Arrangements between laboratories and referring physicians/physician group practices (the “physicians”) have long been subject to scrutiny by the Department of Health and Human Services Office of Inspector General (“OIG”). On June 25, 2014, the OIG released additional guidance on certain types of these arrangements in a Special Fraud Alert titled “Laboratory Payments to Referring Physicians” (the “Alert”). This Alert focuses on potential fraud and abuse risks under the anti-kickback statute (“AKS”) in (1) blood-specimen collection, processing, and packaging arrangements and (2) registry or database payments between laboratories and referring physicians.

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