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)
Medi-Cal Hits Pathologist For $6.4 Million Payment
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: Once again, government health bureaucrats are overreaching in their efforts to reduce spending and collect money from any source. A California pathologist has been hit with a Medi-Cal demand for $6.4 million in repayments, simply because he served as laboratory director for t…
LabCorp’s Ovarian Cancer Test Generates FDA Warning Letter
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
WHEN THE FOOD AND DRUG ADMINISTRATION (FDA) sent Laboratory Corporation of America a letter in September declaring its marketing of the Ovasure test for ovarian cancer was a violation of the law, the news was widely reported. Because Ovasure is a test that is being …
Current Review of CLIA Standards Intended to Address Laboratory PT
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
EFFORTS ARE UNDER WAY TO REVIEW existing requirements for laboratory certification under the federal Clinical Laboratory Improvement Act (CLIA). CLIA legislation was a response by Congress to widely-publicized failings in the quality and performance of certain cytology and office laboratories during …
Independent Labs Won’t Get Medicare PQRI Bonuses
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: Medicare does not intend to make bonus payments this year to independent labs currently reporting quality information for breast and colon cancer cases. The federal claims payment system is unable to pay independent labs for participating in the federal physician quality repo…
Federal Court Rules on Specimen Ownership
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: Recently, a federal appeals court affirmed a district court ruling concerning who owns human tissue specimens that are stored for research and other uses. While most clinical laboratories routinely discard many types of human specimens after use, any research facility or IVD …
Hospital Lab Takes CMS To Court in CLIA Case
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: A California hospital challenged CMS in federal court over the threatened loss of its lab’s CLIA certificate. CMS threatened to revoke the certificate in 2007 and stop paying the hospital’s Medicare and Medi-Cal lab bills. In January, Victor Valley Community Hospital won …
Labs Should Prepare for Tighter CLIA Enforcement
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: Lab directors and pathologists should take notice of disturbing new developments in enforcement of CLIA regulations. During the past year, CMS officials have revoked the CLIA certification of several hospital laboratories for what are, essentially, inadvertent violations of p…
FDA Sends Warning Letter to Abbott Laboratories
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: On March 13, 2007, the Food and Drug Administration sent a warning letter to Abbott Laboratories’ Chairman and CEO, Miles D. White. The letter identified nine quality system violations and requested a satisfactory response by August 15, 2007. The warning letter is based on …
Three Ex-UroCor Execs Acquitted in Jury Trial
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: On June 30, 2006,three former executives of UroCor,Inc.,accused by the U.S. Attorney of anti-kickback and securities violations, stood and heard the jury verdict in their case. “Not guilty on all counts,” stated the jury foreman. Thus ended the effort to convict former ex…
Six Ex-IMPATH Officials Receive Their Sentences
By Robert Michel | From the Volume XXXII, No. 1 – January 6, 2025 Issue
CEO SUMMARY: Justice has been meted out to six individuals accused of criminal fraud in the Impath,Inc. case. During June, sentences were pronounced for former President and COO Richard P. Adelson and several other defendants. Adelson will serve 42 months in prison, pay a $1.2 million fin…
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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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