You mean lower pricing than yours. Pass through billing markets minimal, but they competitive and it’s usually the smaller labs (under the OIG radar) who take chances with below cost of testing/below fair market value pricing. The compliance teams at both labs would not let pricing go through if it’s not 20-30% above cost of testing. Cost of testing is lower with large labs based on fundamental principles of economics. Although you implied an anti-kickback infringement, there is no inducement if the physician pricing is above cost of testing.
"There have been DC Congressional and House inquiries about this practice for years - and it isn't it strange that they continually go nowhere. Why is that Mr Big LCA Executive guy?"
I don’t work or speak for Labcorp, but the big box labs have no interest in pass through billing markets. It’s only an advantage to small labs where pricing is the only value they can offer. The lobbying efforts are coming from the physicians who stand to lose a revenue stream – some substantial. Network physicians are far more important and have far more pull than vendors.
There are pages and pages of this for those who care to look.
It continues today - and the process just goes on and on.
Attorney General Kamala D. Harris Announces $49.5 Million Settlement with Labcorp
August 31, 2011 at 6:34 PM
August 30, 2011
SAN FRANCISCO -- Attorney General Kamala D. Harris today announced a $49.5 million settlement with Laboratory Corporation of America, the state's second largest provider of medical laboratory testing, stemming from a lawsuit alleging illegal overcharges to the state's medical program for the poor. The settlement with Labcorp will bring the total recovered so far in the Attorney General's lab test pricing cases to $298 million.
"Medical providers and professionals who attempt to abuse Medi-Cal are draining healthcare resources from the millions of California families and children who rely on the program," said Attorney General Harris. "In this time of difficult public budgets, we will make it a high priority to track down those who engage in excessive charges, false claims or illegal kickbacks of Medi-Cal funds."
The settlement with Labcorp is the result of a lawsuit filed under court seal in 2005 by a whistleblower and referred to the Attorney General's office. The lawsuit alleged that Labcorp and other medical laboratories systematically overcharged the state's Medi-Cal program for more than 15 years and gave illegal kickbacks in the form of discounted or free testing to doctors, hospitals and clinics that referred Medi-Cal patients and other business to the labs.
In May, Attorney General Harris announced a settlement of $241 million with Quest Diagnostics for the same alleged practice.
According to the allegations in the lawsuit, Labcorp charged Medi-Cal over five times as much as it charged some other customers for certain tests. For example, Labcorp was accused of charging Medi-Cal $35.04 to test for total testosterone, while it allegedly charged another customer $7.36 for the same test.
Under the state's False Claims Act, any person with previously undisclosed information about a fraud, overcharge, or other false claim can file a sealed lawsuit on behalf of California to recover the losses, and is entitled to a share of the recovery in some cases. Such individuals become plaintiffs and are known as "whistleblowers," "qui tam plaintiffs," or "relators."
In this case, the whistleblowers were Chris Riedel and his company Hunter Laboratories. Hunter Laboratories allegedly found it could not compete in a significant segment of the marketplace where major medical laboratories such as Labcorp offered doctors, hospitals and clinics far lower rates than they were charging Medi-Cal. Riedel and Hunter were represented by Niall P. McCarthy of Cotchett, Pitre & McCarthy, LLP, who filed the original whistleblower complaint in 2005 and worked closely with the Attorney's General's Office throughout the entire litigation.
The Attorney General's Bureau of Medi-Cal Fraud and Elder Abuse conducted an intensive three-year investigation that uncovered widespread abuse of Medi-Cal by medical testing laboratories in California, and pursued complaints against several of the labs.
Based on allegations in the complaints, the California Department of Health Care Services, which administers the Medi-Cal program, launched an independent statewide audit of medical laboratories. Through reform of industry pricing practices stemming from this case, Medi-Cal is expected to save hundreds of millions of dollars.
"This settlement reinforces the state's strong commitment to fight fraud against Medi-Cal and all of the state's vital health care programs," said Toby Douglas, director of the Department of Health Care Services. "We will continue to work with our partners at the Department of Justice to ensure that tax dollars invested to serve our state's most vulnerable residents are protected."
Besides providing compensation to the whistleblower under statutory guidelines, the settlement is designed to reimburse the state's Medi-Cal program and the Attorney General for expenses in investigating and prosecuting false claims actions. After payment of the whistleblower share, the government will receive $35,145,000 as a result of this settlement.
The settlement also requires Labcorp to report information to assist the state in determining Labcorp's future compliance with Medi-Cal's pricing rules.
Similar cases are still pending against three other defendants.
Also assisting in the case was the Office of the Inspector General of the U.S. Department of Health and Human Services.
Among those in the Attorney General's office who were instrumental in this case: Aviva Burmas, Doug Cantrell, Sharon Crotteau, Vincent DiCarlo, Dennis Fenwick, J. Timothy Fives, Brian Frankel, Alissa Gire, Jennifer Gregory, David Guon, Sharon Harris, Brian Keats, Eileen Landon, Linda McCrackin, Larry Menard, Kelli O'Neill, Susan Park, Kim Reed, Marcy Rodriguez, James Shannon, Annette Silva, Jill Spitz, Tom Temmerman, Claude Vanderwold, Kenneth Vo, Lawrence Wold, Mark Zahner, and Gary Zerbey.
A copy of the complaint, which has been redacted by court order at Labcorp's request to remove allegedly confidential business information, can be found here:
http://ag.ca.gov/cms_attachments/press/pdfs/n2556_complaint1.pdf. The settlement agreement can be found here:
http://ag.ca.gov/cms_attachments/press/pdfs/n2556_settlement1.pdf.
To report fraud or abuse, call the Bureau of Medi-Cal Fraud and Elder Abuse hotline at (800) 722-0432.