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State Farm v Cavoto: Restricting DCs' Delegation
On July 7, 2017, in the case of State Farm Mutual Automobile Insurance Company et al. v Robert J. Cavoto, Jr., et al., a Delaware County Common Pleas Judge rendered a decision that chiropractors may not delegate massage, manual therapy, and therapeutic exercises to unlicensed support personnel/staff. The decision disregards the plain language of the Chiropractic Practice Act, the position of the State Board of Chiropractic, as well as other state agencies and years of Pennsylvania case law. This decision affects ALL chiropractors, including those who do not bill insurance, because this is an interpretation of the Chiropractic Practice Act. Chiropractors who delegate these procedures to unlicensed individuals could face disciplinary action by the State Board of Chiropractic that could result in license suspension or revocation. For chiropractors who bill insurance, improper delegation may cause certain insurance payers to use the decision as justification for claim denials and to seek recoupment of previously paid claims – and perhaps even to bring fraud actions against other Pennsylvania Chiropractors. (see attached)
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