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O U T P A T I E N T S U R G E R Y M A G A Z I N E O N L I N E | S E P T E M B E R 2 0 1 5
Are Your GI Lab Services Legal?
Exclusive pathology contracts can attract anti-kickback scrutiny.
D
o your
gastroen-
terologists
outsource their lab-
oratory services? If
so, you'd best
ensure that their
billing arrange-
ments are on the
level, because a
recent advisory
opinion from feder-
al watchdogs has
put a common
endoscopy center
business practice
under the micro-
scope.
Arrangements under
scrutiny
In a rare negative
advisory opinion
(osmag.net/Ah2yVT),
the Department of Health & Human Services' Office of Inspector
General (OIG) says that an exclusive pathology arrangement between
a physician practice and a laboratory may violate the federal Anti-
Kickback Statute. In particular, the OIG warned, labs that systematical-
ly waive payments for patients whose insurers don't contract with the
L E G A L U P D A T E
John D. Fanburg, JD
z A CLOSER LOOK Federal regulators are suspicious of
exclusive arrangements between path labs and gastro providers.
