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Effective July 1, 2014, Virginia will no longer allow mark-ups by physicians for anatomic pathology services. Specifically, Virginia practitioners will no longer be permitted to charge a fee for anatomic pathology services that is greater than the amount billed to the practitioner for the actual performance of such anatomic pathology services when such services are (i) performed by a person other than the practitioner or (ii) performed by a person not under the supervision of the practitioner. Notably, the new law does not contain a lab-to-lab exception. It does, however, contain an exception for specimen collection and transportation fees if the patient is made aware of the fees in writing prior to collection.

The new law appears to apply only to practitioners licensed by the Virginia Board of Medicine and to be restricted to anatomic pathology services, defined as “the gross or microscopic examination and histological processing of human organ tissue; the examination of human cells from fluids, aspirates, washings, brushings, or smears; or other subcellular or molecular pathology services.” It, however, remains to be seen if the prohibition will be extended to clinical laboratory services as well.

For more information, please contact:

Jenny McGovern

Jane Pine Wood

McDonald Hopkins has a large and diverse healthcare practice, which is national in scope. The firm represents a wide variety of healthcare providers, facilities, vendors, technology companies and associations. Our diverse experience enables us to give our clients a unique perspective on the issues that may confront them in the rapidly evolving healthcare environment.