Sources: 42 U.S.C. § 1320a0b(b)(3)(D) and 42 C.F.R. § 1001.952(k)

5. Waiver of Beneficiary Coinsurance or Deductible Amounts

For Medicare Part A, all of the following three standards must be met:
 

  1. hospital must not claim waiver as bad debt on cost report;

  2. hospital must offer to waive without regard to reason for admission, length of stay or DRG; and

  3. waiver must not be part of price reduction agreement with third-party payer, unless part of a Medicare supplemental policy.


For Medicare Part B, waiver of amounts owed by public health recipients to federally qualified health care center.

Also, there are statutory exceptions for Part B and Part D waivers in addition to the regulatory safe harbor.

Anti-Kickback Safe Harbor