June 25, 2009

Now How Did This Get In There?

Filed under: Budget,Health Care — Christian Schneider @ 6:00 am

So by now you know the themes in the Wisconsin State Budget.  It was crafted mostly in secret.  Several versions have passed in the middle of the night to avoid press scrutiny.  It contains bunches of non-fiscal policy items that have nothing to do with the actual budget, which makes Democrats’ claims about how “tough” a budget it was to pass almost laughable.  The budget raises taxes by something nearing $5 billion, which gives taxpayers about the same chance as a hot Argentinian woman has from escaping Mark Sanford.

Just because we all know these things, however, doesn’t mean it’s not worth continuing to point out the most egregious examples of special interest non-fiscal policy.  Take, for instance, a small law change inserted for the benefit of chiropractors.

Under current law, health insurance plans in Wisconsin have to cover chiropractic care. (More on this later.)  In order to be paid by the insurance company, the chiropractor charges copayment, coinsurance, or deductibles, then submits all the paperwork to the insurance company.

Under a small provision snuck into the budget (p. 29 of this document), chiropractors could waive copayment, coinsurance, or deductibles to patients, but also couldn’t be reimbursed by insurance companies for the amount that is waived.  While a small change, it could mean big business for chiropractors.

You see, doctors would not have the option to waive these fees and have them deducted from their insurance payments.  Therefore, it gives chiropractors a distinct competitive advantage over doctors – it makes their office visit cheaper to someone deciding whether to see a doctor or a chiropractor.  The chiros won’t mind being able to charge less up front, as they will be signing up a long term customer.  In essence, they can now undercut the competition, where they couldn’t before.

Now, you may be saying to yourself: “What does any of that have to do with the state budget?”  The answer, of course, is: nothing.  It has no fiscal effect whatsoever – it is merely a policy change meant to benefit one special interest group at the expense of another.

So how did that provision get in there?  Who put it there?  What effect will it have on health care?  Anyone?  Anyone?  Was there actually some legislator who heard from constituents asking them to give chiropractors a competitive advantage over doctors?  (Oh, and by the way – if you could get around to clearing up that $6.6 billion deficit, that would be great, too.)

What’s clear is this – a naked special interest giveaway of that kind probably wouldn’t pass as separate legislation, so it was buried in the budget to avoid scrutiny.  So far, so good – there appears to have been nothing written about it in the press.

What’s interesting is that chiropractors have the clout in the Capitol that they do in large part because state law granted it to them.  Years ago, the State Legislature mandated that all health insurance plans must cover chiropractic services – thereby raising the cost of insurance on everyone else.  This government protection scheme seems to have been lucrative for the chiropractors, as they have now become one of the most prominent lobbying organizations in Madison.

Several years ago, a couple state legislators began to take a hard look at removing the chiropractic mandate, in an effort to make health care more affordable.  The chiropractors began a coordinated campaign to flood legislative offices with faxes – each Capitol office got hundreds of faxes a day, jamming up their fax machines and causing legislative staffers to devote their whole day to minding the reams of faxes that flooded in.  After a few days, legislators relented and the faxes stopped coming.  The chiropractic mandate was safe.  (You may have missed the chapter on “guerilla tactics to protect your government-granted monopoly” in “How a Bill Becomes a Law.)

When this budget is passed and the autopsy is completed, it will be interesting to find out how this provision made it in.  Although we may not know for sure until the chiropractors start pumping some of their government-granted protection money back into the campaigns of legislative Democrats.  Funny how the Dems are anti-business until they run into one with a hefty campaign account.

9 Comments

  1. Are you arguing that Chiropractic care shouldn’t be covered by insurance companies?

    Comment by Aaron Rodriguez — June 25, 2009 @ 12:47 pm

  2. Yes, I suggest that Chiropractic care should not be a state mandate that forces insurance companies and consumers to cover something they don’t want.

    You may, however, wish to use the power of government to force everyone to pay for your quackery.

    Comment by American — June 25, 2009 @ 6:02 pm

  3. Aaron – the point is not that it should be absolutely covered – or not covered. Most honest people would welcome a debate over whether it should be covered or not and whether a provision to allow chiropractors to waive fees & recover them later is a good idea. But this has not at all been the case. We can speculate and even argue all we want over whether this provision and many, many like it would get passed on their own. The fact is, they’ve been snuck in, without public debate. Without having to face the scrutiny of the light of day. We don’t even get to see who is responsible for putting it in. It’s not a budget issue, it’s a policy issue and by doing it this way, they’re being deceitful and dishonest.

    Comment by Locke — June 25, 2009 @ 10:37 pm

  4. How does it happen? Follow the campaign cash.

    Comment by Jack Lohman — June 26, 2009 @ 7:28 am

  5. [...] Christian Schneider found that the chiropractors got another leg up on regular doctors. Any bets on the donation splits from [...]

    Pingback by No Runny Eggs » Blog Archive » The penultimate budget is in the pipeline — June 26, 2009 @ 7:33 am

  6. Chiro’s shouldn’t be in there at all. They are just quacks. Years ago, I went to ones office as a salesman and while waiting in the office I started reading about their claims as I really didn’t know much about them.
    Low and behold, they claimed to cure cancer, diabetes, high blood pressure, heart disease and a variety of others.
    That was the last time I ever went near another.

    Comment by John Hyland — June 26, 2009 @ 7:34 am

  7. Easy. It is the equivalent of the AMA, only the Chiropractic lobbyists are a growing breed od UW failures unable to make Medical school. To appease this group of taxpayers, it was added. It would be more interesting to note on the extreme cost increases chiropractors have caused workmens compensation in Wisconsin, its one reason many businesses decide to go to say, Michigan. Once again, Madison is clueless.

    Comment by Belleville — June 26, 2009 @ 10:48 am

  8. I think you have misread the new regulations for chiropractors. If you look at the actual regulations (www.legis.state.wi.us/2009/data/AB75-ASA1.pdf) pages 1532-1544, you will see that the regs forbid them from waiving the patient portion unless they also forgo collecting from the insurnace. You may want to check into the actual regs before you rant. And yes, chiropractic is covered in Wisconsin, as is mental health and pregnancy and autism now. Hopefully you will need none of these services, but there are less fortunate people that do.

    Comment by Michel — July 5, 2009 @ 9:22 pm

  9. Oh, and I agree completely that it was snuck in. I’m with you on that point, it didn’t belong in the budget and most chiropractors I have spoken with (I am not a DC) did not know about it. The rumor is that the state association put in the new regulations because they want less chiropractors in the state (???).

    Comment by Michel — July 5, 2009 @ 9:30 pm

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