The interaction between a laboratory's specimen collection reimbursement to providers, and, anti-kickback laws, is a complex one. I am not an attorney, but I have always heard that "fair market value" was one of the key policy considerations.
A new OIG advisory opinion has been posted (OIG 22-09) which raises some important concerns or subtleties around fair market value and other parts of the safe harbor concepts.
Find the original opinion here:
See discussions at:
- National Law Review here.
- Dark Report (Subscription) here.
- McDermott Will & Emery here.
- BMD law firm here.
- Bass Berry here.