Court overturns award of no fault benefits to chiropractor; Auto Club achieves reversal of summary disposition against it

When Jenifer Measel was hurt in a car wreck, she sought treatment at the chiropractor's office.  The chiropractor attempted to charge her insurer, AAA, for a new patient intake, ultrasound treatments and massage.  The Auto Club maintained that it didn't owe for the services because they were outside the license of practice of the providers.  Both parties pointed to the amendment recently adopted by Michigan's Legislature, intending to clarify those services which a chiropractor may provide.  The trial judge rejected AAA's defenses, finding the services "reasonable and necessary" and within the providers' license. He entered an order requiring payment.

The Auto Club appealed and the Court of Appeals reversed.  It held that while some of the services were within the Michigan definition of chiropractic, they were either performed by the wrong person or did not relate solely to the spine--and therefore were not chargeable. It pointed to a prior holding that performance of an ultrasound is not within the practice of chiropractic.