By Jeffrey Randolph, Esq., ANJC General Counsel
Q: Is it Within the New Jersey Chiropractic Scope of Practice to Treat a Patient’s Ears?
A: Yes, provided it is consistent with techniques taught in chiropractic college or accredited continuing education programs.
I actually defended a chiropractor in a jury trial where the patient claims he adjusted her ears resulting in cartilage fractures, hearing loss and tinnitus. The patient’s expert, a New Jersey chiropractor, claimed that it was outside the scope of practice and, therefore, a deviation from the standard of care to even touch the ears. We provided expert testimony to the jury by Steve Clarke, DC, who was integral in the 2010 amendments of the New Jersey chiropractic scope of practice statute that chiropractors can treat the ears and that techniques have been around since the 1930s for ear treatment.
The jury issued a 7-0 verdict in favor of the chiropractor.
Q: Are chiropractors required to charge sales tax on the sale of nutritional items and supplements in New Jersey?
A: The general answer is that no, you do not have to charge sales tax on nutritional supplements sold in a chiropractic office.
However, there are some exceptions to this general rule. For example, if what you are selling is deemed “candy,” it is taxable. Energy/granola bars may be deemed candy depending on their ingredients. In addition, beverages that are comprised of more than 50% fruit juice are not taxable while beverages with less than 50% fruit juice are taxable. Further, unsweetened bottled water is not taxable while sweetened water is taxable.
To ensure you are complying with the New Jersey sales tax laws, I recommend you reference the listings of taxable and tax-exempt items in the New Jersey Division of Revenue’s Sales Tax Guide, Publication S&U-4, available at:
www.state.nj.us/treasury/taxation/pdf/pubs/sales/su4.pdf
Q: I received a request to provide my treatment notes by an insurer prior to them paying my bills. Is this permissible?
A: Yes. Insurance carriers are permitted by the New Jersey Prompt Pay Law to request additional information concerning the claim in order to allow them to process the claim and determine if the claim is compensable or not.
If you do not provide the information requested and it is material to the claim, the prompt pay deadline for payment is tolled until you do so. If this was a PIP carrier making the request, they can, pursuant to PIP regulation, impose a 50% copay penalty on your claim if you do not provide the requested information. Thus, it is in your best interests to provide the information and have your claim properly processed.
If they do not pay the claim after the information is provided, you have a right to appeal the non-payment with the insurance carrier.
The author of Legal Ease and Legal Q&A (Jeffrey Randolph, Esq.) is an independent person of the ANJC and his views are not authorized, sponsored, or otherwise approved by the A.N.J.C. The information provided is for general guidance on matters of interest only and may not take into account particular facts relevant to your individual situation. The application and impact of laws and health care can vary widely based on the specific facts involved. Given the changing nature of laws, rules and regulations, there may be omissions or inaccuracies in information contained in these materials. Accordingly, the information you receive is provided with the understanding that the author and the A.N.J.C. are not herein engaged in rendering legal, accounting, tax, health care or other professional advice and services nor are they providing specific advice with regard to your practice, the treatment of any specific illness, disease, deformity or condition, or any other matter that affects trade, commerce, or legal rights of others. As such, this article should not be used as a substitute for consultation with professional accounting, tax, legal, health care, or other competent advisers. Before making any decision or taking any action, you should consult an appropriately trained professional.
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