Is it illegal to self pay when you have health insurance?

Asked by: Roxane Ruecker  |  Last update: August 21, 2025
Score: 4.6/5 (66 votes)

While it is not illegal to self-pay if you have insurance, we always encourage individuals to have the right health plans to ensure they are prepared for significant medical expenses. Still, we know that there are times when it does not make sense to file a claim with the insurance company.

Can I do self-pay if I have insurance?

It's not illegal to self-pay your medical bills, even if you have insurance, and sometimes it makes sense to do it. But if your insurance often doesn't cover what you need, or you never reach the deductible amount, it may be time to make a switch.

Why do I still have to pay even though I have insurance?

Health insurance doesn't pay for everything. It usually pays most of the bill, but you will still have to pay some. This is called cost-sharing. The amount that you pay depends on the kind of plan you have.

Is it illegal to pay cash if you have Medicaid?

Based on ASHA's review of Medicaid programs, most Medicaid agencies do not allow Medicaid-enrolled providers to accept cash pay from Medicaid beneficiaries.

Can I choose to pay out of pocket even if I have insurance?

In general, individuals are not required by law to use their health insurance and DO have the option to pay cash for medical services just like Mary ended up doing with her MRI. But it is also important to check with the contractual specifics that come with your purchased health coverage.

Why paying cash for medical bills could be better than using insurance

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Can doctors refuse self-pay patients?

Some medical providers may consider refusing to treat because of the patient's inability to pay for treatment. Generally, in non-emergency situations, this is allowed. A private internist, for example, might refuse to schedule a patient's appointment if that patient has unpaid medical bills.

Can I ask for cash instead of health insurance?

It is legal to offer employees cash in lieu of health plan benefits, but it has to be done appropriately through a cafeteria plan that includes a “cash-in-lieu” agreement. If they opt out for cash in the agreement, they will be taxed on those funds as if they were wages.

Can doctors make you pay upfront without insurance?

Doctors want to be sure that they will be compensated for the care they provide. Fourth lesson: It is not illegal to be asked to pay what you may owe in advance for a major medical event. But if you are asked to pay upfront, legally you don't have to.

How does self-pay work in healthcare?

One of the newer options is self-pay. “If you choose to “self-pay” for your medical services, you pay the provider directly without involving a health insurance company. The provider usually offers a discounted rate compared to what is billed to an insurance company.

Is it cheaper to have health insurance or pay out of pocket?

People without insurance pay, on average, twice as much for care. This means when you use a network provider you pay less for the same services than someone who doesn't have coverage – even before you meet your deductible.

How do people have huge medical bills with insurance?

These are just a few reasons why people with good health insurance can go into medical debt. Bad luck, denied claims, non-formulary prescriptions, huge cost discrepancies from one facility to another, chronic conditions, and the astronomical price of COBRA premiums when you get laid off can also contribute.

What happens if I can't pay my health insurance?

If you miss a monthly premium payment

Your health insurance company could end your coverage if you fall behind on your monthly premiums. A short period after your monthly health insurance payment is due to pay all owed premiums to avoid losing coverage.

What if I need surgery but can't afford my deductible?

In cases like this, we recommend contacting your insurance, surgeon, or hospital and asking if they can help you with a payment plan. Remember that your surgery provider wants to get paid so they may be very willing to work with you on a payment plan.

What happens if I go to the ER without insurance?

Despite the financial hurdles, uninsured emergency patients are provided with legal safeguards. The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law that requires anyone coming to an emergency department to be stabilized and treated, regardless of their insurance status or ability to pay.

Which state does not require health insurance?

New Jersey, California, Rhode Island, Massachusetts, and the District of Columbia require their residents to have health insurance coverage or face penalties. Vermont recommends that residents have coverage, but there's no noncompliance penalty.

Can I pay for health insurance myself?

You can buy health coverage through the individual Health Insurance Marketplace ®. You're not considered an employer only because you hire independent contractors to do some work.

Is it legal to self pay if you have health insurance?

Now that you know that it is legal to self-pay when you have insurance, here are a few situations where it may make sense to directly pay for the medical procedure or service without filing a claim with your provider.

What is the self rule in healthcare?

They have the right to be informed of their diagnosis and their prognosis, to be involved in their care planning and treatment, and to request or refuse treatment. They have the right to refuse or to discontinue any treatment even if doing so will cause injury or hasten death.

How to negotiate self pay medical bills?

1. Understand your medical bill.
  1. Request an itemized bill. Like a receipt, an itemized bill breaks down all the charges, including the cost of each procedure, medication, and service. ...
  2. Double-check your medical codes. ...
  3. Compare prices. ...
  4. Offer to pay upfront. ...
  5. Try a payment plan. ...
  6. Negotiate based on comparable rates.

Why did I get a medical bill if I have insurance?

With coinsurance, instead of paying a fixed amount each time you receive medical care, you may be required to pay a percentage of the total costs. For example, your insurance company may pay 80% of the cost, and you may be responsible for to pay for the remaining 20% of the bill.

Do all doctors accept self-pay?

Self-pay patients are becoming more and more common, but many have trouble finding a primary care provider because so few doctors accept self-pay patients. Here are some facts, tips, and tricks to help doctors who are interested in accepting self-pay patients.

How to charge self-pay patients?

The best rule for charging self pay patients is to explain Good Faith Estimates to them upfront. Now, what exactly are Good Faith Estimates, you may ask? Essentially, they are documents that healthcare providers give patients to outline the expected costs for a medical service ahead of time.

Is it better to pay cash or have health insurance?

If you're just sticking to routine care, paying cash could actually save you money—especially if your dentist offers discounts for self-pay patients. That said, insurance can be a lifesaver for pricier procedures like crowns or root canals. Even if it doesn't cover everything, it can take a big chunk out of your bill.

What is the patient election to self pay for services?

By signing the Election to Self Pay the patient is stating that they have chosen to opt-out of their insurance and by doing so, you will not be filing a claim with their insurance company and if the patient were to file a claim on their own, there is no guarantee it will apply towards their deductible since the patient ...