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Discounts, Promotions, Free Care, and Fee Comparisons

By Adrienne Hersh, JD, ICS Legal Counsel · March 1, 20131 min read

Person with a dollar sign floating between their hands

Summarize this article with Paxson

This is a continuation of Adrienne Hersh's 2013 Article, Legal Advertising"

The Department frequently cites violations concerning the advertising of discounts and/or free promotional care. Whether these programs may push the boundaries of other laws is beyond the scope of this FAQ (many ICS articles and seminars have covered this topic thoroughly); however, if you are going to advertise these promotions, the Department clearly believes that you must conspicuously include the statement that: "These discounts are not available to patients covered by Medicare, Medicaid or other federally funded programs,” because CMS has stringent laws prohibiting "Gifts and Inducements” for patients in federally funded health plans. Therefore, because discounts may not be provided to these patients, the Department believes it is misleading to attract patients without such a disclaimer. It is also unlawful to advertise fee comparisons of available services with those of other persons licensed under the Medical Practice Act, although it is permissible to advertise your own usual and customary fees for routine services.

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About the Author

Adrienne Hersh, JD, ICS Legal Counsel

Adrienne serves as Illinois Chiropractic Society general counsel and provides legal advice and support on a wide range of legal issues affecting chiropractic physicians, including licensing and other health care regulations, scope of practice, insurance and reimbursement, business structuring, labor and employment, contracts, and litigation. Adrienne previously served for 8 years as general counsel to the Illinois Department of Professional Regulation (now the Division of Professional Regulation, Department of Financial and Professional Regulation), where she was chief legal counsel responsible for overseeing all legal issues and advising the 50+ licensing and disciplinary boards, including the Medical Disciplinary Board and the Medical Licensing Board. She is a member of the Illinois State Bar Association Health Care Section, the Illinois Association of Healthcare Attorneys, and the National Association of Chiropractic Attorneys.