Recent News
New York State Chiropractors Hiring a licensed massage therapist
Q: May a chiropractor hire or retain a licensed massage therapist? A: Yes. Reasoning and Analysis: Pursuant to a State Education, State Board for Chiropractic Practice Alert, a DC may hire and retain a licensed massage therapist. In separate guidance, the former...
New York State Chiropractors Hiring an Athletic Trainer (ATC)
Q: Can a DC hire a personal trainer, or ATC, and employ him or her to perform rehabilitative exercises with patients? A: No, it does not appear that this is possible. Reasoning and Analysis: New York State Education Law, Title VIII – The...
Cupping and NYS Scope of Practice
Q: Is cupping within the Chiropractic scope of practice and, if not, what certification would I need to be able to perform the technique? Are there any restrictions on where the technique can be applied (i.e. Only on the back, no extremities)? A: In my estimation,...
New York State Chiropractors and Coffee Supplements, Whey Protein
Q1: May a chiropractor under her license and through her practice sell a non-medical item – a type and brand of coffee – to the patients of the practice and is the practice required to charge and collect sales tax on the coffee sold to patients? Q2: May a chiropractic...
What Professionals may a New York Doctor of Chiropractic Hire and Employ?
A member asks . . . Q: What other professional classes of provider may a New York state licensed chiropractor hire? A licensed massage therapist? A registered nurse (to take vitals and do an intake examination)? An X-ray Technologist (to take X-rays or is a...
Videotaping a No-Fault IME in NYS
Q: Is a patient is entitled to video an independent medical exam (IME) under New York State No-Fault law? A: Videotaping an IME for a workers' compensation case is permissible under New York State Workers' Compensation Law. To videotape an IME for a No-Fault case,...
Hair Analysis and the Practice of Chiropractic in New York
Q: I am interested in using hair analysis to detect chronic health metal contamination in my patients. Is hair analysis a test I am allowed to utilize as a chiropractor licensed in New York state? And what things am I allowed to do? A: In my estimation, the answer to...
NYS Requirements for Chiropractors and After Hours Contact Methods
Q: Must NYS Chiropractors have a method of contact on their person at all times per State requirements? Or is having an answering machine/ answering service available after hours an acceptable alternative? A member telephoned the NYSCA questioning what method or...
Network Requirements for Chiropractors and After Hours Contact Methods
Q: May a health plan require that a Chiropractor be able to be reached 24/7 to remain part of the network? A member telephoned the NYSCA questioning what method or methods of contact a DC in New York “must have” for after-hours consultation and treatment. The doctor...
Billing E&M codes for a Report of Findings
Q. In our office when the doctor initially sees a new patient, we bill a new patient code. (99201, 99202, 99203, or 99204 with modifier -25) At that time, the doctor gives the patient an X-ray script and informs them to return to the office with their disk for an...
NYSCA Governance: Streamlined and More Effective
At the last House of Delegates meeting, House of Delegates voted to revise the governance of the NYSCA. This is a major change that will transform the New York State Chiropractic Association to better serve the needs of ours members in meeting the challenges of the...
Attorney Requests for Protected Health Information (PHI)
A member asks: A field doctor has been contacted by an attorney seeking the disclosures of health information from the records on one of my patients. The patient in question has instructed the doctor not to disclose any health information or release any information...
Sales Tax on DME & Nutritional Supplements
"[A Vendor] has recently indicated that effective March 16, 2015 nutritional supplements are subject to sales tax. Is this the case? And do doctors need to charge sales tax on nutritional supplements and/or DME?" It is my understanding that: Nutritional supplements,...
Independent Contractor or Employee?
Q: Is there an easily understandable legal reference that distinguishes between an employee and an independent contractor? A member notes that they have had an “independent contractor” chiropractor working in her office “for almost two (2) years. As the time has...
New York Chiropractor Enters into Settlement with Medicare Due to Alleged Overbilling
Doctors, please take note of the article below. It is important to understand Medicare billing procedures, guidelines and acceptable practice. It would be prudent for you and your staff to review the ACA medicare information at ACAtoday.org/medicare. Also try attend...