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Search Results for: anti-kickback law

Lab Whistleblowers Are an Ever-Present Threat

Commentary and Opinion by R. Lewis Dark / By

EVERY PATHOLOGIST, LAB MANAGER, AND INDUSTRY EXECUTIVE has a justified fear of whistleblowers in their laboratory or company. Whistleblowers can surface at the most unexpected moment and with the most devastating consequences. As you will read in this issue of THE DARK REPORT, criminal actions against ex-employees of both UroCor, Inc. and Impath, Inc. were …

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Crime In the Lab Industry: A Poor Track Record

Laboratory Compliance / By

CEO SUMMARY: In a remarkable finding, THE DARK REPORT demonstrates how 17.5% of the public laboratory companies in operation since 1990 have had an existing or former CEO indicted for federal crimes! This is a powerful statement about business practices in the laboratory industry and the allure of “skirting” the full intent and meaning of …

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Barristers Offer Insights Into OIG Opinion 04-17

Anatomic Pathology / By

CEO SUMMARY: This is an intelligence briefing which tries to “read between the lines” and: 1) provide useful information about the OIG’s “undeclared” views on physician self-referral issues, particularly as they relate to anatomic pathology condominiums; and, 2) how specialist physician groups and pathologists are reacting to such issues in the real world of the …

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OIG Releases Opinion On AP Lab Condominiums

Anatomic Pathology / By

CEO SUMMARY: In responding to a request for an advisory opinion, the Office of the Inspector General (OIG) issued an advisory opinion which declares that anatomic pathology (AP) lab condominiums “could potentially generate prohibited remuneration under the anti-kickback statute.” It also voices concerns about how the operation of such AP laboratory condos could violate the …

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Visit To A Path Condo Lab: “You Are Not Welcome”

Pathology Trends / By

NO “WELCOME MAT” greets visitors to an anatomic pathology (AP) condominium complex. That was certainly true last month when an agent of THE DARK REPORT attempted to visit a lab condo complex in San Antonio, Texas. Operated by UroPath, LLC, the lab condo complex is located at 7909 Fredericksburg Road in Suite 150. Also in …

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“Waiver of Charges”: What Makes It Work

The Dark Report / By

CEO SUMMARY: Little-used in the 1990s, when laboratory test ordering and billing practices were under intense scrutiny by federal regulators, the strategy of “free testing” is popping up in more regions around the country. To comply with compliance guidelines, labs using this strategy generally ask the physician to sign contracts representing and warranting that circumstances …

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Medicare “Bill Back” Policies Vary By Lab

Laboratory Compliance / By

CEO SUMMARY: When it comes to the subject of Medicare medical necessity, the classic “compliance conundrum” is again at work. Laboratories with conservative, strict compliance policies believe they are at a disadvantage at retaining physician-clients and winning new accounts when compared to other laboratories in their city which may be operating with more liberal, looser …

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