NYSBC opinion regarding discounted Cash Fees

I write in response to your inquiry regarding discounted fees for patients who pay cash for professional services.

An opinion was provided by the Education Department's Office of Counsel in a letter dated November 2, 1994 written in response to an inquiry regarding pharmacy services. As one of the 38 professions regulated by this department, I believe it is safe to assume the opinion applies to the other 37 professions, chiropractic included.

The opinion follows:

Review of the Education Law and regulations does not disclose that there is any statute or regulation which prohibits charging different prices for pharmacy services depending upon whether payment is made by an insurance assignment or whether payment is made in cash.

While this opinion would appear to allow a two-tiered pricing system for professional fees, I nonetheless encourage you to consult with an attorney whose expertise is in the area of professional practice and malpractice, insurance, contracts, etc. In that way, you will receive legal advice from a broad perspective of all relevant law, not just Education Law, which is our responsibility to administer.

Norman G. Cohen Executive Secretary

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