Industry Buzz: ACLA Goes for Kill in PAMA Lab Fees Challenge Case

Attorneys for the American Clinical Laboratory Association asked the federal court for summary judgment in its lawsuit challenging the legality of the new PAMA-based Medicare Part B fee schedule for lab tests. Specifically, ACLA contends that the HHS exceeded its authority and ignored the PAMA legislation by omitting hospital and reference labs from pricing data used to set fee rates for lab services under the law. For more about the lawsuit, see GCA, Dec. 11, 2017.] If the court does grant summary judgment it would essentially be saying that it has enough of a basis to rule that ACLA’s claims are legally valid without holding a trial. If it denies the motion, a trial will be necessary—unless, that is, HHS brings and wins its own summary judgment motion.