Re: Legality of? RE: derm tech service only

From:Vinnie Della Speranza

Sorry Geoff but I think your analogy is too simplistic. I don't claim to be an expert on the Stark Law but I've been given the same impression expressed by Tim that we are discouraged ( told it is a violation) to call each other up and share price lists. I'm no attorney but I'm also not interested in having to prove the legality of my actions in a court of law. I certainly don't want a regulatory agency producing my request for pricing from a public list.
the milk analogy really doesnt apply. Your cost to perform a stain in your lab could be quite different than my cost, based upon if nothing else geographical differences in salaries. You may purchase your stains premade and I may make mine here in the lab from cheap raw materials. Reimbursement for that service may also be quite different in your state than in mine. If I call you and decide to adopt your price structure (which you may have adopted from someone else), my fee is no longer based upon my cost of doing business but based upon someone else's opinion of what a "good" price is.
The individual who wrote in to a public list asking for pricing deserves to know that his/her actions may be in violation of the Stark Law.. He/she also deserves to know that his/her price should be based upon the actual cost of performing the test, and not upon my cost (or yours) of performing the test.
I guess we are all free to decide if we are willing to risk having to endure the stress and cost of proving our point in a legal forum
just one manager's opinion
Vinnie Della Speranza
Manager for Anatomic Pathology Services
Medical University of South Carolina
165 Ashley Avenue  Suite 309
Charleston, SC 29425
Ph: 843-792-6353
fax: 843-792-8974

>>> Geoff McAuliffe <mcauliff@UMDNJ.EDU> 11/13/02 05:04PM >>>
    I am getting very tired of both friendly warnings and outright threats
about "collusion" in the setting of lab fees. People need to look up
collusion in the dictionary or better still, consult an attorney. While you
are at it, find out what "restraint of trade" is. You can get sued for that,
too. Setting lab fees based on what others charge is NOT collusion. All of
the grocery stores in my neighborhood charge about the same for a gallon of
milk. That does not mean they are in collusion.


"Morken, Tim" wrote:

> Just a friendly warning: Asking other labs about their rates and setting
> rates according to what other labs tell you they charge can be considered
> collusion by people looking for someone to sue!
> Tim Morken
> Atlanta
> -----Original Message-----
> From: Houston, Ronnie []
> Sent: Wednesday, November 13, 2002 12:55 PM
> To:
> Subject: derm tech service only
>      Can anyone share the going rate for a Tech service only charge for
>      Dermatology clients; 3 levels, H&E only.
>      Thanks
>      Ronnie Houston
>      Regional Histology Operations Manager
>      Bon Secours HealthPartners Laboratories
>      5801 Bremo Road
>      Richmond, VA 23226

Geoff McAuliffe, Ph.D.
Neuroscience and Cell Biology
Robert Wood Johnson Medical School
675 Hoes Lane, Piscataway, NJ 08854
voice: (732)-235-4583; fax: -4029

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