Is waiving deductibles illegal?

Asked by: Ms. Laurianne Kassulke  |  Last update: July 10, 2025
Score: 4.7/5 (35 votes)

A deductible is part of your home insurance policy. It's illegal for contractors to waive your deductible or help you avoid paying it.

Can insurance deductible be waived?

In most situations, for coverages with a deductible, a deductible will apply - but there are some circumstances in which the deductible may be waived. For example, if you have comprehensive coverage and make a claim to repair windshield glass damage, then your deductible may be waived.

Is it illegal to not pay your deductible?

The insurance carrier outlines its responsibilities in the benefits, limits, and exclusion sections. But homeowners also have responsibilities as well. If you do not pay your deductible you are committing a crime. Technically, this is a form of insurance fraud.

Why is waiving copays illegal?

Why Is Routine Copay Waiver Illegal? Routine waiver of deductibles and co-pays violates the law for two reasons. First, it violates the Anti-Kickback Statute. Second, it causes Medicare to pay more than it should in violation of the False Claims Act.

Is deductible mandatory?

Depending on your policy, and the types of coverages you have, a deductible may be required. With an auto insurance policy, coverages like comprehensive and collision may require a deductible before said coverages apply in the event of a covered incident.

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Is having no deductible a good thing?

Zero-deductible plans, which are most commonly platinum, may appeal to some consumers. If you visit doctors or specialists frequently, or have a chronic illness that requires several medications, health insurance with no deductible or no copay could help you spread your medical costs over the year.

Why do deductibles exist?

Overall, since deductibles reduce the need for health care services and consequently reduce the necessity of insurance organizations participation in initial costs of insured persons, they lead to considerable savings for these organizations through decrease in unnecessary services, as well as reduction in ...

Is waiving a deductible legal?

It is unlawful for a service provider to engage in a regular practice of waiving, rebating, giving, paying, or offering to waive, rebate, give or pay all or part of a claimant's deductible or claim for casualty, disability insurance, worker's compensation insurance, health insurance or property insurance. (IC 41-348).

Can doctors waive deductibles?

Although it may seem harmless to comply with a waiver request, in fact the law is clear that physicians can only waive copayments and/or deductibles in a limited number of circumstances. In fact, the Government has made clear that the routine waiver of copayments and deductibles may be considered fraudulent.

Can the hospital bill your copay?

Provider Policy: The healthcare provider's policy may vary. They may allow you to receive the necessary medical treatment or prescription medication, even if you can't pay the copayment immediately. In such cases, they might bill you later for the copayment amount.

What is the deductible law?

Deductible in tax law (referred to as a tax deductible) means an item or expense that can reduce the taxes a person owes in a given year. A deductible item is subtracted from the total taxable income which can substantially reduce taxes owed by an individual or corporation.

Is it better to have a $500 deductible or $1000?

Remember that filing small claims may affect how much you have to pay for insurance later. Switching from a $500 deductible to a $1,000 deductible can save as much as 20 percent on the cost of your insurance premium payments.

Is it illegal for a roofer to pay your deductible?

You'll hear some roofing companies offering to pay deductibles, but this is illegal. Not only is a roofing company paying your deductible illegal, but it is outright committing fraud.

Is it illegal to not pay insurance deductible?

Deductibles. It is illegal for a contractor to pay, waive, or discount your insurance deductible. It is insurance fraud if homeowners don't pay their deductible.

What does $500 deductible with full glass mean?

For instance, if you're considering full glass coverage with a $500 deductible and an additional cost of $5-$10 per month on your premiums, it means that before your insurer covers any repair or replacements due to glass damages on your vehicle's windshield, sunroof, or even side windows during an accident or other ...

What if I can't pay my medical insurance deductible?

Your healthcare provider can't waive or discount your deductible because that would violate the rules of your health plan. But they may be willing to allow you to pay the deductible you owe over time. Be honest and explain your situation upfront to your healthcare provider or hospital billing department.

Can I go to the doctor if I haven't met my deductible?

If you haven't paid your deductible, you pay $100, the full allowed amount for that visit (or the remaining balance until you have paid your annual deductible, whichever is less), and maybe more, if the billed amount exceeds the allowed amount.

Can I negotiate deductible?

With regard to healthcare deductibles, always ask if it's possible to negotiate a payment plan. The healthcare provider cannot legally waive the deductible but they can allow you to pay it over time. The challenge comes in when a procedure involves multiple providers, such as with surgery.

Is it possible to have no-deductible?

A no-deductible health plan, also called a zero-deductible policy, is a health insurance plan that doesn't require participants to meet a minimum out-of-pocket amount before their insurance company begins paying their medical expenses.

Is the practice of routinely waiving deductibles or copayments violate rules?

The practice of routinely waiving deductibles or copayments violates antikickback rules. The antikickback statute is a federal law that prohibits the exchange (or offer of exchange) of anything of value in an effort to induce (or reward) the referral of federal health care program business.

How do body shops waive deductibles?

Most body shops will work with an insurance company to cover the majority (if not all) of the cost of bodywork on a vehicle. Insurance companies in these instances set rates for the work performed. Therefore, to waive the deductible is taking an added discount off of an already discounted rate.

Can doctors give discounts to patients?

Generally speaking, there is no prohibition against a physician discounting a fee for a self-paying patient (that is, a patient who pays out-of-pocket and is not covered by a health plan, including Medicare or Medicaid). However, there are some considerations to keep in mind when using any discount program.

How do I avoid deductible?

How Can I Avoid Paying a Car Insurance Deductible?
  1. Choose not to file a claim until you have the money.
  2. Check your policy, as you may not have to pay up front.
  3. Work out a deal with your mechanic.
  4. Get a loan.

Why are healthcare deductibles so high?

The first factor is the high cost of health care services. The cost of medical treatments, procedures, and prescription drugs has continued to skyrocket year over year with seemingly no end in sight. As those costs have grown, both the individual deductible and family deductible have increased in tandem.

Do you actually pay your deductible?

You have to pay a deductible any time you make a claim for your car insurance. The deductible is an agreed-upon amount that you have to pay out of pocket whenever you make an insurance claim before the insurer will cover the cost of damages.