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Unfortunately, while your patient can self pay under HIPAA and you can charge at outside the Tricare rates because for that surgery she is not a Tricare patient, the problem is for the HIPAA rule on self pay that allows her to restrict her records, once she goes self pay for the surgery you would have to make all of her visits related to that surgery self pay because to not do so defeats the record restriction as Tricare would then get the information on the surgery follow up. However, she can self pay for surgery if she chooses and if she does not file the surgery claim with Tricare then you are not bound by the Tricare rates for the surgery only and as long as she is not worried about the restriction on the medical records to the insurer she can do this.
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