Could forgiving a patients copayment represent a potential kickback problem?
Yes. The OIG has stated that routine waivers of Part B service copayments for federal program beneficiaries may violate the anti-kickback law. While the OIG has recognized an exception based on an individual’s financial hardship or where a “good-faith effort” to collect copayments or deductibles has been made, it assesses those situations case-by-case. Thus, radiologists and radiation oncologists should attempt to collect a copayment or deductible unless they have proof of the patient’s inability to pay.
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