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Personal Injury

Back Clinic Personal Injury Chiropractic Team. Injuries from an accident can not only cause physical harm to you or a loved one, being involved in a personal injury case can often be a complicated and stressful situation to handle. These types of circumstances are unfortunately fairly common and when the individual is faced with pain and discomfort as a result of trauma from an accident or an underlying condition that has been aggravated by the injury, finding the right treatment for their specific issue can be another challenge on its own.

Dr. Alex Jimenez’s compilation of personal injury articles highlights a variety of personal injury cases, including automobile accidents resulting in whiplash, while also summarizing various effective treatments, such as chiropractic care. For more information, please feel free to contact us at (915) 850-0900 or text to call Dr. Jimenez personally at (915) 540-8444.


Health Clinic Owner Pleads Guilty to Workers’ Comp Fraud

Health Clinic Owner Pleads Guilty to Workers’ Comp Fraud

The owner of a Houston health clinic pled guilty to insurance fraud after billing for medical services � often provided to injured employees � despite having no licensed medical staff at the clinic. Instead, investigators found that the clinic was using foreign medical students to provide care.

Rosemary Phelan, the owner of Rose�s Houston Healthcare Clinic, entered a guilty plea in Harris County Court and was sentenced to seven years deferred adjudication and ordered to pay $88,000 in restitution.

A joint investigation by the Texas Department of Insurance Division of Workers� Compensation and Texas Mutual Insurance Company revealed that Phelan�s clinic had no licensed medical providers on staff yet continued to accept patients. She would then file fraudulent workers� compensation claims to collect from insurers.

According to investigators, the clinic had a licensed doctor on staff at one time. When that doctor left in 2012, Phelan began hiring foreign medical students to act as doctors and treat patients.

Workers� Compensation Commissioner Ryan Brannan said this case was particularly egregious. �Someone filing false claims is bad enough,� he said. �But this scam put people�s health at risk. It�s unconscionable.�

Phelan submitted $166,843 in fraudulent workers� compensation claims, representing more than 50 injured employees, claiming they had been treated by the clinic�s previous doctor.

Phelan pled guilty to second degree insurance fraud and a felony charge of practicing medicine without a license. The investigation found that her clinic was supplying narcotics to patients using the credentials of doctors and physician assistants who no longer worked at the clinic without their knowledge.

You can report suspected cases of insurance fraud to TDI-DWC by calling the Consumer Help Line at 1-800-252-3439 or by visiting�www.tdi.texas.gov/fraud/report.html.�blog picture of a green button with a phone receiver icon and 24h underneath

 

For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .

Additional Topics: Neck Pain and Auto Injury

During an automobile accident, the body is exposed to a sheer force from the impact which causes the head and neck to abruptly jerk back-and-forth in relation to the rest of the body, which remains stationary in the car seat. Due to this motion, it’s common for the neck to suffer from whiplash, a painful injury which leads to neck pain as well as other symptoms.

 

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Law Could Bring Remote Doctor Visits to Schools

Law Could Bring Remote Doctor Visits to Schools

Related Articles

Remote doctor appointments could be coming soon to the school nurse’s office.

Starting Sept. 1, a new law will allow physicians to get paid for seeing children over a sophisticated form of video chat, as long as the student is at school and enrolled in the state’s Medicaid program for the poor and disabled. The law’s supporters say it could lead more schools around the state to set up nurse’s offices equipped to handle remote doctor visits — and save parents time and money.

They say adults shouldn’t have to take time off work and kids shouldn’t have to miss school to get routine health care, like when a child has an ear infection or skin rash, because modern technology allows a remote doctor to get high-quality, instantaneous information about patients. An electronic stethoscope allows the doctor to hear a child’s heartbeat, for example, and a digital otoscope offers a look into the child’s ear — all under the physical supervision of a school nurse.

Then, if the doctor makes a diagnosis, parents can pick up their child’s prescription from the pharmacy on their way home from work, said state Rep. Jodie Laubenberg, a Republican of Parker and the bill’s author.

“You want to talk about access? You want to talk about affordability? This is their access,” Laubenberg said. “We can treat the child, have him ready to go, and we can leave him here.”

“You don’t have to take off work,” she said. “He doesn’t have to leave school. It’s less disruptive.”

Texas is not the first state to pay doctors for school-based telemedicine for Medicaid patients. Georgia and New Mexico have similar laws on the books, according to the American Telemedicine Association.

Laubenberg said she wrote the bill to support programs like one put on with Children’s Health hospital system in North Texas. There, children from 27 grade schools in the Dallas-Fort Worth region have electronic access to three health care providers — one doctor and two nurse practitioners — while school nurses sit in on the visits. A spokesman for Children’s said the program will soon expand to 30 more schools.

In that program, school nurses — health care workers who don’t necessarily hold a nursing degree — can examine children, and, if they have an apparent health problem, send their information to Children’s to schedule an appointment. The program is currently funded by a five-year pot of mostly federal money.

Children’s says the new law will allow its program to remain financially viable when that funding source goes away, and allow similar programs to take hold across the state.

“Children’s Health in our programming is not going to be the [primary care provider] for every kid that walks through the door, so in order to sustain the program, we needed to be able to bill for that service,” said Julie Hall Barrow, senior director of healthcare innovation and telemedicine for the hospital system.

Other programs may follow suit. Texas Tech University’s medical school has partnered with the school district in Hart to run a school-based telemedicine clinic for more than a decade. That, supporters say, has expanded access to health care in the rural community north of Lubbock.

“Ninety percent of what you would see in a general pediatric clinic, we can handle it by telemedicine,” said Richard Lampe, chairman of the Department of Pediatrics at the Texas Tech University Health Science Center. He said that included sports injuries, strep throat — and among middle and high school students especially, mental illnesses like anxiety and depression.

But there are still questions under the new law about how schools will decide which students are eligible to have virtual doctor visits. The state will only pay doctors for seeing kids if they’re enrolled in the Medicaid program.

“I think the question goes to, what happens if the kid gets sick and they don’t have Medicaid?” said Quianta Moore, a researcher at Rice University’s Baker Institute for Public Policy, who has written about school-based telemedicine.

That could raise questions about equity and access, Moore said, because doing “health intervention in school is actually very effective.”

Critics said expanding remote doctor visits into schools could lead to more doctors practicing medicine inappropriately on children.

“You’ll end up sometimes with a doctor that’s not adequately informed as to the patient’s history or allergies,” said Lee Spiller, the policy director for the Texas branch of the Citizens Commission on Human Rights, a nonprofit mental health watchdog. “How can you expect a kid to really be aware of risks, their allergies, medical history?”

Spiller also said he worried parents who signed blanket consent forms at the beginning of the school year would not fully understand what they were signing their children up for.

In Dallas, at Uplift Peak Preparatory, health office aide Ruby Jones said some parents chose not to sign consent forms, but if their children got sick and came to visit her, she would try to talk to them about the “amazing tool” of telemedicine.

Said Jones: “There’s nothing more rewarding when … you see a scholar walking down the hall and they say, ‘Thanks, Ms. Jones. I feel better.’”

Throughout August, The Texas Tribune will feature 31 ways Texans’ lives will change because of new laws that take effect Sept. 1. Check out our story calendar for more.

Authors: , and – The Texas Tribune

The Texas Tribune is a nonpartisan, nonprofit media organization that informs Texans — and engages with them – about public policy, pol itics, government and statewide issues.

Texas Has the Lowest Workers’ Comp Rates

Texas Has the Lowest Workers’ Comp Rates

Texas has some of the nation�s most affordable workers� compensation coverage, according to a 2016 study, which found that the Lone Star State had the 10th lowest rates among all states.

The study by the Oregon Department of Consumer and Business Services ranks all 50 states and Washington, D.C., based on premium rates that were in effect January 1, 2016. Texas, with premiums at $1.45 per $100 of payroll, ranked No. 10, four spots higher than the previous study in 2014.

�It�s great to see evidence of the progress we�ve made in affordability,� said Texas Commissioner of Workers� Compensation Ryan Brannan. �Lower injury rates, better return-to-work outcomes for injured employees, and reduced medical costs per claim are a big factor, but the results of the Oregon study are also proof that we�re becoming more efficient, proactive, and transparent.�

Texas Workers’ Compensation Rates

Texas� workers� compensation premium rates are about 21 percent lower than the median for all states, according to the study. California has the most expensive rates in the nation, at $3.24 per $100 of payroll. Rates in Texas are also favorable compared with other high-population states, such as Florida, Illinois, and New York. North Dakota had the least expensive rates, at 89 cents per $100 of payroll.

wc rate comparison

�The Texas workers� compensation system has been a model for other states in many ways,� Brannan said. �And we�re going to keep improving. We�re working on several efforts to keep our costs low. We�re cutting data storage costs by digitizing records, reducing prescription drug costs with a closed formulary, and eliminating waste and fraud with a new in-house fraud unit. We�ve also launched a statewide effort to streamline the dispute resolution process.��blog picture of a green button with a phone receiver icon and 24h underneath

 

For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .

Additional Topics: Preventing Work Disability with Chiropractic

After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.

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Workers’ Compensation: Better Access to Health Care for Workers

Workers’ Compensation: Better Access to Health Care for Workers

Injured workers in Texas have better access to physicians who can treat them more quickly than they did 15 years ago, according to a September 2016 study by the Texas Department of Insurance�s Research and Evaluation Group (REG). The study found 84 percent of injured workers received initial care in seven days or less in 2015, compared to 76 percent in 2000.

�That�s significant because improved timeliness means workers have a much better chance of getting back to work, and the cost for their care will be much lower,� said Workers� Compensation Commissioner Ryan Brannan.

Effective Workers’ Compensation System

The study measures the effectiveness of the workers� compensation system to deliver timely and appropriate medical care to injured employees. It found that injured workers who aren�t treated within seven days have an average of about 40 percent more in medical costs over the first six months of an injury. In 2015, about half of injured workers saw a physician in one day or less. The average wait was 4.5 days.

�In terms of timeliness, when REG�s results are compared to the NCCI study of 35 states, Texas appears to be among the faster states.� Brannan said. �We have ongoing recruiting efforts to increase physician participation, and any issues with physician access are primarily due to a low number of physicians practicing in specific areas, not a low rate of physicians treating workers� compensation patients in Texas.�

The number of physicians in Texas who treated injured workers increased 6 percent from 2000 to 2015. During that same period, there was an 11 percent drop in the number of workers� compensation claims filed.

The decrease in claims also means injured workers in most of the state have options when searching for a physician.
In 2000, each physician who participated in workers� compensation treated an average of 21 patients. By 2015, that figure had dropped to 15, a decrease of 26 percent.

Read the study: Access to Medical Care in the Texas Workers� Compensation System, 2000�2015blog picture of a green button with a phone receiver icon and 24h underneath

 

For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .

Additional Topics: Preventing Work Disability with Chiropractic

After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.

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TRENDING TOPIC: EXTRA EXTRA: New PUSH 24/7�? Fitness Center

 

 

Program Focuses on Solving Workers� Comp Issues

Program Focuses on Solving Workers� Comp Issues

After a successful pilot project, the Texas Division of Workers� Compensation rolled out a statewide program in October 2016 that has helped speed up the resolution of some disputes.

The program splits up related claim issues so that a hearing officer can decide the most far-reaching issue first. This can clear the way for secondary issues to be resolved sooner. In the pilot program, the approach helped speed resolution of many workers� compensation disputes.

�We�re always looking for ways to stay on the cutting edge of workers� compensation, and this process is a great example of finding a way to improve efficiency in the system,� said Workers� Compensation Commissioner Ryan Brannan. �From what we�ve seen in the pilot project and in the statewide roll-out, the two-step approach to deciding some of the most complex issues in a dispute is a good option for system participants in many cases.�

Two-Step Program Introduced for Workers’ Comp

When an injured employee has a dispute about a claim, it often involves three issues: extent of the injury, the date that the employee reached maximum medical improvement and the impairment rating for the injury.

According to Deputy Commissioner for Hearings Kerry Sullivan, even though extent of injury is a �threshold issue� that can affect the other issues, it�s often addressed at the same time as the other issues in the dispute process.

�It can be challenging to come into a hearing and know there are so many alternatives for the hearing officer to address,� Sullivan said.

Parties in a dispute may base their arguments about impairment ratings and dates of maximum medical improvement on what they think the extent of injury should be. If the hearing officer decides a different extent of injury, then parties will often have to request more time to adjust those recommendations.

The new two-step program is voluntary, and the existing system is still used in many cases. The option to participate is presented by the presiding officer at the initial benefit review conference for cases that may benefit from the approach. The two-step approach is used only if both parties agree to it.

�The presiding officer usually knows going into the dispute whether a decision on extent of injury will move things along,� Sullivan said. �Deciding the extent of injury issue first can lead to a better outcome, a more efficient hearing, and more agreements. We�re pleased it�s been working out so well.�

The two-step program started at DWC�s Weslaco office in May 2015 and soon was expanded to Dallas. It�s now available at all 20 offices statewide.

For more information, call (512) 804-4010.�blog picture of a green button with a phone receiver icon and 24h underneath

Further information on the subject matter, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .

Additional Topics: Preventing Work Disability with Chiropractic

After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.

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TRENDING TOPIC: EXTRA EXTRA: New PUSH 24/7�? Fitness Center

 

 

Steps for Resolving Workers’ Compensation Disputes

Steps for Resolving Workers’ Compensation Disputes

The Texas Division of Workers� Compensation is taking a promising pilot program statewide to help simplify and speed resolution of some disputes.

A pilot started last year splits up related claim issues so that a hearing officer can decide the most far-reaching issue first. This can clear the way for secondary issues to be resolved sooner. So far, about half of the disputes accepted for the program have had a hearing, and a third of those have resulted in full agreement to resolve the dispute.

Workers� Compensation Commissioner Ryan Brannan said he is encouraged by the outcomes.

�The division has a number of tools in its toolkit to manage claims disputes,� Brannan said. �The two-step approach to deciding some of the most complex issues in a dispute can be a good option for system participants in certain cases.�

Solving Common Disputes for Workers

When an injured employee has a dispute about a claim, it often involves three issues: extent of the injury, the date that the employee reached maximum medical improvement, and the impairment rating for the injury. Deputy Commissioner for Hearings Kerry Sullivan said even though extent of injury is a �threshold issue� that can affect the other issues, it was addressed at the same time as the other issues in the dispute process.

�It can be very challenging to come into a hearing and know there are so many alternatives for the hearing officer to address,� he said.

Parties in a dispute may base their recommendations for impairment ratings and dates of maximum medical improvement on what they think the extent of injury should be. If the hearing officer decides a different extent of injury, parties often request more time to adjust those recommendations.

The program is voluntary. The option to participate is presented by the presiding officer at the initial benefit review conference for cases that may benefit from the approach. The two-step approach is used only if both parties agree to it.

�The presiding officer usually knows going into the dispute whether a decision on extent of injury will move things along,� Sullivan said. �Deciding the extent of injury issue first can lead to a better outcome, a more efficient hearing, and more agreements.�

Dallas-Fort Worth area attorney Daniel Morris, of the Morris Law Firm, said several of his clients who are injured employees have opted to have their disputes handled under the two-step approach. He said there is a benefit to examining issues separately.

�When you�ve got four or five different combinations of possibilities for the extent of a worker�s injuries, it allows everybody to weigh their options before getting to the other issues,� Morris said.

Jeremy Lunn, who represents insurance carriers for the Silvera Law Firm in Dallas, said he agreed that some proceedings are slowed as attorneys try to guess what a hearing officer will decide on the extent of injury issue.

�This is a good thing that the division is trying to deal with delays in certain cases,� Lunn said. �DWC management really has been reaching out to attorneys and asking us to help it work.�

The two-step program started at the division�s Weslaco office in May 2015 and soon was expanded to Dallas. It�s now available at all 20 offices statewide.�blog picture of a green button with a phone receiver icon and 24h underneath

For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .

Additional Topics: Preventing Work Disability with Chiropractic

After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.

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TRENDING TOPIC: EXTRA EXTRA: New PUSH 24/7�? Fitness Center

 

 

Workers’ Compensation: Hosting an Annual Texas Safety Summit

Workers’ Compensation: Hosting an Annual Texas Safety Summit

Texas employers are invited to join the Division of Workers� Compensation in Austin for the Texas Safety Summit on May 9-11. The 21st annual workplace safety and health conference offers important information for everyone who plays a role in safeguarding employees, from the beginner to the seasoned safety professional.

Employers will hear from top safety experts about some of the most critical safety and health issues facing Texas businesses. Attendees will learn practical tools and techniques to use in their workplaces to better protect their employees.

�The Safety Summit is a proactive way for us to help Texas businesses,� says Commissioner of Workers� Compensation, Ryan Brannan. �Not only does it help foster a positive safety culture for your company and its employees, it ultimately helps reduce costs associated with on-the-job injuries and illnesses.�

What to Expect

  • Presentations from experts at the National Safety Council, the Occupational Safety and Health Administration (OSHA), and many more.
  • Interactive exhibits on transportation safety.
  • Great networking opportunities with safety professionals from across the state.

Early-bird registration is $375 through April 17, 2017. The cost is $400 after that date.

To view the schedule, visit www.tdi.texas.gov/wc/safety/summithome.html.blog picture of a green button with a phone receiver icon and 24h underneath

For more information, please feel free to ask Dr. Jimenez or contact us at 915-850-0900 .

Additional Topics: Preventing Work Disability with Chiropractic

After being involved in an unfortunate accident at work, injuries and aggravated conditions resulting from the incident can often lead to a variety of painful symptoms and complications, if left untreated, along with missed days at work and lost wages. A new research study showed that workers who received regular chiropractic care experienced less work-related injuries.

blog picture of cartoon paperboy big news

 

TRENDING TOPIC: EXTRA EXTRA: New PUSH 24/7�? Fitness Center