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The Hollern practices bill for services provided to employees and their families (spouses and children). They wave the deductibles and co-pays and accept the amount paid by the carriers.

Complaint # 9
Against Hollern
KRS 312.018
No person shall engage or attempt to engage in the practice of chiropractic or hold himself out to be a doctor of chiropractic in Kentucky unless licensed in accordance with the provisions of this chapter.

Hollern has been operating an unregistered chiropractic business school in Kentucky for several years. He brings chiropractors to Kentucky for 6-8 month periods of time to train in the Hollern system of practice. These doctors work in the Hollern offices and go to school at the corporate office. Some of them obtain a Kentucky or Indiana license but most do not. For those without a license they perform every service for patients except give adjustments. They hold themselves out to be doctors of chiropractic and solicit patients. However, the arrangement does not seem to fit the definition of an intern or preceptor as described by Kentucky law. These doctors are placed in this position by Hollern and are told the arrangement is perfectly legal.

On November 14, 2003 Hollern's attorney Charlie Meers called me while I was waiting at the Louisville airport to fly to Iowa to speak for the Iowa Chiropractic Society's convention. He was in a panic because of information he had discovered while researching a corporate name change for Hollern. Hollern was entertaining adding the word “school” or “college” to the corporate name. I had told him that the state regulated the use of the word “clinic” for doctors and that he may want to check state law to see if the use of the words “school” and “college” were regulated. Meers checked and they were. Hollern's program fit the definition of a school by state law. But what upset Meers, was the fact that the law said that any school entering into a contract for tuition could not collect the tuition if the contract was entered into prior to the school being officially registered with the state. This ment the all of Hollern's contracts may be invalid. Meers said his malpractice insurance would not cover the 43 million dollars worth of contracts that Hollern held. If this got out to the doctors from the Hollern program they could get out of paying him. Hollern later said that it was no big deal and that his contracts were asset purchase agreements and not contracts for tuition. But of course Hollern always wants to have his cake and eat it too.

A group of four former students (August 2003 graduates) one of which is Adam Hoogestraat are perusing legal action against Hollern to get out of their contracts.

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Editor's Note: Those doctors who would like more information about this complaint may contact Dr. Miller through ChiroWeb at DrMiller@DCMedia.com.

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