Is it illegal to write off copays?

Asked by: Prof. Linwood Jaskolski V  |  Last update: January 7, 2026
Score: 4.1/5 (46 votes)

To avoid potential criminal prosecution or False Claims Act liability, do not routinely waive or write off copays and deductibles. This type of conduct raises red flags and is likely to violate your payer contracts.

Is it legal to write off copays?

Routine Copay Waiver Violates The Law

It is not illegal to write off a patient's copay balance if the provider makes a good-faith attempt to collect. However, when a provider has a policy of not attempting to collect copays that becomes illegal.

Can you write off medical copays?

The IRS allows all taxpayers to deduct their qualified unreimbursed medical care expenses that exceed 7.5% of their adjusted gross income. You must itemize your deductions on IRS Schedule A in order to deduct your medical expenses instead of taking the Standard Deduction.

Is waiving copays illegal?

It is a felony to routinely waive co-pays, coinsurance, and deductibles for patients. Waiving the collection of this portion is illegal and considered health insurance fraud because your office is claiming the wrong charge for services when insurance claims are created.

Can you discount a patient's deductible?

A provider who routinely discounts or waives a patient's copayment or deductible (collectively referred to as copayment) obligations, for example, can run afoul of the federal antikickback statute, 42 U.S.C. § 1320a-7b, or be accused of false billing by private insurance carriers not receiving the discount.

What Are Deductibles, Coinsurance, and Copays?

17 related questions found

Is it illegal to waive a deductible?

Providers sometimes waive patients' cost-sharing amounts (e.g., copays or deductibles) as an accommodation to the patient, professional courtesy, employee benefit, and/or a marketing ploy; however, doing so may violate fraud and abuse laws and/or payor contracts.

Can doctors bill your copay?

Providers typically collect copayments at the time of service. For example, upon checking in at a doctor's office, you may be asked to pay the copay before seeing the doctor. Alternatively, some doctor's offices may bill you for the copay after the visit.

Are copays negotiable?

A copay is an out-of-pocket payment, and it is final. A copay cannot be reimbursed, nor can it be negotiated, because it is governed by a strict contract between providers and insurers. However, in some cases in which a patient is unable to pay the fee, a provider may waive a copay.

What is an example of a Stark law violation?

What Are Stark Law Violation Examples? To give an example, let's say a physician invests in a freestanding lab diagnostics center and refers their patients, with Medicare, to that lab center for bloodwork. Whether or not they intended to benefit from the referrals, the physician would appear to violate the law.

Can doctors give discounts to patients?

Generally speaking, there is no prohibition against a physician discounting a fee for a self-paying patient (that is, a patient who pays out-of-pocket and is not covered by a health plan, including Medicare or Medicaid). However, there are some considerations to keep in mind when using any discount program.

What is the IRS rule for deducting medical expenses?

Medical Expense Deduction

On Form 1040, medical and dental expenses are deducted on Schedule A, Itemized Deductions. You can deduct only the amount of your medical and dental expenses that is more than 7.5 percent of your adjusted gross income shown on Form 1040, line 38.

Why do copays not count towards deductible?

Key takeaways

A deductible is the set amount of money you pay out of pocket for covered services per plan year before your insurance starts to share costs. A copay is also a set amount of money, but it's a fixed fee attached to certain covered services. Copays don't always count towards your deductible.

Is car insurance tax deductible?

If you only use your car for personal use, then you likely can't deduct your car insurance premiums from your taxable income. Generally, you need to use your vehicle for business-related reasons (other than as an employee) to deduct part of your car insurance premiums as a business expense.

Can I deduct medical copays?

If you're itemizing deductions, the IRS generally allows you a medical expenses deduction if you have unreimbursed expenses that are more than 7.5% of your Adjusted Gross Income. You can deduct the cost of care from several types of practitioners at various stages of care.

Can pharmacies waive copays?

To waive your copay: Pharmacies are not allowed to routinely waive their copays for people without Extra Help, but your pharmacist can waive copays on a case-by-case basis. Tell your pharmacist you cannot afford the copay, and request that it be waived.

Can a physician write off a patient balance?

There is no rule of thumb for writing off balances; it is per the practice's discretion. Many practices make the determination based on the patient's ability to pay. A more practical solution may be to set a policy for indigent charity write-offs.

Can you go to jail for Stark Law?

Anti-Kickback Statute and Related Laws

A violation of the anti-kickback statute could result in fines of up to $25,000, imprisonment of up to five years, or both. In addition, a violation could result in exclusion from the Medicare program.

What is the Stark Law loophole?

But the Stark Law's “whole hospital” exception permitted physicians to refer patients to those hospitals where they had an ownership interest in the entire facility rather than just in a subdivision, such as imaging or surgery.

What 5 elements must exist for a Stark Law violation to occur?

In order for a relationship to implicate Stark, five basic elements must be present: (1) a physician must make (2) a referral for the furnishing of (3) designated health services payable by Medicare (4) to an entity (5) with which he/she (or an immediate family member) has a financial relationship.

Can doctors write off copays?

1. Never Routinely Write Off Copays or Deductibles. To avoid potential criminal prosecution or False Claims Act liability, do not routinely waive or write off copays and deductibles. This type of conduct raises red flags and is likely to violate your payer contracts.

Why is my Er bill so high?

Is this based on severity? Hospitals will bill you for a line item called “ER Visit Level” that is based on the complexity of your treatment. ER visit levels range from 1-5: ER visit level 1 is the most mild, while ER visit level 5 is the most severe.

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 is the No Surprises Act?

The No Surprises Act protects consumers who get coverage through their employer (including a federal, state, or local government), through the Health Insurance Marketplace® or directly through an individual health plan, beginning January 2022, these rules will: Ban surprise billing for emergency services.

How to fight outrageous medical bills?

How to Fight Medical Bill Overcharges
  1. Request an itemized bill and dispute inaccuracies: ...
  2. Ask to see the contract: ...
  3. Research the actual price posted by the hospital: ...
  4. Research other prices and use them to negotiate: ...
  5. Address out-of-network services and refuse to pay for inappropriate care: ...
  6. Call your insurance company:

Why do copays exist?

Insurance companies use copayments to share health care costs to prevent moral hazard. It may be a small portion of the actual cost of the medical service but is meant to deter people from seeking medical care that may not be necessary, e.g., an infection by the common cold.