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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:
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hospital must not claim waiver as bad debt on cost report;
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hospital must offer to waive without regard to reason for admission, length of stay or DRG; and
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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
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