A laboratory's proposal to label test tubes and specimen collection containers at no cost to dialysis facilities could potentially generate administrative sanctions under the anti-kickback statute, the Health and Human Services Office of Inspector General (OIG) says in an advisory opinion released May 9 (No. 08-06).

Under the proposed arrangemnet, the lab would provide some dialysis facilities with services consisting of the labeling of test tubes and specimen collection containers used by the facilities in sending specimens to the lab for testing.

Under this arrangement, says the OIG, the lab would appear to be offering nonmonetary "discounts" to the facilities for their composite rate-covered business with the intent to induce referrals of more lucrative noncompositive rate business.

For more on the OIG opinion, see the June issue of G-2 Compliance Report.