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The Office of Inspector General Releases Advisory Opinion on Laboratory Waivers

Mar 31, 2015 | gabylinares | Corporate Governance, Health Law, Law, Legislation, Pharmaceuticals | No Comments

The Office of Inspector General (OIG) at the U.S. Department of Health and Human Services released an advisory opinion on March 25, 2015 detailing how a laboratory’s proposal to waive fees for certain patients referred by physician practices could result in the OIG imposing administrative sanctions due to violations of the Anti-Kickback Statute. The unnamed laboratory wanted to know if kickback concerns would be raised if it waived some fees in exchange for receiving all referrals directly from physician practices. The OIG concluded the proposed arrangement was an “inappropriate steering of patients” and that the laboratory, which specializes in forensic pathology, clinical laboratory, and anatomic pathology services, could not counterbalance the plan with any safeguards or safety improvements. You can read the advisory opinion itself here and read more on the topic here.

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