Laboratory owners play an important role in the healthcare system, providing essential diagnostic services. However, they must make sure their operations are in compliance with complex regulations, particularly when dealing with Medicare claims. Allegations of...
New York Health Care Lawyers Who Have Decades Of Combined Experience
Diagnostic Testing And Reference Labs
Lab owners take note: 3 arrangements that may violate the AKS
Although the Anti-Kickback Statute (AKS) aims to prevent financial incentives that could influence medical decision-making, its enforcement can be misguided. Attempts to thwart illegal kickbacks can unintentionally deter arrangements made with the best of intentions —...
Diagnostic lab faces allegations of fraud: Important lessons from recent case
Diagnostic laboratories provide essential testing services. These healthcare facilities can face federal scrutiny and allegations of fraud. Such allegations often arise from specific practices within diagnostic labs. Common examples include: Unnecessary Testing: Labs...
Two things to know when navigating New York’s diagnostic lab landscape
Starting a diagnostic lab in New York is an exciting venture that holds the promise of both financial reward and the satisfaction of contributing to the health and well-being of the community. As with any healthcare endeavor, the process requires careful navigation of...
Genetic tests, fraud, and prison time: Important lessons for lab owners
Lab owners must maintain a difficult balance. They run a business which must make a profit, but they also must be aware of various federal regulations that guide operations. A failure to follow these regulations can result in serious consequences, as highlighted in a...
COVID-19 tests and EKRA: OIG calls for more scrutiny
The US Department of Health and Human Services’ Office of the Inspector General (OIG) recently released a report calling on federal agencies to review diagnostic and testing laboratories that bill for COVID-19 tests. The agency encourages those who review these labs...
What do I need to know before starting a diagnostic lab in NY?
Medical professionals who are interested in starting a diagnostic lab can benefit from the following tips: Check the market. This is pretty foundational to any business. Check to make sure this market makes sense for your lab. If not, look elsewhere. Spread the word....
EKRA in 2022: What do we know about the law and its impact on labs?
Lawmakers passed the Eliminating Kickbacks in Recovery Act (EKRA) in 2018. At the time, Congress touted it as a way to hold bad actors accountable for illegal kickbacks in drug treatment centers. Even then legal leaders voiced concern that the language within the law...
DOJ uses EKRA to pursue COVID fraud
The Department of Justice (DOJ) just made an already ambiguous law even more difficult to navigate. Lawmakers originally touted the Eliminating Kickbacks in Recovery Act (EKRA) as a weapon to help combat the growing opioid crisis. In reality, we have seen the...
What did we learn about EKRA in 2021?
Lawmakers enacted the Eliminating Kickbacks in Recovery Act (EKRA) in 2018 to help address the use of illegal kickbacks to physicians who would refer patients to certain treatment centers. Unfortunately, because drafters wrote the law so broadly it likely extended...

