Compliance Perspectives

How to Create a Legally Sound COVID-19 Medical Screening Policy

 As essential workplaces, testing labs need to remain open and operating during the pandemic. At the same time, they need to ensure that employees practice social distancing and keep the infected and … [Read more...]

Compliance Corner

What to Do If Stark Is Keeping You from Providing Emergency COVID-19 Testing

Scenario: A local physician group wants to team up with your lab to provide COVID-19 testing for its Medicare, Medicaid and private pay patients. Although the deal would also be lucrative, the primary … [Read more...]

Coronavirus and Patient Privacy: How the HIPAA Rules Change During a Public Health Emergency

Coronavirus (COVID-19) has officially been declared a public health emergency. And the usual HIPAA Privacy restrictions on collecting, using and disclosing patients’ personal health information (PHI) … [Read more...]

HIPAA: OCR Clarifies Rules for Sharing Coronavirus Patient Medical Information During Current Health Emergency

The usual HIPAA Privacy restrictions on collecting, using and disclosing personal health information (PHI) are relaxed during public health emergencies. With this in mind, the Office for Civil Rights … [Read more...]

Compliance Corner: Must Employee Notify Lab of DUI?

QUESTION If one of our employees gets a DUI, do they have to notify us? ANSWER It depends. EXPLANATION There are at least four factors affecting whether the employee would have to come … [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...]

Anti-Kickback

Special Report: Long Awaited Kickback Relief Rules Keep Labs in the Cold

They’re finally here! After years of talking about adapting the decades-old kickback laws to modern medical market conditions, CMS and OIG proposed new rules (the Proposal) on Oct. 9, 2019. Whether it … [Read more...]

COMPLIANCE GUIDANCE

Stark Law: CMS Plan Would Make It Easier for Labs to Get Advisory Opinions

In late July, CMS proposed to update the advisory opinion process that labs and other providers use to get a determination about whether a proposed business arrangement would violate the Stark Law. … [Read more...]

COMPLIANCE GUIDANCE

HIPAA: New HIPAA Penalties System Rewards Labs that Try to Comply

New HHS rules significantly increase the amount of money your lab can save by making diligent and demonstrable efforts to prevent HIPAA violations even when those efforts don't succeed. We're … [Read more...]

COMPLIANCE GUIDANCE

Enforcement Trends: DOJ Changes to Yates Memo Make It Easier for Labs to Get Credit for Cooperating with Investigators

For the past five years, the DOJ has followed an enforcement policy designed to hold directors, officers and other top corporate officials responsible for the wrongdoing their companies commit. Last … [Read more...]


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