Wednesday, July 27, 2022

Brief Blog: OIG Issues Advisory Against Specimen Collection Compensation

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.


Not directly related, see a current news story about a lab in trouble for "sham marketing arrangements," here.