Laboratory Compliance
Laboratory compliance is the ongoing effort of clinical labs to meet certain standards of practice set by various government agencies. Most prominent of these are the Clinical Laboratory Improvement Amendments (CLIA), which establish Quality Assurance (QA) standards for all laboratory testing to ensure the accuracy, reliability and timeliness of patient test results regardless of where the test was performed.
CLIA requires clinical laboratories to be certified by their state as well as the Center for Medicare and Medicaid Services (CMS) before they can accept human samples for diagnostic testing. Laboratories can obtain multiple types of CLIA certificates, based on the kinds of diagnostic tests they conduct.
Certification is also required to receive reimbursements from Medicare or Medicaid.
CLIA 88 requires Quality Assurance assessment of all labs for these QA standards:
- Patient test management
- Quality control
- Proficiency testing
- Test comparisons
- Relate results to clinical data
- Personnel
- Communications
- Complaints
- Staff review
- Records
These QA standards for laboratory compliance encompass a range of activities that enable laboratories to achieve and maintain high levels of accuracy and proficiency despite changes in test methods and the volume of specimens tested. According to the CDC, good QA system achieves these four things:
- Establishes standard operating procedures (SOPs) for each step of the laboratory testing process, ranging from specimen handling to instrument performance validation
- Defines administrative requirements, such as mandatory recordkeeping, data evaluation, and internal audits to monitor adherence to SOPs
- Specifies corrective actions, documentation, and the persons responsible for carrying out corrective actions when problems are identified
- Sustains high-quality employee performance
Three federal agencies are responsible for CLIA and laboratory compliance: The Food and Drug Administration (FDA), Center for Medicaid Services (CMS) and the Center for Disease Control (CDC). Each agency has a unique role in assuring quality laboratory testing.
FDA
- Categorizes tests based on complexity
- Reviews requests for Waiver by Application
- Develops rules/guidance for CLIA complexity categorization
CMS
- Issues laboratory certificates
- Collects user fees
- Conducts inspections and enforces regulatory compliance
- Approves private accreditation organizations for performing inspections, and approves state exemptions
- Monitors laboratory performance on Proficiency Testing (PT) and approves PT programs
- Publishes CLIA rules and regulations
CDC
- Provides analysis, research, and technical assistance
- Develops technical standards and laboratory practice guidelines, including standards and guidelines for cytology
- Conducts laboratory quality improvement studies
- Monitors proficiency testing practices
- Develops and distributes professional information and educational resources
- Manages the Clinical Laboratory Improvement Advisory Committee (CLIAC)
Georgia Lab Pays Docs For Urine Test Referrals
By Joseph Burns | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: Physicians could make $400 or more per sample, according to one physician. But under the federal Stark Law, the federal Anti-kickback Law, and under Florida state law, physicians and other healthcare providers are prohibited from referring patients or doing work for kickbacks…
Medicaid Suits in Two States Accuse Quest, LabCorp of Fraud
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
RECENTLY TWO WHISTLEBLOWER LAWSUITS, each alleging Medicaid fraud by Quest Diagnostics Incorporated and Laboratory Corporation of America, have become public knowledge. One case is in Virginia and the other case is in Georgia. Both lawsuits were filed by Hun…
Reporters & Investigators Target Fraud in Pain Management Market
By Joseph Burns | From the Volume XXXII, No. 1 – January 6, 2025 Issue
PAIN MANAGEMENT IS COMING under increased scrutiny by law enforcement officials and government regulators. Even the national media have begun to notice the fraud and abuse that is rampant in this rapidly-expanding sector of healthcare. Many pathologists and clinical laboratory managers will welcome …
Four Docs Plead Guilty In N.J. Lab Bribery Case
By Joseph Burns | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: As of July 24, four New Jersey doctors had pleaded guilty to federal criminal charges. Each of the doctors accepted bribes in exchange for referring patient lab testing to Biodiagnostic Laboratory Services (BLS) of Parsippany, New Jersey. This landmark criminal prosecution in…
Tennessee AG Opinion Adds Unease to EHR Donation Issue
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
ANOTHER STATE ATTORNEY GENERAL (AG) has issued an opinion on the donations of electronic health record (EHR) systems by clinical laboratories to referring physicians. The opinion says that such donations would violate Tennessee state law. The Tennessee AG’s opinion is similar to one issued in Nove…
EHR Donation Ruling in WA Raises Questions for Labs
By Joseph Burns | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: When the Washington State Attorney General issued an Attorney General Opinion last fall, he created confusion among pathologists and lab directors whose labs have paid to have EHR software installed in physicians’ offices. The Washington AG’s ruling not only conflicts wit…
Four Labs and Billing Company Pay $140,000 Fine in HIPAA Case
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
WHEN A BILLING SERVICE company disposes of patients’ lab test records, it should do so in compliance with federal and state privacy rules. That means all protected health information (PHI) should be shredded or incinerated. Four pathology groups in Massachusetts learned this lesson the hard way wh…
Four California Labs Sue Quest and Three Insurers
By Joseph Burns | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: Allegations of anticompetitive and monopolistic behaviors that violate state and federal laws are the basis of a private lawsuit filed by four independent clinical lab companies in California. The defendants are Quest Diagnostics Incorporated, Aetna, Blue Shield of California…
More Medicare Auditors Are Targeting Clinical Labs
By Joseph Burns | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: For labs and all healthcare providers, the risk of an audit is growing because the number of auditors seeking overpayments is rising. In their efforts to eliminate waste and make the Medicare and state Medicaid programs more efficient, federal officials have introduced severa…
Lab Director Blows Whistle, NY Closes Hospital Lab
By Joseph Burns | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: Unable to overcome problems at a rural hospital laboratory caused by the parent hospital’s financial problems and the inability of the hospital to recruit adequate numbers of lab staff, the laboratory director terminated his agreement with the hospital and notified the New …
CURRENT ISSUE

Volume XXXII, No. 6 – April 21, 2025
Now that a federal judge has vacated the FDA’s LDT rule, The Dark Report analyzes the judgement and notes the various steps the FDA could take in response. Also, lab testing at pharmacies is proving to be less successful than was once anticipated.
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