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Thread: Illegal ad

  1. #1
    OptiWizard
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    Illegal ad

    In one of those coupon books that comes in the mail, I saw this ad. $1 eye exam with purchase of frame and lenses. Can someone point me to the text of the law that makes this illegal.

    Thomas
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  2. #2
    Master OptiBoarder
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    Why would it be illegal? The doctor is giving away his or her services. It's their business. We discount product but never do we discount our doctor's time. I think it depreciates the profession for sure but I have never heard of it being against any law. Why, are one of your competitors stooping that low?

  3. #3
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    The law that makes this illegal is Eyeglass I. States the prescriber cannot discount his fees on condition of purchase of eyeglasses.
    Law is very clear. Too bad it's never enforced.

    Chip

  4. #4
    Rising Star
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    from what I have gathered its fine to even do en exam for free if you were so inclined.

    It just kind of cheapens optometry (pun intended).

    that is unless it starts becoming standard medical practice... I should start looking for a coupon to have a broken bone reset and a cast made... I am thinking of cleaning out my gutters (while drinking) this weekend.

    (edit: oops! I didnt catch that the coupon meant you had to also purchase a frame and lenses. In that case they could just be slippery and charge full price for the exam-then deduct the exam price minus $1 from the cost of the glasses)
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  5. #5
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    I don't believe that is legal if you take any insurance, especially medicare. Like Chip said, I also believe that having the patient make a purchase based on an un-forseen(no Rx) exam result, is an Ok thing. You would really have to charge all patients a $1, whether they purchased eyewear or not. JMHO, and I will try to reseach more.


    A tad of research. http://law.justia.com/us/cfr/title16....1.4.54.0.38.2
    Last edited by obxeyeguy; 12-04-2008 at 09:04 PM. Reason: link

  6. #6
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    Here is another link. It says the patient gets their script at the end of the exam, to go where ever they want, period. A $1 eye exam, period.

    http://www.ftc.gov/opa/1995/07/lens.shtm


    I'm still searching for the insurance rules on this, but I don't think you can bill an insurance company for more than you normally charge a cash patient.

  7. #7
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    Scrumbly: It's only illegal if you discount your fees on condition of of a glass purchase. Otherwise you can give it away. But you can't even give it away if purchase of optical goods is a condtion of same.

    Da fine is $10,000.00 per incidence. But like I said, it's never enforced.

    Chip

  8. #8
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    I learn something new everyday. Apparently this law is not enforced and many of us are (or were) unaware of it. I have seen coupons like this from time to time. Right now I know of at least one place in the area that is offering a "free" exam with the purchase of glasses. I attribute this to the economy right now and know from experience that often when offices start to do these things they are scrambling for cash. So the next time I get a phone call from a potential customer who asks "Do you give free eye exams?" I can honestly say "That would be against the law, sir". Goody:D

  9. #9
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    Coco:

    Free eye exams are not against the law. They are illegal if buying eyewear is a condtion to get the free or discounted eye exam.

    It probably shouldn't be but it is appearently legal for the prescriber to offer discounts on the eyewear, just not his "professional fee."

    Chip

  10. #10
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    Quote Originally Posted by chip anderson View Post
    The law that makes this illegal is Eyeglass I. States the prescriber cannot discount his fees on condition of purchase of eyeglasses.
    Law is very clear. Too bad it's never enforced.

    Chip


    Chip sounds like NY. They never enforce that or the second one unlicensed opticians. It's ridiculous how NY runs it's professions!

  11. #11
    Master OptiBoarder LENNY's Avatar
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    Cohens opticals in NY had this special in the past!
    The problem is that if you charge anything for an eyeexam you have to release the RX. So they changed it to free exam with the purchase hopping for not givving out RX if the person does not purchase glasses!

  12. #12
    OptiWizard
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    Quote Originally Posted by obxeyeguy View Post
    I don't believe that is legal if you take any insurance, especially medicare. Like Chip said, I also believe that having the patient make a purchase based on an un-forseen(no Rx) exam result, is an Ok thing. You would really have to charge all patients a $1, whether they purchased eyewear or not. JMHO, and I will try to reseach more.


    A tad of research. http://law.justia.com/us/cfr/title16....1.4.54.0.38.2

    Thanks for doing the leg work for me. I'm thinking I might call this particular doctor in Mansfield, but I'm really not sure.

    Thomas
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  13. #13
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    we did this at the first place I worked....they paid the exam fee to the doctor and then we took all of the exam off the purchase of their glasses. It actually worked out well. It got people that were reluctant to get an exam in the door...and they didnt feel like we were making them do something that wasnt needed.

  14. #14
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    Quote Originally Posted by tntborden View Post
    Thanks for doing the leg work for me. I'm thinking I might call this particular doctor in Mansfield, but I'm really not sure.

    Thomas
    Just fax a copy to the state Optometric/Medical board. That should put an end to it. Signed A. Nonamous;)

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    Master OptiBoarder Ginster's Avatar
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    Redhot Jumper Go Get Em TNT

    If they won't allow us to be licensed the least we can do is stop such nonsense when it occurs to show that we are professionals and we care.

    :)Cheers:)Cheers

    Hey, what happened to the beer mugs ???? my favorite???

    Ginny

  16. #16
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    At America's Best you can get two pair of glasses for 69.00 and a free eye exam. Of course, you get what you pay for.

  17. #17
    Underemployed Genius Jacqui's Avatar
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    Quote Originally Posted by Ginster View Post
    If they won't allow us to be licensed the least we can do is stop such nonsense when it occurs to show that we are professionals and we care.

    :)Cheers:)Cheers

    Hey, what happened to the beer mugs ???? my favorite???

    Ginny
    :cheers::cheers::cheers:

    At the bottom of the "smilies" is an area that says "more", click it.

    :cheers::cheers::cheers:

  18. #18
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    Independent opticians and optometrists need to work together more. I am convinced commercial locations are bad for everyone, especially the patients.

    Honestly it also causes opticians all over to take a hit. In order to attempt to stay in the price ballpark ODs can't afford to pay their opticians fairly. Its hard to pay someone $15 an hour when wally down the road is paying $8 an hour.

    Just so you all don't think ODs are greedy doctors, you have to realize that on average we make around half a dentist with the same length of schooling.

  19. #19
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    Quote Originally Posted by IndianaOD View Post
    Independent opticians and optometrists need to work together more. I am convinced commercial locations are bad for everyone, especially the patients. :cheers:

    Honestly it also causes opticians all over to take a hit. In order to attempt to stay in the price ballpark ODs can't afford to pay their opticians fairly. Its hard to pay someone $15 an hour when wally down the road is paying $8 an hour.:cheers:

    Just so you all don't think ODs are greedy doctors, you have to realize that on average we make around half a dentist with the same length of schooling.
    As far as the income part, until some dentists start a DSP, to "better" serve their colleagues, that will continue. Dentistry has refused to be dictated to by any of the insurance plans. Optometry got sold out by their own years ago, and I don't think there is any going back...

  20. #20
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    If you really want to do something about these practices contact the Federal Trade Commission and the Department of Justice, never mind contacting the various disciplinary boards.
    If just a few of those $10,000 per patient fines are handed out you would be amazed how fast the practice ceases.
    If you want to get really nasty, put some adds out that ask: "Has your eye doctor ever refused to give you a prescription to have filled wherever you want after an eye exam. If so please contact the Federal Trade Commission."

    Chip

  21. #21
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    Quote Originally Posted by obxeyeguy View Post
    I'm still searching for the insurance rules on this, but I don't think you can bill an insurance company for more than you normally charge a cash patient.
    Here in Washington State you can legally give a "same day payment" discount so someone can pay less for an exam than we bill an insurance for.

    Its a state by state issue. Some states have different requirements. Insurance companies may not LIKE it, but it does not necessarily mean its illegal. There are many things we do that are really tradition and not law, such a determining primary vs. secondary insurance coverage (its not legislated here).

    Sharpstick

  22. #22
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    Quote Originally Posted by sharpstick777 View Post
    Here in Washington State you can legally give a "same day payment" discount so someone can pay less for an exam than we bill an insurance for.

    Its a state by state issue. Some states have different requirements. Insurance companies may not LIKE it, but it does not necessarily mean its illegal. There are many things we do that are really tradition and not law, such a determining primary vs. secondary insurance coverage (its not legislated here).

    Sharpstick

    It has to be reasonable. Many believe more than 20% off is not reasonable. Free could put you in a world of hurt.

  23. #23
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    Last edited by HarryChiling; 12-05-2008 at 11:47 PM.

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