Miami, FL asked in Health Care Law, Contracts and Medical Malpractice for Florida

Q: Can a doctor charge cash for a visit if the doctor knows the patient is a medicaid recipient?

My doctor has been seeing me for many years. He first started seeing me under medicaid. He decided to stop accepting medicaid. He continued seeing me now for years as a cash patient. I was informed he wasn't allowed to if I was on medicaid. At first he had us signed a form that I was paying cash. It's been more than a few visits since his office stopped asking for the form to be signed. Was he legally allowed to keep me on as a patient? (A family member told me he couldn't I'm just verifying)

3 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Estate Planning Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: The United States of America abolished slavery in 1863.

1. Neither your doctor nor any other doctor is required to treat patients who are on Medicade.

2. Neither your doctor nor any other doctor is prohibited from requiring patients to pay cash at the time of service.

3. I have no idea why your doctor requested you to "sign a form" acknowledging that you are paying cash.

4. Nor do I know why he stopped asking you to sign the form later.

5. But it doesn't matter anyway, because it is not "illegal."

6. And yes, your doctor is "legally allowed" to keep you on as a patient.

Charles M. Baron agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Estate Planning Lawyer
  • Freeeport, FL
  • Licensed in Florida

A: Actually, the 13th Amendment was adopted in 1865. You may be thinking of the Emancipation Proclamation, which was effective in 1863, but that only abolished slavery in Confederate-controlled areas.

Charles M. Baron agrees with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: Your question begs the question, didn't you know you could stop going to that doctor and simply choose another one who's in your Medicaid plan network, so that you would not have to pay a dime? If you did not know that, why not? Did your doctor somehow mislead you into believing you were required to stay as his patient? If the doctor did that, he probably would be violating some rule of ethics - but I'm wondering if the paper you signed had something in there about you knowing you have the choice to go elsewhere. You of course may request a copy of the paper you signed, as well as any other records regarding your visits.

Terrence H Thorgaard agrees with this answer

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