Can I offer patients coupons for optional procedures or for local businesses?

Unfortunately, offering items of value to your patients for less than fair market value is a complex area fraught with trouble. Several standards apply. First, under the federal anti-kickback statute, it could be a felony to provide any item with the intent to induce an individual to obtain services from your practice or to refer individuals to your practice. Second, if you offer a Medicare beneficiary an item that is likely to induce him or her to come or return to your practice, the federal civil monetary penalties law could be applied against you, resulting in serious fines.

The government has stated that gifts with a value of less than $10 individually, and less than $50 annual aggregate, are acceptable. Other than such gifts, the only allowable benefits are waivers of cost-sharing amounts based upon financial need or reasonable collection efforts and certain incentives to promote preventive care services. Many states have standards that apply as well.

Whether the item was for services at your practice or from a restaurant or other third party would not be a significant factor (except in the case of preventive services). You should contact your local attorney for more information and advice prior to implementing your ideas.