TAG:
american clinical laboratory
Two Federal Court Decisions Are Bad News for Labs
By R. Lewis Dark | From the Volume XXV No. 14 – October 1, 2018 Issue
Every pathologist and clinical lab administrator should pay attention to two federal court decisions made recently in two different legal cases. One decision is bad news for the entire clinical lab industry. The other is bad news for lab companies that push compliance with federal anti-kickback laws….
FDA Issues Response to Draft Legislation to Regulate LDTs
By Joseph Burns | From the Volume XXV No. 12 – August 20, 2018 Issue
DURING HER ADDRESS TO THE ANNUAL MEETING of the American Clinical Laboratory Association meeting in March, Rep. Diana DeGette (D-Colo.) explained why she and others in Congress had developed the Diagnostic Accuracy and Innovation Act (DAIA), a discussion draft that would give the FDA…
CMS Shows Its Hand in New Draft Rules for 2019
By Joseph Burns | From the Volume XXV No. 11 – July 30, 2018 Issue
CEO SUMMARY: Publication of the draft Medicare Physician Fee Schedule on July 12 brought unwelcome news for the clinical lab industry, at least as it pertains to whether hospital lab outreach data should be included in the PAMA market study that the federal Centers for Medicare and Medica…
CMS physician fee schedule: Will hospital labs be excluded again from PAMA price reporting?
By R. Lewis Dark | From the Volume XXV No. 11 – July 30, 2018 Issue
CEO SUMMARY: Publication of the draft CMS Physician Fee Schedule on July 12 brought unwelcome news for the clinical lab industry, at least as it pertains to that perennial question: Should hospital lab outreach data be included in a PAMA market study? The federal Centers for Medicare and …
In Lawsuit Against HHS, ACLA Has Strong Positions
By Joseph Burns | From the Volume XXV No. 9 – June 18, 2018 Issue
CEO SUMMARY: Rulings from Judge Amy Berman Jackson of the U.S. District Court in Washington, D.C., are expected soon in the ACLA’s lawsuit against HHS concerning the PAMA final rule that set the course for the new Medicare CLFS rates implemented in January 2018. One lawyer following the…
Response to FDA’s Gottlieb on Reducing Regulatory Burden
By Joseph Burns | From the Volume XXV No. 6 – April 16, 2018 Issue
IN PREPARED REMARKS at a clinical lab industry meeting last month, FDA Commissioner Scott Gottlieb, MD, outlined steps the federal Food and Drug Administration would take to reduce the regulatory burden on labs that develop next-generation gene sequencing and lab-developed tests. He …
Legal Briefs Explain Problems with PAMA Implementation
By Joseph Burns | From the Volume XXV No. 6 – April 16, 2018 Issue
CEO SUMMARY: Several developments have moved the case forward since December when the American Clinical Laboratory Association filed suit in federal court against the Department of Health and Human Services. Inrecent weeks, ACLA filed for summary judgment; HHS responded with its own reque…
FDA’s Gottlieb Favors Flexibility with LDTs, NGS
By Joseph Burns | From the Volume XXV No. 5 – March 26, 2018 Issue
CEO SUMMARY: FDA Commissioner Scott Gottlieb said the FDA wants to reduce the regulatory burden on developers of next-generation sequencing (NGS) and laboratory-developed tests (LTDs). He also wants to give the FDA more flexibility in how it conducts clinical analysis and validation. To d…
ACLA Sues HHS, Claims Flaws In How CMS Set 2018 Rates
By Joseph Burns | From the Volume XXV No. 4 – March 5, 2018 Issue
CEO SUMMARY: When the American Clinical Laboratory Association filed its lawsuit Dec. 11 against the Secretary of Health and Human Services, one of its main claims is that HHS collected payment data on the clinical laboratory testing business in a manner that was deeply flawed. HHS then u…
January 22, 2018 Intelligence: Late Breaking Lab News
By Robert Michel | From the Volume XXV No. 2 – January 22, 2018 Issue
In a first for Australia, a pathology lab was given authorization to use patient-collected cervical specimens from eligible women for cervical cancer screening purposes. VCS Pathology of Melbourne, Victoria, was given this authorization by Australia’s National Association o…
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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