CMS rules labs cannot provide free cervical biopsy brushes to clinicians

CMS recently issued an advisory opinion that says it is a violation of the Stark Law for a laboratory to provide free disposable cervical biopsy brushes to their clinician clients. CMS issued a separate advisory opinion at the same time, however, that states it is legal for a laboratory to provide free Pap smear collection equipment to its clinician clients. The opinions, CMS-AO-2013-01 and CMS-AO-2013-02, were issued in October 2013 after the agency received requests from an unnamed clinical laboratory (the “requestor”) to look into these issues.