Foley & Lardner LLP Partners Natalie Adams and Jason Mehta are quoted in the 360Dx article, “Analysis of CMS Data Raises Alarm on Potential Genetic Testing Fraud,” discussing the present state of Medicare genetic testing fraud as government enforcement rises.
Mehta said that while genetic testing scams are the “fraud du jour” right now, “simply being an outlier doesn’t make you an outlaw.” He emphasized that these situations are not reflective of the industry overall.
Adams agreed, saying that because of the rapid speed with which genetic testing has evolved, “it’s not always clear what the rules are.” This results in confusion for many laboratories and “later, when the government tries to enforce these rules, it can be frustrating.”
Mehta explained that this current level of government enforcement has increased in sophistication, with the government now not solely focused on numbers but instead examining different testing arrangements, screening utility, and the efficacy of a test.
The attorneys maintain that the government needs to do more to inform labs of the rules on the front end. “It’d be a shame if we focused on back-end enforcement to the detriment of innovation,” Adams added.