Is the practice of routinely waiving deductibles or copayments violate rules?

Asked by: Jana McGlynn  |  Last update: July 25, 2025
Score: 4.5/5 (4 votes)

Why Is Routine Copay Waiver Illegal? Routine waiver of deductibles and co-pays violates the law for two reasons. First, it violates the Anti-Kickback Statute. Second, it causes Medicare to pay more than it should in violation of the False Claims Act.

Is it legal to waive deductibles and copays?

Waiving copays and deductibles removes the disincentive for utilization, thereby potentially increasing payor costs. Accordingly, federal and state laws as well as payor contracts generally prohibit waiving cost-sharing absent genuine financial hardship.

What does the practice of routinely waiving deductibles or copayments violate?

In cases involving the Department of Justice, the powers that be have stated very clearly that the practice of routinely waiving deductibles and copays can be a violation of the Federal Anti-Kickback Statute.

Is it illegal to waive a deductible?

Deductibles. It is illegal for a contractor to pay, waive, or discount your insurance deductible. It is insurance fraud if homeowners don't pay their deductible. Some contractors offer waived or discounted deductibles as a selling point to their customers.

Is it permissible to routinely waive co-payments from patients as a customer service courtesy?

Conclusion. So, providers can, under certain circumstances waive or discount patient co-payments. But remember, from a legal standpoint, routinely offering discounts to patients is a risky venture. It can implicate various state and federal laws, and can attract the scrutiny of government investigators.

Client Copay Issues & Guidelines

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What to do if a patient asks you to waive the deductible?

The only legitimate reason to waive co-pays and deductibles is the patient's genuine financial hardship. Documentation in patients' own handwriting must include income; assets; expenses, including the local cost of living; family size; and the extent of their medical bills.

Is permissible to routinely waive copayments at CVS Health?

Final answer: It is False that CVS Health can routinely waive co-payments as a customer service courtesy, as it could violate healthcare regulations and lead to negative consequences. Co-payments are an important aspect of cost-sharing in healthcare.

When can a deductible be waived?

In some cases, the deductible may be waived because the service is already free or at a low cost under your plan. This is often the case with preventive services. For example, an annual wellness visit may only cost you $20, but that $20 might not count toward your deductible.

What is the deductible law?

Deductible in tax law (referred to as a tax deductible) means an item or expense that can reduce the taxes a person owes in a given year. A deductible item is subtracted from the total taxable income which can substantially reduce taxes owed by an individual or corporation.

Is it okay for a contractor to waive my deductible?

The contractor will “absorb”, “waive”, or offer to pay the deductible. The problem is that it's not legal. It's all about the fact that the contractor, no matter what they say, needs to be paid that $1000. In many cases, that's their entire profit.

What does copay deductible waived mean?

For example, if you had a $1,000 deductible, you'd have to pay the provider $1,000 before it'd drop to the $40 copay. Deductible waived means there is no deductible are you will only be responsible for your $40 copay.

Which of the following is true about waiving Medicare patient copayments?

Medicare allows copayment waivers for any patient below the poverty level. Patients covered by Medicare may petition the agency for waiver of their copayments. Routine waiver of Medicare copayments is considered insurance fraud.

Can a pharmacy waive a copay?

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 you have a copay and no deductible?

While employees won't have to meet a deductible, they are still responsible for out-of-pocket costs like network copays, coinsurance, and payment for out-of-network providers and medical services their plan doesn't cover. Lastly, like other health policies, no-deductible plans have annual maximum out-of-pocket limits.

Can doctors waive fees?

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).

What does copay waived if admitted mean?

But the ER copay is really a fee.

This “copay” is essentially a disincentive designed to make you think twice before going to the ER. The good news, though, is that if you are admitted to the hospital, this “copay” (fee) is waived.

Is waiving deductibles 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.

What does copayment mean?

Listen to pronunciation. (KOH-pay-ment) The amount of money that a patient with health insurance pays for each health care service, such as a visit to the doctor, laboratory tests, prescription medicines, and hospital stays.

Is it illegal to not pay your deductible?

If you do not pay your deductible you are committing a crime. Technically, this is a form of insurance fraud. Most homeowners' insurance policies will have a concealment or fraud section.

Why is waiving copays illegal?

Why Is Routine Copay Waiver Illegal? Routine waiver of deductibles and co-pays violates the law for two reasons. First, it violates the Anti-Kickback Statute. Second, it causes Medicare to pay more than it should in violation of the False Claims Act.

Is deductible mandatory?

Depending on your policy, and the types of coverages you have, a deductible may be required. With an auto insurance policy, coverages like comprehensive and collision may require a deductible before said coverages apply in the event of a covered incident.

Can you get out of paying your deductible?

Some insurers even offer a disappearing deductible program. It's what it sounds like. If you go a set amount of time without a claim or violation your deductible amount will decrease or be waived.

What is the CVS lawsuit about?

“This lawsuit alleges that CVS failed to exercise its critical role as gatekeeper of dangerous prescription opioids and, instead, facilitated the illegal proliferation of these highly addictive drugs, including by pill mill prescribers.

Can insurance waive copay?

Both federal healthcare programs and private insurance allow occasional waivers for patients who can demonstrate financial hardship. HHS' 1994 Special Fraud Alert noted that providers need to make good faith efforts to collect co-pays, apart from the cases of special financial needs of certain patients.

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