Episode Transcript
WEBVTT
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Hi Everyone, and welcome to this
episode of catch up with CAIRA touch.
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I'm your host, Dr Brian Blast. Today I have a return guest.
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Dr Mark Student Is Back. He's
in the hot seat today to talk to
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me about what documentation to use for
different classes of patients, such as personal
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injury, workers compensation, Medicare and
manage care. Dr Marks been in practice
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since one thousand nine hundred and eighty
one, teaches both chiropractic and medical academia
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as a national lecturer and consults doctors
of Chiropractic in forty nine states. I
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give you the very abridge version of
this background. Bottom Line, Dr Mark
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knows his stuff and I'm excited to
spend some time again with him today.
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Thanks for joining me, Dr Mark. Hey Brian, thank you for those
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nice accolades. Now, unfortunately I
have to I have to live up to
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them. Well, yeah, I
mean, if you've been in the business
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long enough, it's an experience.
So just before we started we talked about,
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you know, which baseball team that
we both followed, and fact I
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want to let you know that I
tell my clients if you start with me
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and you were Red Sox, Fan
your feet automatically doubles. Okay, and
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don't be surprised if I don't pick
up the phone off. Okay, because
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US Yankee fans, you know,
we think of the Red Sox. Oh,
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of course. If if there's a
red sox fan on my little league
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team, I make them that last
all, your kinder than I am.
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It's just it's just the way it
is. You know, just don't know.
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I don't know. So that's just
the way life goes. But we're
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talking today about documentation. Correct what
do you want me to delve into first?
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Well, it's a big it's obviously
a large part of the business.
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When it comes to a chiropractor.
We are a valume based business, as
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most people are, and we have
to make sure we're doing compliant documentation.
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But the bet were fast about it. So the first thing I hear from
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my cash practices, or when I'm
to work with cash practices, I'm sure
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you do as well, is kind
of a shorter report. I needed less
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detail in the for my cash patients. Okay, so I'm going to give
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you a broad stroked on this and
a couple of stories to help underscore the
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reality. It is a rookie mistake. That is the shortest road to hell,
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and I mean hell, to think
that you have different standards for different
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financial classes. You have one standard
of documentation and if you don't believe me,
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just ask your license. You Board. I've gotten many, many phone
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calls and one just sticks out in
my head and it was a very good
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friend of mine call me up and
said, you know, I had all
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these cash patients and I did this
level of documentation, but from Blue Cross
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Bu Shield I did that level of
documentation. Now getting called in by the
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license, Youre Board because Blue Cross
made her a complaint. The patient made
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a complaint, on and on and
on, and I'm a healer. I
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could just put what I want.
I don't have to do too much,
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especially the cash and blue cross was
complaining, and the reason being is because
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the patient no longer had benefits than
they turned to cash. He did a
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different level of documentation. Blue course, subpoena the records. Now they got
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the blue cross records in the cash
records and it was two standards of documentation.
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Turn them in to the licensure board
and the guy had a dance,
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the dance and not the happy one, and he was and he was actually
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cited by the licensure board from this
conduct, and I can go on and
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on and on and on. You
have one standard, folks. It's the
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same thing. You're going to build
a nine, nine two hundred two and
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right now it's based upon time and
elements and levels of complication. The nine,
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nine two hundred and three. You
have to meet those levels, based
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upon what those levels are, and
bill for it. Now it's very important
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that you understand what those levels are. And when I am I've talked about
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this in our previous podcast, when
I on board a client, the very
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first thing I do, as I
say, send me all of your intake
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forms, your last new patient,
your em evaluation, including the intake,
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which is your evaluation in management,
nine two or two, two, three,
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two, four, twenty five,
and your first. So No,
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and I want to see what you're
doing. And they say, well,
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do you want to pay? I
case, I said it doesn't matter,
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I want to see your last one
because I will know if you have compliance
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issues. Now I happen to have
a relationship with the attorneys for various different
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insurance companies, both personal injury and
non personal injury, and I know what
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they're looking for. They look for
things like predetermined treatment plans. They look
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for things like cutting corners. The
last one was a lawsuit from Lacrosse Blue
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Shield against the doctor. They invoked
the Rico case, and Rico is under
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the Organized Racketeering Act, which means
use a paper instrument to deforti financial institution,
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meaning your your or eanm notes,
your solf notes, to De Fraud
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The insurance company, which is a
financial institution in a systematizes matter. So
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what this doctor did was is the
doctor cut every corner, but he build
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for a nine, nine, two
hundred and three. Cut every corner.
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So the carrier said, I'm subpoenaing
your last fifty records. Is there a
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pattern? So again, it doesn't
matter if it's personal injury, it's managed
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care. Cash is even worse than
getting in trouble because then you get in
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trouble with an insurance company, a
patient of US insurance, who do they
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complain to? They complain to the
Insurance Company, but when you have a
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patient that has no insurance and only
cash, the only people they can complain
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to is your state licensure board,
and they complain vociferously because you're taking money
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out of their pocket, not the
insurance company's pocket and they get angrier,
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and the and the state licensure boards
are so grossly understaff that if they get
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their hooks into you, they've got
to make an example out of you.
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So the bottom line is there is
one standard of documentation depending upon the level
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of evaluation you're doing, and you've
got to understand what elements are required for
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that element. So when we start
a client and on our consulting side,
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there is actually a whole section dedicated
to documentation and it's called documentation made easy.
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Now I do have to tell you
that if you follow the Cairo touch
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of bouncing ball, and I mean
that sincerely, when you follow what's supposed
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to be done, past medical history, review of systems, it's all in
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there, you'll be fine and most
people get in trouble when you start cutting
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corners. Follow the bouncing ball.
It's there for you to use. And
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if you have the the the bullet
touch program which is partially a macro set,
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amongst other things in there that I
helped them, by the way,
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they don't pay me and I say
things they don't like. Sometimes don't really
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care, but the reality is is
that if you use what's there, the
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system that. I've said this before. The the Algorithm, which means computer
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program will protect you from you.
And I've seen a myriad of other system
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I've seen every system in our industry
because I do compliance reviews with every doctor
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I on board. And you know, as much as you might complain about
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Cairo touch, you have, what
yours is is light years ahead of just
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about every other program I've seen in
the industry if used properly, and all
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it matters is how to push the
buttons and once you're comfortable, it's just
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easy. That's a detail that we're
looking for right. I mean it's it's
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I love the the anecdotal, you
know, reference to other providers. Say
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Hey, I'm not just saying yes, you have to do more detail for
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cash patients, I'm telling you what
has happened in the real world. So
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yes, don't be lazy. Use
the program document appropriately so you don't have
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that legal exposure. Here's the other
issue with legal exposure, and this I've
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seen on the personal injury side sue
to trickle down to the managed care side.
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It's called predetermined treatment plans. And
the carrier, the carriers for the
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past few years, you know,
and in war they come up with names
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for campaigns like dday was the attack
on Normandy. They come up with names.
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The carrier has a name called fraud
for profit, and what they've done
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is they've come up with a profit
center and there and they're they're charging fraud.
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So what they are saying is is
if you have a predetermined treatment plan,
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that's fraud. So what they'll do
is they'll doc they'll get it,
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they'll put their computers to work and
they'll crudge out statistics that ninety six percent
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of your patients get x rays,
ninety seven percent of your patients have the
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same diagnosis, s four percent,
and and that's a predetermined treatment plan.
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Now that is true if you don't
have the appropriate documentation behind it. Also,
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if you follow some of the Gurus
in the self proclaimed gurus and the
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personal injury world who are trying to
sell you programs, will tell you you
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need to do twenty, thirty or
forty diagnosis on every patient. Well,
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guess what the purpose of that is
to build more money out of the insurance
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company on its on a on a
predetermined plan. You will win and then
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you'll give it all back threefold.
In Arico case, you've got to be
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real careful. So I mean it's
just unusual. Try to stay, if
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you can, as a rule,
within the Hick for twelve and if you
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need to do more occasionally, that's
fine. But if you're just doing that
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because it was it was sold to
you by a plan on this on this
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program you're buying because you're going to
get all these Pi cases and make more
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money, you what you want to
do is you want to try to get
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that person who told you to do
that to personally indemnify you for any and
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all retribution, which they'll never do, because you've got to be careful.
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You're going to be in the crossairs. So that's the type of legal explosure
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you have to be careful of.
And I am the most aggressive conservative person
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you will ever meet when it comes
to compliance. I am ultra, ultra
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conservative. It's got to be on
firm ground and listen, you know,
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we talked, I don't know if
it was in this programmer last but I've
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presented to over three hundred fiftyzero lawyers
in thirty nine states, including many,
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many inside the insurance of this dream. So as a result of that,
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I get to see what they're going
after. I know what's happening before they
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do it, because I talk to
them. They tell me what's going on
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and we get to look at trends
and we had to get to look at
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actual things occurring in the courts or's
going to occur to keep you ahead of
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the curve. And it's conservative,
Conservative, conservative. If you're doing something
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that's a by report code, be
careful, be careful if you're take if
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you're billing insurance companies for it,
and if you're doing something to buy report
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code, and even if you're taking
their money on lean and not billing them
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directly, you're still taking their money. So be careful, be careful,
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be careful. As we you know, we'd started getting deeper into documentation.
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Then what's important there? Then within
a soak, done like a general everyday
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visit while we're seeing patients, you
know, multiple times. So what what
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are the important components there in what
you consider an important component of so oak?
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Note, everybody, get a pencil
of paper out. I'm about to
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tell you something very short you have
to write down, which will protect you.
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Okay, and then I'll give you
a little anecdote about what happened to
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someone who chose not to listen for
every area you touch. Write this down.
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For every area you touch you need
a symptom, a clinical find them
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and the diagnosis documented on every visit. You don't need anything else. For
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every are you touch you need a
symptom, a clinical finding and a diagnosis.
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There was a young man in Gloucester
Massachusetts about ten years ago, maybe
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seven years, ten years ago,
and encompass insurance, which is a subsidiary
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of all state, suit him under
ego and the Federal Racketeering Act for billing
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fraudulently on a systematized matter. You
see, he was patients came in and
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he would diagnose cervical, cervical and
Lumbar, lumbar, and rarely, if
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ever, diagnosed thoracic because people don't
complain about that. So what they did
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was is they did a computer program, they rent a spreadsheet on them and
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they found he had seventy two cases
and encompass and seventy two cases, seventy
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of them he adjusted and documented that. He adjusted thoracic and built for that
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extra region without diagnosic thoracic or having
a symptom for but he said, I'm
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a full spine adjuster and it's part
of the spine and it needs to be
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corrected. And on the healer.
So they, the attorney, retained me
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to do a forensic analysis. Now
I get twenty five hundred a case a
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chart for forensic analysis. It takes
me two full days of work to do
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one chart in a forensic analysis.
After ten charts, I said to the
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attorney settled, there's a pattern of
fraud because he did not document a symptom
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and a diagnosis for the region he
touched. Yeah, he took an x
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ray of it. He sees rotation
and there's motion, peal patient and on
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and on and on. But he
did not diagnosis, symptom or a diagnosis.
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So therefore it's constitutes insurance fraud and
I said settle now. He had
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seven seventy two cases and out of
those seventy two cases, here collected five
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hundred and Fiftyzero dollars. That was
over seven years. That's less than one
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case a month, not a whole
lot, less than one case a month.
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So he said on the Heeler,
I did the work, I'm not
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giving it back. You know what
the Guy Hears every morning? Now,
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attention walmart shoppers. He lost and
I'm not being sarcastic. He lost the
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case five hundred and fifty plus treble
damages, which is too one and Rico.
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He got a judgment against them from
one point six five million dollars.
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His legal fees were over three hundredzero
dollars and he went bankrupt. But he
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still has to pay them back because
he has a federal judgment against them and
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they garnish his entire life until that's
paid back. Didn't listen, so you've
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got to understand. Now again let's
talk about thoractic spin. Now I teach
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a three chiropractic colleges and two medical
schools at various levels, and one of
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the things we talked about is e
listening. So a lot of us,
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like myself, for a full spine
adjuster. Someone will complain of a cervical
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problem, lumbar's problem, so I'll
take my hand and run it down the
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SP on. I've never had an
area that needed to be adjusted, whether
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we're not taught, and tender fibers, so I'll miss it. Jones,
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is this tender t six on the
right? Yes, so I would diagnose
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or symptom elicited symptom t sis on
the right pain scale, two out of
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ten on a pain scale of zero, one of ten. Okay, that's
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number one. And then my diagnosis
is mild phacitus and the thoractic spine and
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I document it. Now. I
have a symptom, a clinical finding which
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is almost identical and the diagnosis for
that area I justed. So you've got
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to be careful for every area you
touch. Let me say it again,
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this is a nonnegotiable mark rule to
keep you out of the crosshairs. For
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every area you touch. You need
a symptom, a clinical finding and a
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diagnosis for every area you touching.
It must be documented on every soap note.
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Please don't repeat for me on your
soap notes past medical history or review
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of systems. I've seen all this
crap. Okay, now, symptom,
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clinical finding, diagnosis, anything else
you want to put you more than Malcolm.
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It's fluff. It's not necessary.
Those are e. those are m
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issues. So you want to cull
it down to just those things and that
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will protect you from any issues.
That does the education that we need here
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and in the industry and very easy
to do in Cairo. Touch with the
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bullet, touch macros again, when
you say those things. People think that,
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they roll their eyes and I think
all that's just more to work for
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me. Right, I have to
do that. Yeah, but you're protecting
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yourself and you're doing it with one
or two clicks. It's taking you five
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seconds to protect yourself against possible bankruptcy, right, as you spoke about.
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So being able to use a system
and document appropriately protects you. That's why
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it's important. I want to shift
gears to imaging. Do I need to
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order MRIs for non personal injury cases? I know you spoke before, we
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spoken in a previous podcast about MRIs
and personal injury. So I want your
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focus more here on MRI's for personal
injury and non personal injury cases. Please,
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if you're ordering MRIS FOR JUST PI
cases, be prepared to lose your
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license. Simple because are you pandering
to the plaintiffs attorney to make the case
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if you order an MRI of every
Pi case? Listen, that's absurd.
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You treat the patient. I don't
care if it's a personal injury non personal
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injury. It doesn't matter if there's
a significant ridiculopathic or milopathic component. Regardless
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of the ideology, you should consider
an MRI because x ray is not going
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to show you that space occupying leisure. You have to know. Is there
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or Herny at it? This is
it? Is it a protrusion? Is
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it an extrusion? Is it a
fragmentation? Do you have a tumor?
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Is An epidurl? Is it as
an intradul do you have is? Do
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you have a varicks? And you
have to know what variicies are. Is
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Their court a demon or a milopathy
or a mile of Malaysia? Actually,
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you have to know all of these
things and you got to kind of know
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what those things mean as well.
Remember, when you went to school,
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you were given the minimal amount of
knowledge to graduate and pass your licensure boards.
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After that it's on you. So
if you don't know all of those
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things I just shared with you,
go learn, go learn. You need
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to know when you need to take
an MRI, if a patient has radiating
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pain down a limb, if it's
lancenating electric if when you do a compression
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the patient, patient gets worse.
You need to consider those things. All
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of those things are critically important and
I don't care whether there are a Pi
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case or not. None of it
should matter. That's what you do with
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a patient and don't be delivering a
high velocity thrust into a patient where you
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don't know what's going on. GET
THAT MRI ordered. You know, for
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me I usually, and this is
an unofficial statistic, I've not done a
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full research program one, but about
three percent of your patients should be getting
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MRI's. That's an unofficial number,
three out of a hundred. If you
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have a pure Pi practice the number
goes up to eighty and eighty five percent.
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We're out of family practice and I'm
very few PI cases, not a
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whole lot, but when I had
a Pi practice, a lot, because
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my car accident cases, a lot
of them radiating pain. That's what we
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need. So there's your answer.
MRI is a tool and if you don't
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use it you can hurt your patient. If you don't know, you don't
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guess, and that is a hard, hard rule. And again, document
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the rationale and findings correct well,
you always have to document why, why
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are you ordering the MRI? And
then you have to document how it change
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a treatment plan. That's critical.
Those are two things that will get you
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out of trouble and fall out of
the predetermined treatment plan scenario and that the
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carriers are looking to take you to
task with. How does it Change Your
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Treatment Plan? It might be considering
the neurosurgical consultation. I'm not adjusting this
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area, or it might say it
confirmed that there is a space occupying lesion,
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but there is no necessity for referral
because there is not a room around
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the quarter root that it wouldn't create
damage. So you need to document all
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of those things and that's critical and
it can be done in that crows and
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a lot of the a lot of
those macros are already done for you in
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the bullet touch Pi side. Yeah, and just dropping your documentation, just
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go on with your day, but
use it to protect yourself no matter what.
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And let's recap here. We want
to elicit for our our listeners is
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the need to document every case and
not differentiate whether it's cash, person injury
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or Kriscom Medicare. You need full
documentation, and I think you did a
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wonderful job kind of hitting that,
hitting that point on the head, so
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that we understand as a as a
practitioner, don't don't deviate, don't be
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lazy. Put as much detail in
there as you can. So lastly,
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for our listeners that haven't heard you
before, can you go into some information
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about how they can get in touch
with you get more information about what you
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00:21:26.640 --> 00:21:30.680
guys teach for the Academy of Chiropractic. What we do in the Academy of
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Chiropractic. It's easy. We have
a full online university and our courses are,
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I think, the best of the
industry. There are professors are it's
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00:21:41.480 --> 00:21:45.680
always with a chiropractor, but we
might have a Harvard train near radiologist and
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00:21:45.759 --> 00:21:52.759
Albert Einstein College train of Vasculine Orologists. I mean, I could go on
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and on and on and on.
It's just great academics. So go to
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00:21:56.920 --> 00:22:02.119
teach doctorscom for academics. You want
to get in the consulting side, if
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00:22:02.160 --> 00:22:04.640
you want to learn how to get
your referral sources to run after you.
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00:22:06.319 --> 00:22:08.799
And I like personal injury, I
love trauma care and I like getting paid
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00:22:08.920 --> 00:22:15.759
more than less, go to teach
Chiros Shiroscom. So it's our the teach
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00:22:15.839 --> 00:22:21.720
doctorscom. Teach chiroscom. You can
go to the Academy of chiropracticcom. You
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seal our awards pages where people have
earned a fellowship or qualifications, and you
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can earn those as well. Or
call me my phone number six three,
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one seven eight, six, four, two five three. That's three,
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00:22:34.160 --> 00:22:40.680
one seven eighty six, four two
five three, and she call me about
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anything. I'd love to just chat. Love talking about this stuff. I'll
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chat with you about anything at any
time. I truly appreciate it. You
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do a great job for our industry, so thank you again for taking the
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time. Thank you for coming on
to the PODCAST. It's been eye opening,
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I think, for a lot of
practitioners. Also, thank you to
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our listeners for tuning in to catch
up with Cairo touch. If it wasn't
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for you, then we wouldn't have
a reason to be putting on all this
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content. So thank you. You
can find more catch up with Cairo touch
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episodes on spotify, itunes and Cairo
touchcom slash podcast. Again, I'm your
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host, Dr Brian Blast, and
I wish everyone listening well adjusted day.