QUESTION

Can we waive copays for Medicare and Medicaid patients?

SHORT ANSWER
Waiving co-pays could violate the Anti-Kickback Statute.
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Suppliers and providers are generally required to collect copays from Medicare and Medicaid patients. Otherwise, waiving the copay could be considered payment of remuneration to the patient in exchange for the “referral” (even though it is the patient itself doing the referring). Such payments violate the Federal Anti-Kickback Statute.