College of American Pathologists




September 20, 2012
© 2012 College of American Pathologists
Special Report
PT Referral Legislation Passes House

September 20—In the closing days before leaving Washington to focus on the November elections, the House last night voted to grant CMS greater discretion in determining sanctions against laboratories violating CLIA rules on referral of PT samples to other labs for analysis.

The College sees the bill, H.R. 6118, the Taking Essential Steps for Testing (TEST) Act, as a step forward in giving CMS greater latitude in determining sanctions against labs that inadvertently violate CLIA’s proficiency testing (PT) referral rules.

The College has repeatedly expressed concern about the severity of the mandatory sanctions imposed for inadvertent violations—which can include revocation of a lab’s CLIA certificate as well as a two-year ban on operating or owning a laboratory for laboratory directors and owners.

All eyes are now on a companion bill in the Senate, S.3391. Supporters in the Senate continue to work for enactment before year’s end.

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