b'CODING Update ComplianceLEGAL NUTRITIONCouncilANJC Leadership LEGAL EASE NUTRITION By Jeffrey RandolphANJC Legal Counsel Delegation ofmassage, bodywork and somaticof chiropractic medicine in New Jersey therapist as currently established by theexpressly permit the delegation ofREHAB Council Massage Therapy law. See, Senate Commerce Committeemassage therapy modalities by a doctor Statement to S. 2536 (12/2/07). It furtherof chiropractic to an LMT. This does not, to Licensed provides: The substitute (bill) alsohowever, automatically equate to such abolishes the Massage, Bodywork, andservices being reimbursable under every Massage Somatic Therapy Therapists byExaminingLEGAL Q&A CHIROASSISTCommittee Executive Directors Update under the NJ Doctors ofBoard of Nursing in the Dept. of Chiropractic in Law and Public New JerseySafety. Instead, the substitute New Jersey chiropractic regulations(bill) establishesLegislative Updatewithin the INSURANCE Update INSURANCE Update Division of define what treatment modalities chiropractic physicians are permitted toConsumer Affairs delegate to other healthcare providers.in the Dept. ofTECHNIQUE CouncilOne of those treatment modalities thatLaw and Public comes into question often is massageSafety the New therapy which is reported under CPTJersey Board 97124 pursuant to the AMA CPT Manual. of Massage and Bodywork MedicareQ&AMedicare Update insurance plan. Practitioners should Chiropractic physicians have facedTherapy, which board is to be respon-post-payment audits wherein insurancesible for the licensure of massage andverify benefits with their patients carrierOUR HEALTHcarriers have taken the position that it isbodywork therapists. See, Senateto ensure massage therapy is a covered contrary to New Jersey law to delegateCommerce Committee Statement service even when it is delegated to an massage therapy to a Licensed Massageto S. 2536 (12/2/07). LMT. An encounter number and person Therapist (LMT). While specific healthfrom the insurance carrier who provided insurance policies may not define suchSubsequently, on January 20, 2010,this information should be documented delegated modality as a coveredthe New Jersey Chiropractic Scopein the patient file. The doctor prescribing service, and, therefore reimbursableof Practice Statute was significantlythe massage therapy should establish a under their plan, it is not illegal in Newupdated and amended to codify thatsoft tissue clinical diagnosis amenable Jersey for a doctor of chiropractic tochiropractors licensed in New Jerseyto massage and document it in the delegate massage to an LMT. could order and administer physicalpatient file. The LMT should create a In January 2008, Gov. John Corzinemodalities and treat the soft tissuedaily treatment note and sign the note signed into law Senate Bill S. 2536 whichof the body independent of a spinalwith their name and license number. created a separate and distinct Newadjustment. See, N.J.S.A.45:9-14.5When billing for these services, the LMTs Jersey Board of Massage and Bodywork(2010). The New Jersey Board ofNational Provider Identification Number Therapy and established standards forChiropractic Examiners promulgated regulations under the scope statute(NPI) should be placed in Box 24(j) of licensure (not certification) of massagethat expressly permits delegation ofthe HCFA-1500 claim form next to the therapists. See, N.J.S.A. 45:11-53massage physical modalities to massagereporting of CPT 97124. (2008). As part of the legislative processtherapists licensed under the Board of in enacting this licensure statute, theMassage and Bodywork Therapies. Provided that all of these steps are senate record provides: The substituteSee, N.J.A.C. 13:44E-2.7 (2010).taken, there is no reason under New (bill) provides for the use of the titleJersey law that a doctor of chiropractic licensed massage and bodyworkIt is, therefore, clear that the statutescannot delegate and bill for massage therapist instead of the title certifiedand regulations governing the practicetherapy services performed by an LMT.6 I Fall 2019 www.anjc.info'