The Wild, Wild West of Billing by Out-of-Network Labs and Waivers of Patient Responsibility

O’Connell & Aronowitz attorneys, Jeffrey Sherrin, Kurt Bratten, and Charles Dunham, spoke at a national meeting of clinical laboratories in Las Vegas on May 19, on the complicated issue of referrals to and billing by out- of-network (OON) clinical laboratories, and the waiver of patient responsibility.  Waivers of copays, deductibles and balance billing have been used […]

HHS Proposes Rule Giving Patients Direct Access to Lab Test Results

Yesterday, the U.S. Department of Health and Human Services (“HHS”) published a proposed rule in the Federal Register which would allow medical patients to get their laboratory test results directly from the lab.  A copy of this proposed rule is available here.  At present, only a handful of states allow direct access to lab results.  […]

CMS Officially Withdraws Physician Signature Requirement

As we previously reported here and here, it was just a matter of time before the Center for Medicare & Medicaid Services (CMS) officially withdrew its rule requiring physician signatures on all laboratory requisitions for clinical diagnostic laboratory tests paid under the Clinical Laboratory Fee Schedule (CLFS). Today, CMS formally withdrew this requirement based on […]

Clinical Laboratories Recover over $5 Million in Landmark Victory over New York State Department of Health

Over $5 million is being refunded by the New York State Department of Health (NYSDOH) to 35 clinical laboratory members of the American Association of Bioanalysts (AAB), as a result of a lawsuit filed 12 years ago by O’Connell and Aronowitz.  The case was handled by Jeffrey J. Sherrin. As we previously reported, on February […]

CMS Will Change Physician Signature Requirement for Laboratory Requisitions

As we previously reported, on February 11, 2011, the Center for Medicare & Medicaid Services (CMS) informed various trade associations that it was pulling back a new rule requiring physician signatures on all laboratory requisitions. Although an official announcement to this effect was expected due to concerns expressed by lab associations and others, it appears […]

O&A Attorneys to Speak at the 2011 AAB Annual Meeting

Jeffrey J. Sherrin, Kurt E. Bratten and Charles C. Dunham, IV, will be speaking at the American Association of Bioanalysts‘ 2011 Annual Meeting and Educational Conference. The AAB’s Annual Meeting and Educational Conference is being held in Austin, Texas and runs from May 12 – 14, 2011. On May 12th, Kurt E. Bratten will be […]

April Deadline for Laboratories to Comply with N.Y. Prohibition on EHR Donations

The New York State Department of Health (DOH) announced that clinical laboratories operating in the state have until April 15, 2011 to comply with the state’s ban on donating electronic health record (EHR) systems to referring sources.  The formal statement that the state’s rules do not allow cost-sharing or donation of EHR systems came back […]

American Association of Bioanalysts’ Landmark Victory over New York State Department of Health Will Stand

On September 24, 2008, the Albany County Supreme Court issued a landmark ruling in favor of the American Association of Bioanalysts (AAB), represented by O’Connell and Aronowitz member Jeffrey J. Sherrin, against the New York State Department of Health (DOH).  AAB’s lawsuit alleged that the DOH’s Clinical Laboratory Evaluation Program was intentionally overcharging clinical laboratories […]

CMS Withdraws Physician Signature Requirement for Laboratory Requisitions

On February 11, 2011, the Center for Medicare & Medicaid Services (CMS) informed various trade associations that it was pulling back a new rule requiring physician signatures on all laboratory requisitions. Although an official announcement has not been made, CMS told several associations, including the American Association of Bioanalysts and the National Independent Laboratory Association, […]