Q: IS IT EVER APPROPRIATE TO
WAIVE A PATIENT'S COPAYMENT
OR DEDUCTIBLE?
A: PROVIDERS should not reduce the cost of care to a patient by waiving or forgiving a copayment, cost-share or deductible. To do so is a violation of the Anti-Kickback Statute and is considered fraud and abuse, which can result in fines and other legal action.
The Anti-Kickback Statute provides criminal penalties for
individuals or entities that knowingly and willingly offer, pay, solicit, or receive remuneration in order to induce or reward the referral of
business reimbursable under Federal health care programs as defined in section 1128B(f) of the statute.
The offense is classified as a felony and is punishable by fines of up to $25,000 and imprisonment for up to five years. Violations may also result in program exclusions under section l 128(b )(7) of the
Act( 42U.S.C. l 320a-7(b )(7)), and liability under the False Claims Act (31 U.S.C.3729-33).
For more information on prompt payment discounts and the federal antikickback statute and Civil Monetary Penalties Law, see Office of Inspector General (OIG) Advisory Opinion No. 08-03 (
http://oig.hhs.gov/fraud/docs/advisoryopinions/2008/AdvOpn08-03A.pdf).
Colleen Sifuentes
COO Consults