EKRA

EKRA: More than a Year Out, Major Questions Remain Unresolved

One of the scariest new lab compliance laws in recent memory is the Eliminating Kickbacks in Recovery Act of 2018 (EKRA). While laws banning remuneration in exchange for referrals is nothing new to … [Read more...]

COMPLIANCE

Sales & Marketing: The Perils of Restructuring Sales Commissions for EKRA

For many years, it was fairly common practice for labs to pay their sales representatives variable compensation based on the volume and value of the tests they generated. But those arrangements became … [Read more...]

Compliance Perspectives: New Laws & the Top 5 Challenges Lab Compliance Officers Face in 2020

Labs remain at the forefront of the federal government’s suspicious persons list and health care fraud enforcement agenda. But in addition to the customary laws that labs are used to, the government … [Read more...]

NEWS

The Year in Labs Regulation: The 6 Biggest Stories of 2019

"May you live in interesting times.” This ancient Chinese curse extolling the virtues of stability may resonate with those of you who work in the lab industry and have a stake in federal … [Read more...]

ANTI-KICKBACK

Alabama Doctors, Cardio Practice, Settle Genetic Testing Kickback Claims for $1.1 Million 

Case: Three doctors and a cardiology practice, all based in Alabama, have agreed to shell out $1.1 million for allegedly taking bribes from a now-bankrupt genetic testing company in the Seattle area. … [Read more...]

ANTI-KICKBACK

Kickbacks: Millennium Free Test Cup Physicians Crackdown Yields First 7-Figure Settlement

The federal crackdown against the physicians and medical practices that accepted free point-of-care test cups from Millennium Health continues. On Oct. 2, 2019, the OIG dropped a bombshell by … [Read more...]

ANTI-KICKBACK

Compliance Perspectives: 5 Ways to Avoid Kickback Risks When Placing Phlebotomists in Ordering Physician’s Offices

It’s not uncommon for labs to place a phlebotomist in a physician’s office to collect and process samples for testing. While not strictly illegal, this practice raises bright red flags under kickback … [Read more...]

Labs In Court

A roundup of recent cases and enforcement actions involving the diagnostics industry   Lab’s ‘False Positive’ Drug Test Report ≠ Defamation of Employee  Case: An Arkansas nurse got fired … [Read more...]

ENFORCEMENT

Quest Pays $88.7K to Settle Specimen Collection Fee Kickback Charges Against Its Subsidiary

Case: After self-disclosing, Quest has settled kickback claims against its wholly-owned subsidiary, Quest Diagnostics TB LLC, for $88,780. The OIG alleges that from June 2011 to December 2016, the lab … [Read more...]

NEW LAW

New Laws: Proposed Kickback Changes Would Provide Needed Relief But Also Largely Exclude Labs

In what could be the most significant story in health care fraud and abuse compliance of the past several years, the CMS and OIG proposed new rules (the Proposal) to adapt 20th century kickback laws … [Read more...]


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