General Surgery Coding Alert

AAPC Forum Participant

Answer: Yes, physicians are generally allowed to give out free samples to patients. However, it’s important to note that there are certain guidelines and regulations that need to be followed. For instance, the samples should come directly from the manufacturer. Also, the samples should not influence the physician’s decision in prescribing certain medications. It’s always best to consult with a healthcare attorney or compliance officer to ensure that all practices are in line with the law and regulations.

As long as there are no conflicting local laws, your medical practice should be able to distribute medications or other items free of charge to your patients during in-person consultations or office visits.

It’s crucial to always give clear instructions and refrain from distributing expired materials. Some professionals recommend maintaining a record that includes details like the batch number of these samples or supplies. In some cases, the electronic health record (EHR) e-prescribing system can be used to document a prescription provided as a sample, instead of sending it to a pharmacy.

Remember, if the samples were received free of charge by the office, the patient should not be billed for them. Insurance should also not be billed for the sample except in the case of injectable medications. In such cases, the drug should be listed on the claim with a zero- or $0.01-dollar charge and a note stating the drug provided was sample, depending on payer preference. This is necessary for your practice to be reimbursed for the injection administration charge with an appropriate drug administration code, such as 96374 (Therapeutic, prophylactic, or diagnostic injection (specify substance or drug); intravenous push, single or initial substance/drug).