tci Part B Insider - 2008 Issue 18

ANTI-KICKBACK STATUTE: Labs Offering Favors at No Charge May Violate Anti-Kickback Rules

Simply labeling test tubes on behalf of a dialysis facility could be going too far, the OIG saysSometimes 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 anti-kickback statute,-...

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