Why it’s Time to Retire the Term Non-compliant

Why it’s Time to Retire the Term Non-compliant

Non-compliance in healthcare typically means a patient who intentionally refuses to take prescribed medication or does not follow treatment recommendations.  This term is often used in medical documentation as physicians and/or care team professionals categorizing patients in the ‘not doing what I say’ category.  The effects of this term project’s a picture of intentional negligence by the patient, placing blame on their choices.  Non-compliance was once a more popular term used in the medical community to remove perceived risk from the provider, however, recent research has created a different picture.  According to research from Sous, W., Frank, K., Cronkright, P. et al. (2022), the term ‘non-compliant’ has been shown to compromise care, particularly for marginalized communities.  Ethically, this term has failed to demonstrate a provider’s respect for patient autonomy and has created a reverse effect of the ‘do no harm’ mantra.

So, let’s give a hypothetical example, Mr. Jones has been placed under observation services at the local hospital for evaluation of his chest pain.  Mr. Jones lives alone about 20 miles from the hospital where he is seeking care.  While working outside, he started having shortness of breath and chest pain leading him to call 911.  At the hospital, the care team starts running numerous tests on Mr. Jones, but all he can think about is his land and his animals back home.  Mr. Jones is concerned about his heart but was just hoping for some medication and to be back on his way.  He really doesn’t like doctors’ offices, much less hospitals and has spent many years avoiding them.  When the physicians come in the room, they tell him what they are doing using hard to understand medical terminology.  The nursing staff have been giving him medications and hooking him up to machines again with confusing medical terms.  Mr. Jones has now been at the hospital overnight and although he is feeling better, he does not see the need to stay.  He has his animals at home that need to be fed and he wants to take care of his property.  Mr. Jones requests to leave.  At this point all efforts kick in from the hospital as they term Mr. Jones as wanting to leave against medical advance, AKA, the AMA discharge and document his behaviors as non-compliant in the medical record.  Rather than diving into the misconception of the AMA discharge and Mr. Jones concerns.   I will say that Mr. Jones agrees to help with his discharge and get the information he needs for follow-up care and the care team even helps coordinate a ride home.  However, the labeling in his record stands, he is a ‘non-compliant patient with an AMA discharge’. 

The scenario creates the picture that our lives are filled with competing priorities and stressors.  With the best of intentions, the non-compliant patient does not take their medication because they do not have the money to do so.  The non-compliant patient misses their doctor’s appointment because they have no transportation or maybe the city bus was late. As a healthcare community, rather than labeling our patients based on our own perspective of privilege we should use the situation to ignite a call to action that we may have overlooked a valuable piece in our patient’s healthcare needs. What if instead of just assuming the patient is simply not following medical advice or making their medical care a priority, we consider the following.

  • Break down the process into more manageable steps and apply such methods as teach-back to assess the patients’ understanding of their healthcare requirements.
  • Evaluate the patient’s motivation towards their care and potential barriers they may be dealing with.
  • Assess for social determinants and cultural considerations that may make the information provided or their treatment requirements difficult to follow or comply with.
  • Encourage patient input and feedback to generate their own ideas and suggestions into their care needs.

I would imagine in our lives at one point or another we all could be labeled as non-compliant and in the busy schedule and demands on our healthcare system sometimes it is easier to write ‘non-compliant’ then figure out the reasons why. However, this impacts access to care and healthcare outcomes for our patients.

References:
Sous, W., Frank, K., Cronkright, P. et al. Use of a simulated patient case and structured debrief to explore trainee responses to a “non-compliant patient”. BMC Med Educ 22, 842 (2022). https://doi.org/10.1186/s12909-022-03894-7

Facebook
Twitter
LinkedIn

Tiffany Ferguson, LMSW, CMAC, ACM

Tiffany Ferguson is CEO of Phoenix Medical Management, Inc., the care management company. Tiffany serves on the ACPA Observation Subcommittee. Tiffany is a contributor to RACmonitor, Case Management Monthly, and commentator for Finally Friday. After practicing as a hospital social worker, she went on to serve as Director of Case Management and quickly assumed responsibilities in system level leadership roles for Health and Care Management and c-level responsibility for a large employed medical group. Tiffany received her MSW at UCLA. She is a licensed social worker, ACM, and CMAC certified.

Related Stories

Leave a Reply

Please log in to your account to comment on this article.

Featured Webcasts

Trending News

Featured Webcasts

Ask Dr. Hirsch: Clarifying Medicare’s Most Misunderstood Rules – Part 2

Medicare regulations are complex and even seasoned professionals struggle to apply them consistently. Due to overwhelming demand, Dr. Hirsch returns for Part 2 of Ask Dr. Hirsch: Clarifying Medicare’s Most Misunderstood Rules to answer even more of Medicare’s most misunderstood questions, covering inpatient status, observation, SNF access, Medicare Advantage denials, and more. Join Dr. Hirsch as he provides clear, referenced answers to real-world questions submitted by your peers, helping you navigate Medicare compliance with confidence and clarity.

June 18, 2026

Reengineering Utilization Management: Building an Adaptive Model for the New Payer Era

Traditional utilization management models can no longer keep pace with regulatory shifts, payer scrutiny, and operational pressures. In this webcast, Tiffany Ferguson, LMSW, CMAC, ACM, ACPA-C, introduces an Adaptive Model strategy that modernizes UM through role specialization, technology-driven workflows, and proactive, team-based processes. Attendees will learn how to restructure programs to improve efficiency, strengthen clinical collaboration, and enhance financial performance in a rapidly changing healthcare environment.

May 20, 2026

Compliance for the Inpatient Psychiatric Facility (IPF-PPS): Minimizing Federal Audit Findings by Strengthening Best Practices

Federal auditors are intensifying their focus on inpatient psychiatric facilities, using advanced data analytics to spotlight outliers and pursue high‑dollar repayments. In this high‑impact webcast, Michael Calahan, PA, MBA, Compliance Officer and V.P., Hospital & Physician Compliance, breaks down what regulators are really targeting in IPF-PPS admissions, documentation, treatment and discharge planning. Attendees will learn practical steps to tighten processes, avoid common audit triggers and protect reimbursement and reduce the risk of multimillion-dollar repayment demands.

April 9, 2026

Mastering MDM for Accurate Professional Fee Coding

In this timely session, Stacey Shillito, CDIP, CPMA, CCS, CCS-P, CPEDC, COPC, breaks down the complexities of Medical Decision Making (MDM) documentation so providers can confidently capture the true complexity of their care. Attendees will learn practical, efficient strategies to ensure documentation aligns with current E/M guidelines, supports accurate coding, and reduces audit risk, all without adding to charting time.

March 31, 2026

Trending News

Prepare for the 2025 CMS IPPS Final Rule with ICD10monitor’s IPPSPalooza! Click HERE to learn more

Get 15% OFF on all educational webcasts at ICD10monitor with code JULYFOURTH24 until July 4, 2024—start learning today!

This Memorial Day, we honor those who gave all for our freedom. Take 20% off sitewide through May 29 with code MEMORIAL26 at checkout

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 1 with code CYBER25

CYBER WEEK IS HERE! Don’t miss your chance to get 20% off now until Dec. 2 with code CYBER24