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competitive bid

April 4 Fed Court Ruling Opened Door to Injunction

CEO SUMMARY: Federal Judge Thomas J. Whelan’s ruling on three key legal points on Friday, April 4, was the first court victory needed by three San Diego-area labs in their lawsuit to prevent the Medicare Laboratory Competitive Bidding Demonstration in San Diego from proceeding. Judge Wh…

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Federal Judge to Look at CMS Rule-Making in Anti-Markup Case

THERE’S BEEN WIDESPREAD INTEREST across the lab industry to news that on March 31, Uropath, LLC, won a preliminary injunction in its case to prevent the federal Centers for Medicare & Medicaid Services (CMS) from implementing an anti-markup regulation for patho…

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Medicare Competitive Bid Lawsuit Heads toward a Judge’s Ruling

LOOK TO APRIL 7 FOR THE NEXT DEVELOPMENT in the federal court case filed by three San Diego-area laboratories challenging the Medicare Laboratory Competitive Bidding Demonstration Project. That’s when the judge is expected to rule on the case. The latest development was on March 14, when federal l…

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Judge Rules Against Labs In Medicare Lab Bid Case

CEO SUMMARY: On February 14, Federal District Judge Thomas J. Whelan denied the request for a temporary restraining order (TRO) by three San Diego labs that would have stopped the Medicare Laboratory Competitive Bidding Demonstration pilot project until several legal challenges were adjud…

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Citizens Taking on the Government

IT WAS P.J. O’ROURKE WHO SAID THAT “giving money and power to government is like giving whiskey and car keys to teenage boys.” I think of that quote when I ponder the Medicare Laboratory Competitive Demonstration Project and the twisted reasoning of the faceless bureaucrats at the Cente…

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February 11, 2008 “Intelligence: Late Breaking Lab News”

In an attempt to stop or delay the start of the Medicare Laboratory Competitive Demonstration Project for the San Diego-Carlsbad-San Marcos SMA (statistical metropolitan area), a lawsuit has been filed in federal court by Internist Laboratory of Carlsbad, Sharp Healthcare …

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“Here’s to Plain Talk and Clear Understanding!”

“WELL, SIR, HERE’S TO PLAIN TALK AND CLEAR UNDERSTANDING.” That’s a well-known line in the classic 1941 detective movie, “The Maltese Falcon.” It’s spoken by the Kasper Gutman character, played by Sidney Greenstreet, to San Francisco private eye, Sam Spade, played by Humphrey Bogart. Gu…

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Labs Face “Coercive” Bid, Not Competitive Bidding

CEO SUMMARY: In the weeks since the December 5 bidders’ conference in San Diego, where Medicare officials took the wraps off the complete requirements for the Laboratory Bidding Demonstration Project, the Clinical Laboratory Coalition has begun to consider strategies to delay or cancel …

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Analyzing Lab Bid Demo To Predict Its Outcome

CEO SUMMARY: After two decades of study and preparation, the Centers for Medicare & Medicaid Services (CMS) is pushing the laboratory profession toward the first pilot site in the Congressionally-mandated Medicare Clinical Laboratory Services Competitive Demonstration Project. Designe…

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Numerous Issues Identified With Bid Demo’s 303 Tests

CEO SUMMARY: One experienced expert in billing and coding was surprised at the list of 303 tests to be included in the Medicare Laboratory Competitive Bidding Demonstration Project. He notes that the list of 303 tests includes a number of codes and descriptions that are not consistent wit…

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