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INSURER SUES CHIROPRACTOR FOR $8 MILLION.


Byline: Lee Condon Daily News Staff Writer

An automobile insurer on Thursday filed a civil lawsuit lawsuit: see procedure; tort.  against a Glendale chiropractor chiropractor

a practitioner in chiropractic.

chiropractor A health professional trained in chiropractic; chiropractors do not perform surgery or prescribe drugs; of 50,000 licensed chiropractors in the US, many practice 'straight' chiropractic, ie
 and his medical clinics for $8 million in damages, alleging he overbilled the company in a scheme known as ``upcoding.''

Woodland Hills-based 20th Century Industries sued David Neff and his two Glendale-based medical clinics, the Jackson Chiropractic chiropractic (kīrəprăk`tĭk) [Gr.,=doing by hand], medical practice based on the theory that all disease results from a disruption of the functions of the nerves.  Clinic and the Harvard Chiropractic Clinic, in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  County Superior Court in Glendale.

Neff could not be reached for comment Thursday.

In the complaint, 20th Century alleges that Neff overbilled patients for procedures covered by the company. Ric Hill, a spokesman for 20th Century, said Neff and his clinics claimed they had performed more expensive treatments on patients than were actually administered. In some cases, claims were made even though no treatment had been provided, Hill said.

``You use a medical code that represents a higher level of payment than the treatment you are actually giving,'' Hill said, explaining the process of upcoding.

Hill said he is not certain how much Neff and the clinics were accused of overbilling. However, he said under state law the company is able to sue for damages of $10,000 per claim plus three times the value of any fraudulent The description of a willful act commenced with the Specific Intent to deceive or cheat, in order to cause some financial detriment to another and to engender personal financial gain.  claims.

Hill said information from the company's investigation was turned over to the Los Angeles County District Attorney, the California Attorney General The California Attorney General is the State Attorney General of the government of the state of California in the USA. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (California Constitution, Article V, Section 13.  and the California Department of Insurance The California Department of Insurance (CDI), established in 1868, is the angency charged with overseeing the regulation of insurance regulations, enforcing statutes mandating consumer protections, educating consumers, and fostering the stability of insurance markets in the state  Fraud Bureau. However, Hill said that so far none of those organizations have taken any action against Neff or the clinics.

Victoria Pipkin, a spokeswoman for the district attorney, said she was unable to determine whether the office is pursuing a case against the clinic.

Hill said 20th Century last year took action against people who submitted a total of $100 million in fraudulent claims.

``Ultimately, it all goes back into the rates we pay,'' Hill said.
COPYRIGHT 1999 Daily News
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Copyright 1999, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Daily News (Los Angeles, CA)
Date:Jan 8, 1999
Words:309
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