Coalition Statement on NCLAF
and ACA lawsuit

 The Chiropractic Coalition shares the widespread concern for safeguarding the unique character of chiropractic, and for maintaining subluxation correction as the exclusive domain of doctors of chiropractic. It is therefore imperative that federally funded programs such as Medicare contain language that clearly states that medical doctors, osteopaths and physical therapists are not eligible to be reimbursed for providing subluxation correction services.

After reviewing the status and progress of the American Chiropractic Association's lawsuit against the Centers for Medicare and Medicaid Services (CMS), which seeks a judicial decision to clarify this issue, the Chiropractic Coalition has determined that securing a legislative remedy would be more effective and less costly to the profession.

While the Chiropractic Coalition is pleased to support the "spirit" of the ACA's lawsuit against the CMS ‑ also known as the "S.O.S." or HCFA lawsuit ‑‑ it remains under an obligation to inform the profession that the lawsuit approach contains certain limitations. Knowledgeable political experts agree this judicial decision will have no impact that health policy is formulated by the legislature, not the courts. A judicial remedy is subject to re‑interpretation or appeal and provides no permanent, guaranteed protection.

Further, a lawsuit is an extremely time‑consuming and expensive tactic. The National Chiropractic Legal Action Fund (NCLAF), formed to fund the ACA lawsuit, has reportedly already cost the profession more than $5 million, according the ACA reports. More than 7,800 doctors, companies, organizations, and individuals have contributed to this fund ‑ with one national regulatory board donating $200,000 ‑‑ and the ACA has stated that more money is needed to continue the process.

It is the opinion of the Chiropractic Coalition that this money that could be better spent on funding subluxation‑based research, conducting public relations, engaging in national and international legislative efforts, and other much needed programs to protect and promote the chiropractic profession.

Therefore, the Chiropractic Coalition can no longer encourage doctors to provide additional contributions to the NCLAF. Instead, the Chiropractic Coalition, and its member organizations, will pursue legislation that will give chiropractors the exclusive right to perform, and be reimbursed for, subluxation correction under Federal programs.