Can a physician charge patients for using a credit card?

Per Texas Business and Commerce Code, Sec. 604A.0021, you may not impose a surcharge on buyers (patients) who pay with a credit card.

IMPOSITION OF SURCHARGE FOR USE OF CREDIT CARD.  (a)  In a sale of goods or services, a seller may not impose a surcharge on a buyer who uses a credit card for an extension of credit instead of cash, a check, or a similar means of payment.*

Credit card processing fees should be considered part of the practice's overhead expenses. Please refer to the attached TMA article for information on negotiating with merchant services vendors.

*There is information online indicating that a court decision found this statute unconstitutional. However, the court decision referred to its specific facts and might not be followed by other judges or under different circumstances. Physicians should seek advice of retained legal counsel in evaluating whether to charge a credit card processing fee.

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