Frequently Asked Questions

We've compiled answers to the most common questions healthcare professionals ask about implementing Medicare-compliant direct care practices. If you don't see your question answered here, please contact us for personalized guidance.

Medicare Compliance Questions

The Social Security Act specifically excludes “routine physical checkups” from Medicare coverage (42 U.S.C. § 1395y(a)(7)). This statutory exclusion, reinforced in 1996 and 2006, creates the legal foundation for direct care services focused on routine exams without requiring Medicare opt-out.

When a healthcare practice offers pre-sold routine exam services rather than services triggered by medical necessity, these services are not covered by Medicare and can legitimately be provided for direct payment.

A service is “routine” when:
  • It is pre-sold as an available annual or follow-up exam
  • It is not provided in reaction to or because of any specific condition
  • It is not predicated on medical necessity
  • It is focused on comprehensive health management rather than intervention
Importantly, none of the three federal statutes excluding routine exams from Medicare coverage ever defined “routine” this flexibility is both a strength and a source of opportunity for compliant cash healthcare.

If during a routine exam you identify a medical issue requiring intervention, you have three options:

  1. Include that intervention within the scope of your routine exam services
  2. Bill insurance for the separate intervention if appropriate
  3. Charge a separate cash fee for the intervention with the patient’s informed consent

 

The choice is entirely yours as the healthcare professional. Coverage is not determined by the patient’s condition it is solely determined by what the healthcare professional does or doesn’t document and bill to insurance.

While not specifically required by statute, we recommend using a patient agreement that clearly communicates which services are covered by the routine exam fee and which might be separately billable to insurance. This transparency benefits both patients and providers and helps manage expectations appropriately.
Medicare patients can participate in your routine exam program for services not covered by Medicare. They remain free to use their Medicare benefits for covered services, either with you if you accept Medicare or with other providers. The key is clear communication about which services are part of the routine exam program and which might be separately billable to Medicare.

Based on Office of Inspector General guidance, these are the key practices to avoid:

  1. Never charge cash for services already covered by Medicare
  2. Don’t market or charge for “access” or “extra time” as standalone services
  3. Don’t implement mandatory non-allocated “administrative fees”
  4. Don’t contract with a patient with an immediate health need for cash services
  5. Don’t charge cash for emergency care if you’ve opted out of Medicare
 

Our routine exam model is specifically designed to avoid these compliance pitfalls.

Funding & Accessibility Questions

Yes, when properly structured. Routine diagnostic exams qualify as eligible medical expenses under IRC Section 213(d) and IRS Publication 502. The key is that services must be properly structured and marketed as specific medical services (routine exams, diagnostics, comprehensive care) rather than “access” or “extra time.” This qualification for tax-advantaged funding is a significant advantage over typical direct care or DPC models, making your services accessible to a broader range of patients.

These are three distinct tax-advantaged funding options:

HSA (Health Savings Account)

  • Patient-owned account for those with high-deductible health plans
  • Triple tax advantage: pre-tax contributions, tax-free growth, tax-free withdrawals
  • Funds roll over indefinitely
  • Approximately $170 billion in total U.S. HSA assets in 2025 

 

FSA (Flexible Spending Account)

  • Employer-sponsored account with annual election
  • Pre-tax dollars set aside for eligible medical expenses
  • Traditional “use-it-or-lose-it” with some carryover options
  • $3.6 billion in annual US contributions
 

HRA (Health Reimbursement Arrangement)

  • Employer-funded account
  • Reimburses employees for qualified healthcare expenses
  • Employer determines rollover policies
  • $2.5 billion US market size (2024)
 

When properly structured, routine exam services can qualify for all three funding options.

Yes. Employer funding of routine exams can be structured through various legal mechanisms:

  • Cafeteria Plans (26 USC 125): Allows employees to choose between taxable cash compensation or qualified benefits
  • Health Savings Accounts (26 USC 223): Employer-funded HSAs for eligible employees
  • Health Reimbursement Arrangements: Employer-funded accounts for qualified expenses
  • Fully-Insured Medical Reimbursement Plans: Insurance plans incorporating routine exam services

 

These mechanisms create a pathway for employer funding, potentially making your cash healthcare model accessible to a much broader patient population.

While cash healthcare models can’t solve all equity challenges, our approach addresses accessibility in several ways:

  1. Tax-Advantaged Funding: By qualifying for HSA/FSA/HRA funds, services become accessible to more patients
  2. Employer Funding Potential: Creates a pathway for employers to fund services for employees at all levels
  3. Transparent Pricing: Eliminates unpredictable out-of-pocket costs that disproportionately impact lower-income patients
  4. Flexibility for Practitioners: The financial stability of this model gives practitioners the freedom to offer reduced fees to those in need

 

While these solutions don’t completely solve healthcare’s equity challenges, they represent meaningful progress toward a more accessible system.

As an independent practice owner, you have complete freedom to implement whatever financial assistance or sliding scale policies align with your values. Many healthcare professionals using our model:

  1. Offer tiered service options at different price points
  2. Implement needs-based discounts for specific populations
  3. Provide pro bono services for a limited number of patients
  4. Work with employers to fund services for employees
  5. Help patients navigate tax-advantaged funding options

 

The financial stability of the routine exam model often provides the flexibility to serve patients across the economic spectrum.

Practice Structure Questions

Yes. The routine exam model allows you to remain in-network with insurance plans and bill for covered services as you choose. Unlike many direct care models that require abandoning insurance entirely, our approach provides complete flexibility. You can:

  1. Bill insurance for specific services while offering routine exams for cash
  2. Maintain your insurance participation for certain patient populations
  3. Gradually transition from insurance to cash as your practice evolves
  4. Bill insurance more, less, or not at all based on your preference

 

This flexibility is a key advantage over models that require abandoning insurance entirely.

Yes. The routine exam model allows you to integrate health coaching services into a wide range of medical practices, including concierge, executive health, preventive, integrative, and functional medicine models. This approach supports longitudinal care, behavior change, and improved patient outcomes beyond traditional visit-based care.

The optimal patient panel size varies by specialty and service model, but typically falls within these ranges:

Practice Type

Typical Patient Panel Size

Primary Care

300-600 patients

Functional Medicine

150-300 patients

Specialty Care

100-250 patients

Mental Health

75-150 patients

These panel sizes allow for comprehensive care while maintaining financial sustainability. Most practitioners report significant reductions in total patient panel size but increases in overall revenue and satisfaction.

Pricing varies significantly based on specialty, service scope, geographic location, and practice goals. Typical annual fees fall within these ranges:

Practice Type

Annual Fee Range

Primary Care

$1,800-$3,600

Functional Medicine

$3,600-$8,400

Specialty Care

$3,000-$6,000

Mental Health

$3,600-$7,200

Many practices offer tiered service options at different price points to increase accessibility while still maintaining financial viability. Our practice formation process includes customized financial modeling to determine optimal pricing for your specific situation.

The optimal legal structure depends on your specific circumstances, goals, and state regulations. Common options include:

  1. Professional Corporation: Traditional structure for medical practices
  2. Professional LLC: Provides liability protection with pass-through taxation
  3. Hybrid Models: Combinations of entities for different aspects of the practice

 

Our practice formation process includes legal structure recommendations tailored to your specific situation, including considerations for:

  • State-specific requirements
  • Liability protection
  • Tax optimization
  • Regulatory compliance
  • Future succession planning
Yes. Unlike many cash healthcare models that focus primarily on primary care, the routine exam model can be implemented by virtually any healthcare specialty:
  • Primary Care: Comprehensive care programs
  • Functional Medicine: Root-cause focused comprehensive health management and optimization
  • Cardiology: Cardiovascular comprehensive health management and monitoring programs
  • Dermatology: Comprehensive skin health and cancer comprehensive health management
  • Mental Health: Preventive mental health assessment and maintenance
  • Endocrinology: Hormone optimization and metabolic health
  • And many others
  The key is proper structure and implementation based on the specific statutory exclusions for routine exams, adapted to your specialty’s unique aspects.

Implementation Questions

Most practices complete implementation within 8-10 weeks. The exact timeline depends on your current practice structure, specialty, and desired implementation pace. Our implementation process includes:

  1. Initial consultation and planning (1-2 weeks)
  2. Legal framework development (2-3 weeks)
  3. Financial model construction (1-2 weeks)
  4. Operational systems design (2-3 weeks)
  5. Launch preparation (1-2 weeks)

 

We can adjust this timeline based on your specific needs and circumstances, whether you prefer a rapid transformation or a more gradual transition.

Both approaches can work, but we typically recommend a phased implementation for established practices:

Phase 1: Develop the complete model and infrastructure Phase 2: Identify ideal candidates within your existing patient panel Phase 3: Begin offering the model to existing patients Phase 4: Gradually expand as patients convert and capacity allows Phase 5: Adjust traditional practice elements as routine exam practice grows

This approach minimizes disruption while allowing you to refine your model based on early feedback. For new practices, a complete implementation from the start is often preferable.

Patient response varies based on communication approach, value proposition, and patient demographics. Typically:

  • 20-40% of existing patients choose to join the routine exam program
  • Most transitions experience minimal patient attrition when properly communicated
  • Patient satisfaction scores typically increase significantly
  • Word-of-mouth referrals often increase after implementation

 

The key to positive patient response is clear, transparent communication focused on the enhanced value and experience they’ll receive, not just the change in payment model.

The routine exam model can be implemented with various technology solutions depending on your preferences and existing systems. Essential technology components include:

  1. Practice Management System: For patient scheduling and management
  2. Patient Communication Platform: For secure messaging and follow-up
  3. Electronic Health Record: For documentation and care continuity
  4. Payment Processing System: For subscription management
  5. HIPAA-Compliant Security Systems: For data protection

 

Many practices can leverage their existing technology infrastructure with modifications rather than requiring completely new systems.

Clear communication is essential for successful implementation. We provide templates and guidance for patient communications that emphasize:

  1. Enhanced Value: The comprehensive nature of the care model
  2. Improved Experience: More time, attention, and personalization
  3. Transparent Pricing: Predictable costs without surprise bills
  4. HSA/FSA Eligibility: Potential for tax-advantaged payment
  5. Continued Options: Clear explanation of remaining insurance options

 

Most successful transitions focus on communicating the enhanced value and experience rather than just the change in payment model.

Comparison Questions

 While similar in some ways, our routine exam model differs from other direct care models:

  1. Medicare Compliance Approach: We maintain compliance through statutory exclusions rather than relying on questionable “access fee” models
  2. Marketing Focus: We market specific routine exam services with robust communication support
  3. Tax Advantage Qualification: Our model qualifies for HSA/FSA/HRA funding when properly structured
  4. Legal Foundation: Built on explicit statutory exclusions dating back to 1965
  5. Specialty Application: Applicable to any healthcare specialty, not just primary care

 

These distinctions create significant advantages in regulatory compliance, patient accessibility, and practice flexibility.

Our routine exam model shares some similarities with DPC but offers several important advantages:

  1. Medicare Compliance: Maintains compliance without requiring Medicare opt-out
  2. Tax Advantage Qualification: Properly qualifies for HSA/FSA/HRA funding
  3. Insurance Integration: Maintains flexibility to bill insurance as desired
  4. Specialty Application: Works for any healthcare specialty, not just primary care
  5. Legal Foundation: Built on explicit statutory exclusions rather than newer regulatory frameworks

 

These advantages make our approach more flexible and accessible than traditional DPC models.

Our routine exam model uses the same fundamental approach as executive health programs but is adaptable to any healthcare specialty and patient population. We leverage the same statutory exclusions that have protected executive health programs for decades while making this approach accessible to a broader range of healthcare professionals and patients.

The key similarity is the focus on pre-scheduled routine exams rather than reactive, necessity-based care, but our approach can be implemented at various price points and service levels.

Our consulting approach differs from others in several key aspects:

  1. Legal Expertise: Founded on 36+ years of specialized healthcare legal knowledge
  2. Flat Fee Structure: You pay once for practice formation rather than ongoing percentages
  3. 100% Ownership: You retain complete ownership of your practice and future revenue
  4. Compliance First: Built on solid statutory foundations rather than questionable regulatory interpretations
  5. Funding Qualification: Structured specifically for HSA/FSA/HRA qualification
  6. Specialty Flexibility: Adaptable to any healthcare specialty, not just primary care

 

These distinctions create significant advantages in practice ownership, sustainability, and compliance confidence.

Consulting Process Questions

No. Unlike corporate platforms that take 25-40% of your revenue indefinitely, we offer a simple flat-fee approach. Our $10,000 practice formation package provides everything you need for a one-time fee with no ongoing financial obligations.

For those who desire continued support, we offer an optional year-long implementation support service for 8% of gross cash fees above $150,000, but this is entirely optional and limited to a single year.

Yes, we provide marketing guidance as part of our practice formation package, including:

  1. Compliant Marketing Guidelines: Ensuring your marketing maintains Medicare compliance
  2. Value Proposition Development: Helping articulate your unique benefits
  3. Patient Communication Strategy: Templates for explaining your model
  4. HSA/FSA Communication: Guidance on explaining tax advantage qualification
  5. Website Content Recommendations: Suggestions for online marketing

 

For those desiring more intensive marketing support, we offer an additional Marketing & HIPAA Implementation service ($5,000 full-day consultation) that provides more comprehensive marketing development.

The routine exam model works best for healthcare professionals who:

  1. Desire greater clinical autonomy and practice freedom
  2. Want to spend more time with each patient
  3. Seek a more sustainable work-life balance
  4. Are frustrated with insurance limitations and administrative burdens
  5. Value comprehensive health management and relationship-based care

 

Our complimentary consultation helps determine if this approach aligns with your specific goals and practice vision. During this conversation, we explore your current challenges, desired outcomes, and optimal implementation approach.

Yes. We work with healthcare professionals throughout the United States. Our services are provided remotely via video conference and phone, with all necessary documentation handled electronically.

For clients desiring in-person consultation, we offer on-site services with travel expenses covered by the client.

The process begins with a complimentary consultation to discuss your practice goals and determine if our services are a good fit. During this 30-minute session, we’ll:

  1. Discuss your current practice situation and challenges
  2. Address your questions about the routine exam model
  3. Explore how our services might benefit your specific practice
  4. Outline potential next steps if you decide to proceed


To schedule your consultation, simply click here or call 619-919-5395.

Still Have Questions?

If you don’t see your question answered here, we’re happy to provide personalized guidance. Contact us directly to discuss your specific situation.
All consultations are completely confidential with no obligation.

Contact Information:

Jim Eischen
Eischen DPSC LLC
2323 Locust Street
San Diego, CA 92106
619-919-5395
jim@eischenlawoffice.com

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Executive/Corporate Health

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  • Discover how to maintain the proven executive health formula while maximizing your market reach and revenue
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Obesity & Nutrition Path

  • Want to provide comprehensive weight management and metabolic health programs beyond insurance limitations
  • Need a compliant framework for integrating GLP-1 medications with comprehensive weight management?
  • Discover how to create a sustainable practice model that supports the continuous care obesity medicine requires

Lifestyle & Longevity (Routine Exam Model)

  • Ready to create a sustainable practice focused on optimization and longevity?
  • Need a compliant structure for peptides therapy, hormone optimization, and advanced wellness approaches?
  • Learn how to make lifestyle and longevity services accessible to more patients.

Specialty Care

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  • Looking for ways to provide comprehensive care beyond what insurance covers?
  • Discover how specialists can implement direct care models while maintaining traditional billing for procedures
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Integrative Health

  • Want to offer integrative health services without compliance concerns?
  • Need a business model that supports your holistic approach to care?
  • Discover how to create a sustainable integrative practice that patients can afford
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Functional/Integrative Medicine (fee for service menu)

  • Ready to create a functional medicine practice that’s fully Medicare compliant?
  • Looking for ways to make your functional medicine services eligible for HSA/FSA funding?
  • Learn how to practice true functional medicine without insurance constraints
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Concierge Medicine Path

  • Want to create a personalized direct care practice without the compliance risks?
  • Need a model that qualifies for employer funding and tax advantages?
  • Discover how to build a personalized care practice with full compliance confidence
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Direct Primary care/DPC

  • Looking to create a DPC practice without Medicare opt-out requirements?
  • Want to qualify for HSA/FSA/HRA funding that typical DPC models can’t offer?
  • Learn how our membership healthcare approach builds on DPC principles while eliminating its limitations”