G2 Compliance Corner

A laboratory has placed several dozen computers in its clients’ offices for the sole purpose of ordering tests and receiving test results. The computers are interfaced with the laboratory information system (LIS). The laboratory replaces its LIS, requiring a rebuild of the interfaces and the test ordering database on the computers in the physician offices, after which the systems will have to be tested. Some clients do not want to take the time to do the testing and have asked the laboratory for help, in some cases, they want the lab to pay the physician for the cost of this work. Is there a way to accomplish this without violating the Anti-Kickback or Stark laws? The laboratory should offer their clients the use of an outside vendor, paid by the laboratory. The laboratory should not pay the physician office directly for the work because this would create a financial relationship with the physician implicating both the Anti-Kickback and Stark laws and regulations. In this scenario, there is no financial relationship or compensation arrangement with the physician office, significantly reducing the compliance risks. As with any Stark, Anti-Kickback or other compliance issue, the analysis depends on the individual facts of each case and laboratories should always seek guidance from legal counsel familiar with the Stark and Anti-Kickback laws and regulations.