Below is an overview of the New York Chiropractic Council’s 2023 Lobby Day in Albany.

On May 2nd 2023, members of the New York Chiropractic Council represented us in Albany at a Joint Legislative Lobby Day, along with NYSCA leaders. Our group, consisting of member of the legislative committee and board members, both past and present, gave up their time to advocate for the protection and promotion of our wonderful profession.

They pursuit of council member benefits ranged from immediate and tangible goals like monetary compensation to maintaining our persistent presence legally and legislatively. Some but not all of the items we advocated for you include: fair and non-discriminatory access and payment; protection of your practice rights; scope modernization; allowing Medicaid patients to have access to chiropractic; as well as having the same rights to business practices that non-professionals have specifically allowing healthcare Practitioners to be business partners with other health care providers including D.C.'s partnering with M.D.'s.

The amendments to strengthen future protection of your ability to choose diagnostic imaging are being inserted this month into the scope bill.

Thank you to Drs. LaMonica, Statler, Rubinstein, Baudille, Sweeney, Galish-Fraiser, and our president Dr. Ludwig.

In case you didn't know about them already we would like to highlight two resolutions that the Council signed this past September. We signed a resolution to Allow for a Free and Competitive Marketplace in Chiropractic Education, Licensing and Practice. For more information click here https://sites.google.com/view/chirofreedom/home.

The Second resolution was the Resolution to Recognize the International Agency for Chiropractic Evaluation. To view the resolution and more on the Council’s Philosophy click here https://nycouncil.com/philosophy. This position is related to excellence specifically in Vertebral Subluxation education.

Our Vice President Dr. Gregg Rubinstein will be present at a strategic planning meeting hosted by the FCS June 23rd in Orlando related to freedom in chiropractic education. The Council sent letters to the Florida legislature to support a bill to remove language from their scope that only allows the CCE as a credentialing body as a requirement of getting a license in that state.

Upcoming webinars are planned on topics related to making more money, learning to document the need to take an x-ray on day one without red flags, and a collaboration with Sherman College’s, Dr. Brian Dooley on the 33 principles see all of our webinars/virtual events on the new website https://nycouncil.com/events!

Below is an overview of the New York Chiropractic Council’s 2023 legislative session priorities, and our major accomplishments from 2022. We look forward to working with the State Board again this year.

2023 Council Legislative Agenda

The Council’s upcoming legislative agenda will include, among other items, advocacy for the following bills that will be reintroduced in 2023 and introduction of several new bills:

    MD/DC Partnership Bill – allowing chiropractors to form business partnerships with medical doctors and other healthcare practitioners.

    Scope Modernization Bill – Updating the chiropractic scope of practice.

        Amendment to protect x-rays for subluxation – the Council discovered that the scope modernization bill removes current legislative protection for chiropractors to utilize x-rays         for subluxation detection and management. Both the Council and NYSCA support restoring this protection via an amendment to the existing bill, which we have drafted.

    Telehealth Bill – establishing parity for chiropractors in telehealth.

     Medicaid Pain Management Pilot Program Bill – creating a DOH pilot program allowing chiropractors to treat chronic pain.

    Patient Health Care Non Discrimination Act – strengthening existing federal and state laws by prohibiting discrimination against all non-allopathic healthcare

    providers in New York.

    IME/UR Reform Bill – preventing unethical behavior and conflicts of interest by independent medical examiners and utilization review agents.

    Preceptorship Bill – allowing chiropractic college students of any state to participate in chiropractic preceptorships in New York.

2023 bills are currently in the process of reintroduction and therefore bill numbers are not yet available.

Update on Important Committee Chair Assignments

• Longtime Chair of the Assembly Higher Education Committee, Deborah Glick, has been replaced by Patricia Fahy.
• David Weprin is the new chair of the Assembly Insurance Committee.
• In addition, Peter Harckham has been replaced as Chair of the Senate Alcoholism and Substance Abuse Committee by Nathalia Fernandez.

The Council plans on meeting with these new committee chairs soon to discuss our legislative priorities.

2022 Council Policy Accomplishments

• Requiring Consideration of Alternatives to Opioids. A.273 (Gottfried)/S4640 (Rivera), was enacted as Chapter 732 of the Laws of 2022. The new law will require practitioners and their patients to discuss non-opioid treatments before prescribing opioids. The Council appreciates NYSCA for championing the final version of this bill in 2021-22. However, in 2018 the Council was the original drafter of this legislation, which did not include an option for “non-opioid medications.” at the time. This subsequent amendment to the Council’s original bill was a disappointment and unfortunately will likely not change the status quo of how medical patients with pain are managed and advised. A conversation about substituting one drug for another will not accomplish the original intent of our bill (S.5867 – 2019) which was to “require a practitioner to discuss non-pharmacological treatment alternatives with a patient before prescribing an opioid.” See https://www.chiroeco.com/opioid-prescriptions-down-but-replaced-by- other-drugs-as-overdoses-increase/, Chiropractic Economics, September 1, 2002
• Patient Health Care Non-Discrimination Act. The Council is awaiting the reintroduction of the Patient Health Care Non-Discrimination Act, sponsored by Assembly member David Weprin. In addition, we are seeking a Senate sponsor. This bill will strengthen existing federal and state laws by prohibiting discrimination against all non-allopathic health care providers in New York, whether through self-funded health care plans or plans fully funded through insurance, thus allowing all New Yorkers equal access to a wide array of beneficial, licensed health care services, including chiropractic.
• DOH Alternative Pain Management Medicaid Pilot Program. As a result of Council advocacy, including testimony at numerous legislative hearings, the FY2021 state budget authorized a Medicaid pilot program for "non-pharmacologic treatments such as acupuncture and chiropractic services as an alternative to opioid treatment for individuals suffering from chronic lower back pain.” We worked with Senator Pete Harckham to draft technical corrections to the original budget language in order to refine the program and facilitate its implementation. We are currently awaiting the formal introduction of this bill draft.
• IME/UR Reform Legislation. The Council has prepared a draft IME/Utilization Reform bill, which is under final review. The Council will present the draft this week to the office of Assembly Labor Committee Chairwoman Latoya Joyner for introduction.
• General Bill Monitoring. Approximately 20,000 bills were introduced across the last two-year term, and over 1,000 bills passed both chambers in 2022 alone. With a new term beginning, the Council is actively monitoring as both old bills are reintroduced, and new bills are introduced for the first time, flagging those with any impact on the chiropractic profession.
• Proactive Regulatory Monitoring & Engagement. The Council has remained actively engaged with various state agencies through the regulatory process on issues impacting the chiropractic profession.

            The Council opposed a proposed WCB rule which would have explicitly excluded chiropractors and certain other providers from              providing telehealth services. After asserting our opposition, the WCB’s proposal expired and is no longer under consideration.

• Participating in Joint Legislative Task Force. The Council is participating in regular calls with NYSCA to coordinate on all action involving state legislation affecting chiropractic in New York. The next meeting is January 26 at 7pm. 

We look forward to continuing to work with the State Board for the advancement of chiropractic in New York State.

The Council believes that all New Yorkers should have

the freedom to seek the treatment and provider of their choosing with respect to their healthcare, if treatment of a given health condition is within a licensed health care provider’s scope of practice. Unfortunately, this has not always been possible in New York for a variety of reasons. To reverse this historical bias against chiropractic and other non-allopathic health care professions, the Council will advance the "Patient Health Care Non-Discrimination Act", as a top legislative priority going forward. 

The Council’s dynamic reform proposal is still in the drafting stage and has not yet been introduced in the legislature. The bill will strengthen existing federal and state laws by prohibiting discrimination against all non-allopathic health care providers in New York, whether through self-funded health care plans or plans fully funded through insurance, thus allowing all New Yorkers equal access to a wide array of beneficial, licensed health care services.

The Council spent many months researching this new legislation and writing a preliminary blueprint, which will serve as a guide when we begin drafting technical bill language and seeking sponsors in the legislature. The blueprint itself is based on current “best practices “– laws enacted and legislation pending from both the federal (the Affordable Care Act’s Section 2706, non-discrimination in healthcare) and state levels (Wisconsin, Washington, Louisiana and Rhode Island non-discrimination laws, among others). 

The Patient Health Care Non-Discrimination Act will likely contain the following key provisions to end the bias against chiropractic and other non-allopathic health care providers in New York: 

● A requirement that all healthcare plans provide coverage for services that are within the scope of any licensed health care provider.

● A prohibition on fee discrimination.

● A prohibition on restricting health care coverage by establishing underwriting, cost containment, utilization review or other performance measures that are not comparable for all licensed health care providers.

● A prohibition on an insurer or health plan from circumventing the provisions of the law by creating new reimbursement codes that are not listed in the AMA CPT code book.

● A requirement that all healthcare plans include coverage for alternative treatment of pain management that does not involve the use of opioids.

● Application to health plans fully funded through insurance and self-funded plans.

● Substantial fines and penalties imposed upon parties not complying with the law.

The Council is presently reaching out to NYSCA, the other licensed health care professions, patients’ rights groups, the public and other key organizations who have expressed an interest in advancing this important legislation, as we try to build a large coalition in support of its formal introduction in the legislature, which we will seek later this year. In the meantime, please support our efforts on this important issue, where the Council is taking the lead!

Council Advocates for Chiropractic as a Solution to the Opioid Crisis

As New York continues to struggle from the opioid crisis, the Council continues to take a very public role in advocating how chiropractic can be part of the solution. On February 12th, Dr. John LaMonica submitted testimony before the Senate and Assembly Joint Health Budget Committee on chiropractic as a natural, non-addictive alternative for the treatment of pain. On February 15th, Dr. Joseph Baudille testified for a second time before the Senate Joint Task Force on Heroin and Opioid Addiction, emphasizing how chiropractic can help alleviate the crisis by managing pain without the use of addictive drugs. We are also attempting to meet with the Office of Alcoholism and Substance Abuse Services and the Department of Health to further raise awareness on how chiropractic can be a natural solution to help combat the opioid crisis in New York. We are also monitoring several alternative pain management bills in the legislature. 

Council Meets with New Chair of the Workers’ Compensation Board and Top Staff to Discuss MTG Compliance and IME Reform

Dr. Bryan Ludwig and Council lobbyist Perry Ochacher, along with NYSCA representatives, met with Clarissa M. Rodriguez, the new Chair of the Worker’s Compensation Board on March 27th to discuss the Medical Treatment Guidelines, including follow-up regarding the materials we submitted to the Board detailing how some carriers are not operating in compliance with the guidelines, leading to unjustified treatment denials. We also discussed continuing fee disparity in chiropractic reimbursement and IME reform. On April 26th, we had a conference call with Board staff to discuss implementation and staffing of the Governor’s Advisory Committee on the Utilization of Independent Medical Examiners, which we fought for and won as part of last year’s state budget. We are now pushing for chiropractic representation on this important Advisory Committee, which is tasked with improving the deeply flawed IME process.

Lobby Day 2018, Scope of Practice Bill and Other Legislative Priorities

Our annual Albany Lobby Day was held on April 24th, where we advocated for the Chiropractic Scope of Practice Modernization (A.8541/S.7427) and Business Partnership bills (A.5807, A.1943/S.4291, S.4125). We also initiated discussions about our forthcoming Patient Health Care Non-Discrimination Act. Between the Assembly and Senate, we are presently monitoring over 180 different bills that impact chiropractic, paying particular attention to legislation in the following areas: Opioid Crisis/Pain Management; Clinical Peer Review; Preceptorship Tax Credits, Out-of-Network Coverage; Medical Treatment Guidelines; limited “collective bargaining” rights for health care professionals; and childhood immunization, just to name a few. Additionally, we continue to host and attend important political events with key legislators to promote the Council and our legislative agenda. 

The New York Chiropractic Council is committed to fighting for meaningful policy reform in New York such as the Patient Health Care Non-Discrimination Act, but we cannot do this without your support. 

• Please stay involved as an active and dues paying member of the Council;

• Contribute to ChiroPurpose-PAC, our official Political Action Committee. C-PAC is the political action arm of the profession’s efforts to fight for chiropractic. For our profession to succeed, C-PAC must succeed. To contribute to C-PAC, contact either Dr. Donna DeRosa at dderosadc@aol.com or (914) 320-4568, or Dr. Scott Brunengraber at doctor@smithtownwellness.com-(631) 772-9355. Alternatively, you can speak directly with either of them over the weekend. Thank you!

If you have further questions or need any additional information, Council lobbyist Perry Ochacher can be reached at (518) 729-4555, or by email at pmo@stateandbroadway.com.