Creative clinical laboratory arrangements seem to be proliferating of late in Pennsylvania. Laboratories, like many providers, are eager to find ways to more closely align with referring physicians. Such arrangements can take a variety of forms such as shared space and personnel arrangements as well as various kinds of marketing arrangements.

Providers considering such arrangements should be aware of recent amendments to the Pennsylvania Clinical Laboratory Act which may effectively prohibit many such arrangements. The amendments, which were signed in to law just this month, prohibit, among other things, the following:

1. Paying or receiving commissions, bonuses, kickbacks, rebates or entering into fee-splitting arrangements for patients or clinical laboratory specimens;

2. Clinical labs from leasing or renting space, shelves, equipment or services within a health care provider’s offices;

3. Clinical labs from leasing personnel to perform any services in a health care provider’s office; or

4. Clinical labs from placing paid or unpaid personnel in a health care provider’s office to perform any service, including specimen collection.