Reference Lab Pays $26.7 Million to Settle False Claim Charges Case: The feds claim that Laboratory Boston Heart Diagnostics contracted to provide lab testing services to Texas hospitals in … [Read more...]
Labs In Court
A roundup of recent cases and enforcement actions involving the diagnostics industry
January 27, 2020
Whistleblowers: Hospitals, Labs Dodge a Major Stark/False Claims Act Bullet
January 27, 2020
It’s the moment of truth in a whistleblower case. The defendant claims the whistleblower’s claims aren’t legally valid and asks the court to dismiss the case without a trial. If the motion is … [Read more...]
EKRA: More than a Year Out, Major Questions Remain Unresolved
January 26, 2020
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...]
ANTI-KICKBACK
Compliance Tool: Model In-Office Phlebotomist Agreement
January 24, 2020
The following Model Agreement between a testing lab and a referring physician was created by Savannah, GA, lab compliance attorney Adam Walters and structured to minimize kickback liability risks to … [Read more...]
In Brief: OIG Opens Second Avenue for Anti-Kickback Statute Revisions
January 13, 2020
Even as we wait for the second draft of the proposed new value-based kickback relief rules—see National Intelligence Report (NIR), Nov. 15, 2019—the OIG issued its annual call for recommendations for … [Read more...]
EKRA
EKRA: More than a Year Out, Major Questions Remain Unresolved
January 2, 2020
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...]
NEWS
The Year in Labs Regulation: The 6 Biggest Stories of 2019
January 2, 2020
"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
Compliance Perspectives: 5 Ways to Avoid Kickback Risks When Placing Phlebotomists in Ordering Physician’s Offices
December 12, 2019
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...]
NEW LAW
New Laws: Proposed Kickback Changes Would Provide Needed Relief But Also Largely Exclude Labs
November 15, 2019
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...]
Labs In Court
October 28, 2019
A roundup of recent cases and enforcement actions involving the diagnostics industry ACLA Goes for Knockout Punch in PAMA Lawsuit Case: Having survived a first-round setback, the American … [Read more...]
