ACA Efforts Result in Federal Agency's Clarification of

PPACA Language on Access to Non-MD/DO Providers

Media Contacts:
Nicole Racadag: (703) 812-0211 | nracadag@acatoday.org
Annette Bernat: (703) 812-0226 | abernat@acatoday.org
FOR IMMEDIATE RELEASE: June 03, 2015
New FAQs replace previous document containing objectionable language inconsistent with the
statute and congressional intent

Arlington, Va. -At the urging of the American Chiropractic Association (ACA), the Centers for
Medicare & Medicaid Services (CMS) has clarified a section of the Patient Protection and Affordable
Care Act (PPACA) that led some states to improperly limit patient access to chiropractic physicians
and other qualified non-MD/DO health care providers.
On May 26, CMS withdrew and replaced a Frequently Asked Questions (FAQs) document on Section
2706(a) of the 2010 Patient Protection and Affordable Care Act (PPACA) with one containing a more
realistic approach to the issue of provider non-discrimination. The new FAQsestablish a more
reasonable standard for Section 2706(a) enforcement and are more in line with ACA's understanding
of the issue.
"This clarification signifies a remarkable achievement for ACA and its health care association
partners in ensuring that all patients have free and fair access to the providers of their choice," said
ACA President Anthony Hamm, DC, noting that the previous FAQs had served as a "severe
impediment to quality patient care and genuine reform in the nation's health care system."
Proper implementation of the law had been hampered in part by flawed information distributed in
2013 by the HHS Center for Consumer Information and Insurance Oversight (CCIIO), which led
some states to limit patient access to qualified health care providers, including chiropractic
physicians, based solely on the providers' licenses -- in direct contradiction to the intent of Congress.
The new FAQs were issued in response to the Dec. 11, 2014 explanatory statement issued by the
U.S. House of Representatives Committee on Appropriations, directing CMS to "provide a corrected
FAQ or provide an explanation." The new FAQs take a position very close to the approach originally
advocated by ACA and other provider groups. The agencies now state that they "will not take any
enforcement action" with respect to 2706(a) "as long as the plan or issuer is using a good faith,
reasonable interpretation of the statutory provision..."

"We would suggest that this new language strengthens the point that singling out chiropractic care
for special discriminatory treatment is a clear violation of Section 2706(a). The new FAQs reflect
ACA's impact on this issue, as we were instrumental in all points that the new document
referenced," added Dr. Hamm.

A key dimension to Section 2706(a) is patient access to covered services from licensed doctors of
chiropractic (DCs), and other non-MD/DO providers. ACA works on an ongoing basis with states and
other stakeholders to ensure the proper enforcement and aggressive implementation of that section
of the health reform law aimed at curbing discriminatory abuses against the chiropractic profession
and other health care disciplines.
The FAQs were prepared jointly by the U.S. Departments of Labor (DOL), Health and Human
Services (HHS), and the Treasury. Like previously issued FAQs, these answer questions from
stakeholders to help people understand the PPACA and benefit from it, as intended.
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TheAmerican Chiropractic Associationbased in Arlington, Va., is the largest professional association
in the United States representing doctors of chiropractic. ACA promotes the highest standards of
ethics and patient care, contributing to the health and well-being of millions of chiropractic
patients.Visit us at www.acatoday.org.

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