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:
https://oig.hhs.gov/documents/advisory-opinions/1031/AO-22-09.pdf
See discussions at:
- National Law Review here.
- Dark Report (Subscription) here.
- McDermott Will & Emery here.
- BMD law firm here.
- Bass Berry here.
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Not directly related, see a current news story about a lab in trouble for "sham marketing arrangements," here.
