Brennan, Manna & Diamond
Listen. Solve. Empower.
About
Our Core Values
Community Involvement
Diversity & Inclusion
Team
Practice
Contact
Resources
Events
News
Payment
Careers
Resources
Client Alerts, News Articles, Blog Posts, & Multimedia
Everything you need to know about BMD and the industry.
Client Alert
Laboratory Specimen Collection Arrangements with Contract Hospitals - OIG Advisory Opinion 22-09
May 3, 2022
On April 28, 2022, the Department of Health and Human Services, Office of Inspector General (“OIG”) published an Advisory Opinion[1] in which it evaluated a proposed arrangement where a network of clinical laboratories (the “Requestor”) would compensate hospitals (each a “Contract Hospital”) for specimen collection, processing, and handling services (“Collection Services”) for laboratory tests furnished by the Requestor (the “Proposed Arrangement”). The OIG concluded that the Proposed Arrangement would generate prohibited remuneration under the federal Anti-Kickback Statute (“AKS”) if the requisite intent were present. This is due to both the possibility that the proposed per-patient-encounter fee would be used to induce or reward referrals to Requestor and the associated risk of improperly steering patients to Requestor.
Posted by
Kathryn Hickner
News Article
Brennan Manna Diamond Congratulates 2022 Crain’s Cleveland Notables in Law
February 28, 2022
BMD Press Release
Posted by
Brennan, Manna & Diamond