A federal district court in Florida handed down a split summary judgment ruling May 5 in litigation between two competing clinical laboratories on whether the provision of free urine drug screening cups that include testing strips in the cups violates the Stark self-referral and anti-kickback laws (Ameritox, Ltd. v. Millennium Labs., Inc., 2014 BL 124965, M.D. Fla., No. 8:11-cv-00775-SCB-TBM, 5/5/14). The U.S. District Court for the Middle District of Florida said the issue of whether the free point-of-care testing (POCT) cups provided by defendant Millennium Laboratories Inc. violated the Stark and anti-kickback laws turned on whether the free cups constituted remuneration. Judge Susan C. Bucklew said there was a genuine issue of material fact as to whether the free POCT cups were remuneration for physicians who agreed not to bill for preliminary test results that the POCT cups provide, and she denied summary judgment to plaintiff Ameritox on that specific issue. Bucklew said, however, that physicians not billing for preliminary results for reasons other than an agreement with Millennium in exchange for free POCT cups were receiving remuneration for purposes of the Stark and anti-kickback laws and granted that portion of Ameritox’s summary judgment motion. Bucklew also rejected Millennium’s contention…
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