Enforcement Trends

Federal Courts Split on Government Dismissals of Qui Tam Claims  

In 2018, the Justice Department (DOJ) ordered US Attorneys to aggressively seek dismissal of False Claims Act (FCA) whistleblower qui tam lawsuits that lack merit or don’t serve the government’s … [Read more...]

Coding Alert

CMS Adds New PLA Oncology, ELISA, Reproductive Codes to HCPCS

CMS added seven new PLA codes to the HCPCS files, effective July 1, 2021, which will be contractor-priced based on local rates until they undergo the CLFS annual payment determination process for … [Read more...]

Labs in Court

University of Miami Settles Lab Testing False Claim Charges for $22 Million

Case: In this particular case, “The U” stands for unnecessary, as in medically unnecessary lab tests billed to Medicare by the University of Miami’s lab and off campus hospital-based facilities. The … [Read more...]

Labs in Court

Texas Says Employee Can Sue Testing Lab for Botching Random Drug Test Required by Employer

  Case: A pipefitter who got fired after flunking a random drug test sued the testing lab and provider that collected the hair follicle sample for negligence. The defendants claimed that they owed a … [Read more...]

Labs in Court

Texas Provider Pays $214K for Violating Federal COVID-19 Workplace Protocols

Case: In what appears to be a first, the Texas parent of an Iowa nursing home has agreed to repay $214,200 in federal monies for not following COVID-19 safety protocols during an outbreak at the … [Read more...]

Labs in Court

Florida Telemarketers Indicted for $47 Million Genetic Test Fraud Scheme

Case: A federal grand jury indicted three telemarketing company owners for a smorgasbord of fraud, kickback and money laundering violations that allegedly cost Medicare $47 million medically … [Read more...]

TOOL

Tool: Model COVID-19 Workplace Hazard Assessment Policy

Among other things, the new OSHA Emergency Temporary Standard (ETS) requires labs and other covered employers to conduct a workplace hazard assessment to identify COVID-19 hazards. Here’s a Model … [Read more...]

Whistleblowers

“Staying” Discovery Can Save Your Lab Tens of Thousands of Dollars in Baseless Qui Tam Cases

The False Claims Act (FCA) litigation process is so time-consuming and expensive that just about any whistleblower lawsuit against your lab is a losing proposition, even if you ultimately prevail in … [Read more...]

Quiz

Can Employees Who Wrongly Flunk Drug/Alcohol Test Sue the Testing Lab for Medical Malpractice?

In addition to potentially fatal misdiagnoses and erroneous treatment decisions, mistakes during the specimen collection and testing process can expose your lab to risk of liability under state … [Read more...]

Labs In Court 

A roundup of recent cases and enforcement actions involving the diagnostics industry

Rhode Island Lab Settles Urine Drug Test False Claims Allegations for $650K Case: The feds sued a Rhode Island doctor and the lab affiliates he owns for submitting tens of thousands of claims to … [Read more...]


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