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Financial Hardship Waivers

By Adrienne Hersh, JD, ICS Legal Counsel · May 1, 20249 min read
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Financial Hardship Waivers
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When it comes to fees, most physicians know at least these basic rules: they cannot offer discounts to patients as an inducement to use the physician’s services, nor can they solicit business by agreeing to waive copayments or deductibles. But what about offering a discount to a patient in need?

Unfortunately, in recent times, many patients have experienced true financial difficulty, for any number of economic factors that have affected many working people. From a genuine sense of generosity, many of our members would like to apply a “sliding fee scale” in cases of financial hardship but are uncertain whether this accommodation could be an improper discount. Most are aware of hospitals waiving fees for hardship but are uncertain whether physicians are permitted to discount or waive fees for in-office services rendered to needy patients. By adhering to consistent guidance and screening, physicians may allow fee discounts or waivers for qualifying patients only.   The following is a review of the legal standards that apply to financial hardship discounts in the chiropractic physician office and how to help needy patients without incurring undue risk.

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About the Author

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.

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