Can I waive copayments or deductibles for my Medicare patients?

The federal Department of Health and Human Services’ Office of Inspector General issued a Special Fraud Alert in 1994 that addresses the routine waiving of Medicare patient copays and deductibles. This fraud alert indicates that while routinely waiving those payments could be a violation of the False Claim Act and the anti-kickback statutes, physicians can forgive the copayment in consideration of a particular patient’s financial hardship.

Practices should have a charity care policy in place and available to all patients, not only Medicare patients.  Please find attached a sample Charity Care Policy, a Financial Hardship Form and a Disclosure Flyer which outlines the billing disclosure requirements which went into effect September 1, 2007.

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