competitive bid

AAB’s Suit Prevails over NY State Following 11 Years of Litigation

SCORE A BIG WIN FOR THE GOOD GUYS! An appeals court in New York state has upheld a lower court ruling that the New York State Department of Health (NYSDOH) intentionally overcharged clinical laboratories for the costs of regulating clinical laboratories and blood banks, possibly goin…

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Two Years Later, CMS Still Holds Labs’ Competitive Bid Documents

IF ACTIONS SPEAK LOUDER THAN WORDS, then the federal government sends a clear message by its repeated refusal to return bidding documents to laboratories involved with the now-defunct Medicare Clinical Laboratory Services Competitive Bidding Demonstration project. That’s because, more than two yea…

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Healthcare Reform and Threats to Lab Testing

CEO SUMMARY: Annual healthcare spending now pushes past $2.5 trillion and this summer’s debate about how to best reform healthcare in the United States will be raucous and emotional. For the laboratory testing industry, the stakes are immense. THE DARK REPORT identifies two pri…

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CMS Refuses to Return Competitive Bid Docs

CEO SUMMARY: The Acting Secretary of Health and Human Services (HHS) has refused the request of three San Diego-area labs for the return of their bid documents—even though the competitive bidding demonstration project was repealed by Congress last July. The HHS Acting Secretary…

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San Diego Labs Pursue Return of Bids from Medicare Officials

HAVING WON a significant court ruling last spring that stopped the Medicare Laboratory Testing Competitive Bidding Demonstration Project dead in its tracks, three San Diego-area laboratories are scheduled to return to court today. Important legal issues still need resolution. At today’s scheduled …

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Patient Retest Effort Is Extraordinary Event

IT IS NOT OFTEN THAT WE DEVOTE AN ENTIRE ISSUE TO A SINGLE TOPIC. The last single-topic special issue of THE DARK REPORT was almost exactly one year ago, when we provided the laboratory industry’s most detailed assessment of the Medicare Part B Competitive Bidding Demonstration Project, the details…

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2008’s Top Ten Lab Stories Lacked Disruptive Impact

CEO SUMMARY: For the first time in recent memory, a year has passed without major tumult or disruptive change in the laboratory industry. Our list of the Top Ten Most Important Stories of 2008 reflects a rather quiet year when compared to most years of this decade. Howeve…

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New Senate Bills Include Repeal of Competitive Bid

CEO SUMMARY: One proposed Senate bill would repeal the laboratory competitive bidding demonstration project, replace the 10.1% cut to physician fees with a 1.1% increase, and extend the so-called technical component (TC) grandfather clause. Senator Max Baucus (D-Montana),…

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Courts Uphold Labs’ Challenges on CMS’ Rules

SINCE MARCH 31, THE FEDERAL CENTERS FOR MEDICARE & MEDICAID SERVICES (CMS) has lost two decisions in two different U.S. district courts. Though each case addressed fundamentally different issues, the rulings were remarkably similar. In both cases, the courts questioned CMS’ fai…

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Three San Diego Labs Stop Competitive Bid Demo

CEO SUMMARY: Last Tuesday, a federal judge handed a big court victory to the three plaintiffs in their lawsuit seeking to delay or stop implementation of the Medicare Laboratory Competitive Bidding Demonstration pilot in the San Diego area. In his written opinion, the judge ruled in favor…

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