says study coauthor Daniel Cherkin, an epidemiologist at the Group Health Center for Health Studies in Seattle.

A week after the last treatment, about three-fifths of those getting real or sham acupuncture reported significant improvement in disabilities brought on by back pain, compared with only two-fifths of those not receiving any real or simulated acupuncture."
See the rest of the article on US NEWS

SAY NO TO A MEDICAL BOARD MONOPOLY OF ACUPUNCTURE

2009-04-22T06:12:00.001-07:00

The State Medical Board of Texas, if it gets its way through full passage of Texas Senate Bill 1314 (SB1314) would have authoritarian, draconian, and monopolistic control of the practice of acupuncture regardless of the nature of the practitioner, and in light of the actions of the TMA (Texas Medical Association), it is clear that this would be the immediate end of Chiropractic doctors' ability to practice acupuncture, or use acupuncture needles in the treatment of patients. This probably would also forbid Chiropractic doctors (many unfortunately use the term "chiropractors" which I dislike) from even doing the earlobe staples for weight control, or control of nicotine addiction in Texas. The Medical Board, in my opinion, would like nothing more than the elimination of Chiropractic, and the ability to put every complementary and alternative health system in subordination to them. The bill has passed the Texas Senate, so the last stand would be for the House of Representatives to vote it down. PLEASE contact YOUR House of Representatives representative and stress as strongly as possible, this is a bad bill, doesn't do anything good, but actually interferes with holistic health care in Texas,
STOP TEXAS SENATE BILL 1314- SAY NO TO A MEDICAL BOARD MONOPOLY

NEW BAKER CHIROPRACTIC INFORMATION PORTALS / DOMAINS

2008-11-04T17:55:00.000-08:00

WE HAVE GREAT NEW DOMAINS IN THE
BAKER CHIROPRACTIC ,PA SYSTEM OF
INFORMATION PORTALS

THESE GREAT NEW SITES INCLUDE:
http://bakerchiropractic.biz
http://www.spinespecialist.biz
http://www.texaschiro.net

http://www.doctorsinlongview.com
http://www.longviewdoctor.org

Dr. John Raymond Baker, DC also has uploaded several new
videos to the drjohnbakerdc channel at YouTube.com.

One of these videos is about Dr. John Raymond Baker's view of how
important CARE is to healthCARE. Below is one of these videos.

PUTTING MEDICAL RECORDS ONLINE MAY COST MORE MONEY

2008-10-24T17:38:00.001-07:00

SCHOOL AND SPORTS PHYSICALS- GET THEM AT BAKER CHIROPRACTIC

2008-08-23T09:50:00.001-07:00

BAKER CHIROPRACTIC IS THE PLACE TO COME FOR YOUR CHILD'S SPORTS OR SCHOOL PHYSICALS.FROM ELEMENTARY SCHOOL THROUGH COLLEGE, BAKER CHIROPRACTIC IS CONVENIENT, AFFORDABLE,FRIENDLY, AND REASONABLY PRICED. WHILE OTHER DOCTOR'S OFFICES MAKE YOU SIT AND SIT AND WAIT AND WAIT, DR. JOHN RAYMOND BAKER,DC, AFTER NINETEEN YEARS OF EXAMINATIONS, IS ABLE TO GET THE EXAM DONE COMPLETELY AND QUICKLY IN A REASONABLE TIME FRAME, WITH NO UNNECESSARY WAITING.
SO, WHETHER YOU ARE IN LINDALE OR LINDEN, GILMER OR GLADEWATER, LONGVIEW OR TYLER,MINEOLA OR MARSHALL, KILGORE OR PARTS IN BETWEEN, WHITEHOUSE OR WHITE OAK, BAKERCHIROPRACTIC IS THE PLACE TO GO.
WE ARE LOCATED AT 1420 MCCANN ROAD, IN LONGVIEW TEXAS AND OUR PHONE NUMBER IS 903-753-5400. OUR HOURS ARE 9 AM - 1 PM AND 3 PM- 6 PM MONDAY THROUGH FRIDAY.
CALL 903-753-5400 TODAY AND SCHEDULE YOUR EXAM IN ORDER TO AVOID THE LAST MINUTE RUSH!

MERRY CHRISTMAS

2007-11-30T22:46:00.000-08:00

MERRY CHRISTMAS

DR BAKER TALKS ABOUT WORKERS COMP ISSUES ON YOUTUBE

2007-11-24T16:54:00.000-08:00

HELP WANTED, JOB POSITION AVAILABLE IN LONGVIEW

2007-09-25T04:32:00.000-07:00

BAKER CHIROPRACTIC, PA , one of the friendliest Doctor's offices in Longview, has a position available right now for the right applicant. For details, please click
http://positionavailable.blogspot.com
If you are interested in getting into health care in a ground level position, contact Baker Chiropractic about this job opening.

Early Impact of Texas Workers' Compensation Medical Fee Schedule Changes Identified in WCRI Study

2007-07-28T12:16:00.001-07:00

Here's an interesting article from BUSINESS WIRE
"CAMBRIDGE, Mass.--(BUSINESS WIRE)--June 28, 2007--Reforms enacted in 2003 to address medical costs of the Texas workers' compensation system are beginning to have some early impact, according to a study by the Workers Compensation Research Institute (WCRI). The study reported that by 2004, changes to the medical fee schedule implemented in August 2003 resulted in significant decreases in the average prices paid for surgery and radiology (decreasing up to 25 percent from 2002 to 2003), and an increase in average prices paid for evaluation and management services of 12 percent from 2002 to 2003. The impact on the average price paid overall for physician services was moderate, decreasing by 8 percent. Despite little change in the fee schedule rates for physical medicine services in the 2003 fee schedule, average prices paid to physical/occupational therapists and chiropractors increased by 2 to 5 percent, respectively. The increase was the result of rising prices paid to them for physical medicine and evaluation and management services billed. The study, The Anatomy of Workers' Compensation Medical Costs and Utilization, 6th Edition, pointed out that other trends observed between 2003 and 2004 may also be affected by reforms passed as part of House Bill 2600, such as the development of a list of approved doctors wishing to participate in the workers' compensation system, required training and quality of care monitoring of those doctors, an independent review organization to resolve medical disputes, the use of generic drugs, and preauthorization for certain medical procedures. The study also noted that it is premature to use data in this report to evaluate the impact of the significant reforms included in House Bill 7, enacted in September 2005, The requirements in HB 7 that might be expected to directly affect medical costs and utilization included permitting employers and insurers to establish medical networks for the care of injured workers; the selection of evidence-based treatment guidelines; adoption of a pharmaceutical fee schedule; the adoption of inpatient and outpatient fee guidelines, when appropriate; and adding physical and occupational therapy to the list of procedures requiring preauthorization. "

Further in the article
" However, the study provides pre-reform baselines for evaluating the impact of the 2005 reforms. For example, the study found that the rapid growth in non-hospital medical costs in Texas had reversed before implementation of HB7, decreasing by six percent in the latest pre-2005 reform study period after increasing in previous years. Decreases in medical costs and utilization may have resulted from the fee schedule decreases under HB2600. Many system participants believe, however, that an increased awareness of the relatively higher and growing utilization of services in Texas led to tightened utilization review processes. The study noted that the average payment per claim to providers of physical medicine and chiropractic care in Texas decreased four to eight percent in the most recent pre-2005 reform study period. This was the result of a decrease in visits per claim to chiropractors and a decrease in services per visit to physical/occupational therapists. The average payment per claim for these providers was still among the highest of the 12 other study states. "

MR. MICHAEL HENDERSON ADDED TO STAFF

2007-06-18T17:59:00.001-07:00

BAKER CHIROPRACTIC,PA is proud to announce the addition of another staff member.

Mr. Michael Henderson, with years of experience in therapy and marketing, joins our staff in the position of Marketing Manager. Mr. Henderson is a Tyler resident, and has been involved in various aspects of Chiropractic for around 19 years. We feel very lucky to be able to add his considerable talents to forwarding our clinic's efforts to help patients throughout Northeast Texas.

Picture legend from Left to Right :
Mr. Michael Henderson, (Marketing Mgr.), Mrs. Tammy Bennett-Baker, (General Mgr.),
Dr. John Raymond Baker,BS,DC (Clinical Director), and Ms. Amy Tidwell (Office Mgr.).

MR. MICHAEL HENDERSON ADDED TO STAFF

2007-06-18T17:58:00.001-07:00

BAKER CHIROPRACTIC,PA is proud to announce the addition of another staff member.

longview chiropractic

2007-05-17T04:54:00.001-07:00

We have launched new sites....
and some are still in the process of building...
http://bakerchiropractic.justfree.com
http://longviewchiro.0505mb.com
http://bakerchiropractic.fizwig.com

Check them out if you get the time.

New sites

2007-05-17T04:52:00.000-07:00

SOMBRA , BIOFREEZE, TENS UNITS

2007-05-16T04:29:00.001-07:00

Baker Chiropractic, PA not only is the place for excellent care in Longview Texas, but we also carry a line of products to ease your muscle spasm and pain.

We carry Sombra, a pepper based liniment which offers warm relief to pain.

We also carry soothing, cool biofreeze, the green gel that soothes those tense muscles.

We also carry Transcutaneous Electrical Muscle Stimulators for those patients treated at Baker Chiropractic who may need an alternative pain management method.

And last but certainly not least, we carry the fine therapeutic line of pillows from Mellow Out Spa , Inc.

Please come in at 1420 McCann St., Longview Texas, in the Brookwood Shopping Village, or call us at 903-753-5400.

Newest website

2007-03-18T19:32:00.000-07:00

Our newest site was launched this weekend.
http://bakerchiro.sprinterweb.net
Please feel free to check it out.

Time to get ready for spring and summer

2007-03-09T04:56:00.000-08:00

Well, the hours in the day are getting longer, the weather is getting warmer, and it won't be long before you will be getting active in the outdoors. If that knee or back or neck is holding you back, isn't it about time you had it seen about and got the kind of treatment to get you back to shape?

Call 903-753-5400 today and make an appointment with Dr. John Raymond Baker,DC .

IF YOU ARE AN INJURED WORKER, DON'T FEEL HOPELESS...CALL BAKER CHIROPRACTIC

2006-12-19T20:15:00.000-08:00

IF YOU ARE AN INJURED WORKER, THE SYSTEM
SOMETIMES FEELS LIKE YOU ARE FIGHTING ALONE.
HAVE NO FEAR, CALL BAKER CHIROPRACTIC,PA.

WE HAVE BEEN DOING WORKERS COMPENSATION
WORK FOR YEARS, AND HAVE A GREAT REFERRAL
TREE FOR OTHER SPECIALISTS SHOULD THE NEED
ARISE.

GET PRO-ACTIVE! CALL FOR AN APPOINTMENT
FOR A FREE CONSULTATION TO SEE IF
BAKER CHIROPRACTIC MIGHT BE THE PLACE FOR YOU.

903-753-5400.

NO GOLD WATCH FOR WORKERS

2006-12-16T14:50:00.000-08:00

In the beginning he had been fresh and strong, and he had gotten a job the first day; but now he was second-hand, a damaged article, so to speak, and they did not want him... they had worn him out, with their speeding-up and their carelessness, and now they had thrown him away!--Upton Sinclair, The Jungle (1906)

I think that quote really captures the feeling that the injured worker has here in Texas. Many are afraid to even report their injuries, afraid of being blackballed and fired, and since Texas is an "at will" state, their fears are not without reason.

But, let's look at another state, California....

http://www.californiaprogressreport.com/2006/12/work_comp_fraud.html

December 6, 2006. 4 comments. Topic: Workers' Compensation
Work Comp Fraud; Stop the Hypocrisy
By David J. DePaoloEditor-in-ChiefWorkCompCentral
It seems that fraud and workers' compensation just belong together.

The sad part is that those who commit the most heinous criminal acts and cause the greatest civil damage always seem to be just out of reach of the "long arm of the law." What's worse, is that we as an industry not only seem ambivalent towards this criminal behavior, some even seem to condone it!

Just last week it was revealed that State Fund board Chairwoman Jeannie Cain told the Los Angeles Times that SCIF directors, Frank DelRe and Kent Dagg, stepped down following questions about whether their membership on the board was appropriate while the two operated businesses that collected millions of dollars in fees from the fund.

This news, by the way, is nothing new -- our own Jim Sams uncovered that story years ago, but after the director of that inquiry (John Dunlap) resigned, Jim didn't think newcomers would have the chutzpah to actually do it again or that our esteemed Governor Schwarzenegger would overlook obvious conflicts of interest in making appointments.

It seems that Jim was wrong. The pervasive greed of those feeding off of the workers' compensation gravy train is so endemic that there is no sanctity, no island of honesty, not one bit of redemption that any amount of reform or public humiliation can rectify.

The brokerage community has been successful for many years in steering the fraud debate towards the most minuscule part of fraud: injured workers; a segment of the fraud population that is so small that insurance companies comically seek big attention for thwarting a criminal act that typically does not amount to more than $10,000 in damage.

Where is the outcry, however, when brokers suck $4 billion out of a system on clever reinsurance chicanery (see our various stories and articles on Unicover) so they can make a half-billion dollars in fees? Why isn't the Employer's Fraud Task Force and other self-appointed overseers of malicious intent and do-gooders directing their energies towards identification of the white collar criminals guilty of bid rigging? Where are our district attorneys, whose offices are flush with workers' compensation fraud fighting money, when clear evidence of outright insurance company misreporting of work comp premium occurs? Is Eliot Spitzer, formerly New York's Attorney General and now that state's governor, the only politician who seems to be bothered by large scale white collar crime?

WHY IS IT THAT NOBODY GIVES A DAMN IN THIS INDUSTRY ABOUT BIG MONEY FRAUD?
I am sick and tired of the self-congratulatory insurance company press releases boasting about small time fraud busts (SCIF is ironically guilty of this media puffery). I am sick and tired of employers blaming injured workers for their sky-rocketing insurance premiums when typically the blame more often than not should be directed at recalcitrant brokers milking a commission schedule because of under-regulation. I'm sick and tired of lawmakers putting the blame on physicians, the vast majority of whom are just trying to do their job in the practice of medicine when they appoint criminals to public oversight positions. I'm sick and tired of a paralyzed legislature and executive branch who would prefer to stick their heads in the sand while a major economic force in this state is allowed to be controlled and perverted to serve the interests of big East Coast financial conglomerates.

But mostly I'm sick and tired of us in the industry putting up with this crap. The news of this scandal, and follow up stories, barely registered in the top 30% of all news published on WorkCompCentral for the month. In fact, some comments made about the story were indicative not only of apathy, but virtual acceptance! As if it was OK to rip off the system if you have a white collar on! I am ashamed of our industry. I am ashamed that we view this behavior with ambivalence. I am ashamed that we tolerate such wrongful behavior.
To make matters worse, the laws we have in place and which would seem to give our law enforcement agencies the ability to seek redress seem simply to be another excuse to grab money!

For instance, in 2004 the California State Auditor issued a scathing report stating that the $30 million collected from employers each year to fight fraud is wasted and that the Department of Insurance is doing a terrible job of combating fraud. And the recent SCIF debacle is a glaring example of the hypocrisy that predominates the enforcement of our workers' compensation fraud laws and the perversity of a system that is apparently without a moral rudder.

It seems to me that Misters DelRe and Dagg are likely in violation of Labor Code Section 3820. That section applies across the board to any person or entity who:(b)(1)Willfully misrepresent any fact in order to obtain workers' compensation insurance at less than the proper rate.... (5) Knowingly assist, abet, solicit, or conspire with any person who engages in an unlawful act under this section.

Will anyone prosecute this duo for their self interested manipulations? Probably not. Does anyone care? From what I'm reading so far, probably not...
The Schwarzenegger Administration has bled all they could out of injured workers and doctors. This same administration put DelRei and Dagg in a position of abuse.
The outrage of the community should be heard all the way to Attorney General elect Jerry Brown's office, calling for a high level investigation, criminal prosecution, and civil penalties against some of the biggest fraud in the history of California workers' compensation.
If we're going to "fix" workers' compensation, fix it all the way around. Stop the hypocrisy.
David J. DePaolo is the President, CEO, and Editor-in-Chief of WorkCompCentral, which he founded in 1999. He previously represented insurance carriers and self-insured employers. This article first appeared in WorkCompCentral and is republished with their permission."

In Texas, the new tactic of the carrier seems to be taken straight from a line from the movie A GUIDE FOR THE MARRIED MAN. One character advises the other character that if his wife ever catches him cheating to : Deny, Deny, Deny.

Well, that seems to be the modus operandi of carriers....deny deny deny.
Either the injury never happened, or the worker didn't get hurt as a result of it, or the worker never reported it.

Who ends up being screwed in this scenario?

The worker and whomever doctor treats him or her.

Something needs to be done.

Medical Doctor sentenced to 328 years for illegal prescriptions

2006-10-24T04:59:00.000-07:00

DETROIT -- A doctor has been ordered to spend the rest of his life in prison for prescribing narcotic drugs without a legitimate medical purpose.

Mukunda Dev Mukherjee, 64, of Fenton, was found guilty in February of 44 counts of illegal distribution of controlled substances.

U.S. District Judge Paul Gadola on Monday sentenced Mukherjee to 328 years in prison by imposing the maximum sentence for each count and ordering that the sentences be served consecutively. Mukherjee also must forfeit nearly $170,000 in assets.

"The severity of today's sentence should be an object lesson to any unethical medical professionals who would use their prescription-writing authority to put dangerous narcotics in the hands of addicts," U.S. Attorney Stephen Murphy said.

Prosecutors showed during Mukherjee's trial that he charged people $45 to $90 for postdated prescriptions for drugs such as Oxycontin, Morphine and Vicodin without physical examinations.

SECOND NEWS PORTAL LAUNCED ON 15 OCTOBER 2006

2006-10-15T17:51:00.000-07:00

http://johnraymondbaker.php1h.com
IS LAUNCHED ON OCTOBER 15, 2006. IT IS THE LATEST NEWS PORTAL FOR BAKER CHIROPRACTIC.

OUR NEWEST INFORMATION PORTAL LAUNCHED 15 OCTOBER 2006

2006-10-15T10:34:00.000-07:00

http://johbak0.100webspace.net

Our NEWEST portal goes online Sunday, 15 October 2006.

Yet ANOTHER Baker Chiropractic Information Portal Launched

2006-10-13T04:49:00.000-07:00

The growing list of BAKER CHIROPRACTIC, PA informational portals has increased again.

We launched http://bakerchiropractic.orgfree.com
yesterday and it seems to be working fine.

Have a great day!

New Baker Chiropractic Information Portal

2006-10-11T18:01:00.000-07:00

A new information portal is born and launched. The address is
http://bakerchiropractic.wordpress.com and is going great. Wordpress is quality blogging software, and BAKER CHIROPRACTIC, PA is proud to be able to include this site in its information portal news network.

Injured Worker...Do You Feel All Alone?

2006-09-26T19:34:00.000-07:00

You've been a good worker for some time. Always on time, working hard to do a full day's work. Suddenly, you get hurt, and now, you worry that you are being targeted for termination.

On top of this, you are hurting, and may have numbness in the arms or legs. You don't know how bad you are injured. What do you do? WHAT DO YOU DO?

You NEED a treating doctor who has years of experience in treating injured workers.
You NEED a treating doctor who cares about your problems.
You NEED a treating doctor who does the right things to find out how bad you are hurt.

Dr. John Raymond Baker,DC is such a doctor.

You aren't alone when you have the resources of BAKER CHIROPRACTIC on your side.

Call 903-753-5400 today!

Our newest website just went live today.

2006-08-31T12:24:00.000-07:00

Our newest website just went live today.

http://www.johnraymondbaker.com was launched and is a big success.

Check it out when you get a chance.

~Doc