Health Law Alert: CMS Ranks Labs as "Moderate" Risk

Baker Donelson
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Ober|Kaler's Health Law attorneys are regular contributors to Medical Laboratory Observer's "Liability and the Lab" column at mlo-online.com. This article appears in the May 2011 edition.

Q: Can you explain some of the new Medicare and Medicaid regulations established to prevent fraud?

A: Effective March 25, 2011, the Centers for Medicare and Medicaid Services (CMS) implemented new regulations designed to enhance enrollment procedures to protect against fraud — required by provisions in the 2010 healthcare-reform legislation. One of the key components of these new regulations is the separation of providers and suppliers into three categories (“limited,” “moderate,” or “high” risk), with more rigorous screening procedures as the perceived risk increases. Independent clinical laboratories have been identified as “moderate” risk, although a provider’s or supplier’s risk category may change over time as warranted by CMS’ risk assessment.

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