tci Medicare Compliance & Reimbursement - 2008 Issue 20

Compliance: Labs Offering Favors May Violate Anti-Kickback Rules

Simply labeling test tubes on behalf of a dialysis facility could be going too far, the OIG says Sometimes it doesn't pay to be nice -- at least according to the OIG's latest advisory opinion. An anonymous contact asked the OIG to offer an opinion on whether a laboratory was breaking any rules by labeling test tubes and specimen collection containers at no cost to dialysis facilities. The OIG responded on May 9 with Advisory Opinion No. 08-06, in which Lewis Morris, chief counsel to the Inspector General, notes that the arrangement "could potentially generate prohibited remuneration under the...

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