tci Medicare Compliance & Reimbursement - 2021 Issue Q4

Reader Question: Here’s the Scoop on Free Samples for Patients

Question: Our practice physicians have frequently supplied free samples to our patients. The samples are usually pharmaceuticals, tubing, or bandages. An outside billing firm told us that this is a non-compliant practice, and it could get us in trouble. Are physicians in the practice allowed to give out free samples to patients? Maine Subscriber Answer: The physicians in your practice can give out free samples to their patients. According to the Department of Health and Human Services (HHS) Office for Civil Rights (OCR), “In face-to-face encounters, the HIPAA Privacy Rule allows covered entities to give or discuss products...

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