House Banking and Insurance Committee Vice Chairman Jeff Dial

to introduce legislation

requiring Department of Insurance to investigate complaints,

make determinations on those complaints,

notify the complainants of their determinations and enforce the law

when violations are found!

The Arizona Association of Chiropractic continues to seek practical and rational solutions to the critical issues that are besetting our profession:

·        Perceived violations by insurance companies and their third party administrators of the unfair claims practices act; and,

·        A recalcitrant Arizona Department of Insurance that refuses to investigate the myriad of complaints filed by chiropractic physicians and their patients. The problem is not whether Blue Cross, Cigna or any insurance company is adhering to the law. The problem is that the Insurance Department Director does not feel that she has a duty to enforce the law, "even if they did violate 461 (the Arizona Unfair Claims Practices Act)." That, in and of itself is breath taking! And a legislature that abhors over regulation dislikes regulators who thumb their noses at the law even more so.

The most effective and efficient way to deal with these problems at this time and to effect some long term solution is to require that the Department of Insurance look into our claims, make a determination, and, if warranted to enforce their findings pursuant to the law.

That is why House Banking and Insurance Vice-Chairman, Representative Jeff Dial (Republican - District 20 - Chandler), will introduce legislation in the regular session of the Arizona Legislature that begins next Monday, January 9^th that will require the Department of Insurance to investigate complaints, render a determination on those complaints, notify the complainant of their determination and enforce any violations with the authority to fine the offending party. In addition the legislation will require that utilization review boards include a chiropractic physician and require that physician to be licensed in Arizona.

This will be an uphill battle. But if insurance companies are confident that they are not violating the Unfair Claims Practices Act then they should have no objection to fair and full investigations by the Department of Insurance.

If successful this legislation could take affect by early next summer enabling review of our complaints and a determination as to whether our contentions are, as we believe, indeed valid.