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Specialty Laboratories Announces Action by the Centers for Medicare and Medicaid Services.


Business Editors & Health/Medical Writers

SANTA MONICA Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries. , Calif.--(BUSINESS WIRE)--April 15, 2002

Specialty Laboratories, Inc. (NYSE NYSE

See: New York Stock Exchange
:SP) (Specialty) today announced action taken by the federal Centers for Medicare and Medicaid Services The Centers for Medicare and Medicaid Services (CMS), previously known as the Health Care Financing Administration (HCFA), is a federal agency within the United States Department of Health and Human Services (DHHS) that administers the Medicare program and  (CMS (1) See content management system and color management system.

(2) (Conversational Monitor System) Software that provides interactive communications for IBM's VM operating system.
) as the result of alleged non-compliance by Specialty with requirements of the federal Clinical Laboratory Improvements Act of 1988 (CLIA-88), including, subject to appeal, revocation The recall of some power or authority that has been granted.

Revocation by the act of a party is intentional and voluntary, such as when a person cancels a Power of Attorney that he has given or a will that he has written.
 of Specialty's CLIA-88 certificate and termination of its right to payment under the Medicare and Medicaid Medicare and Medicaid

U.S. government programs in effect since 1966. Medicare covers most people 65 or older and those with long-term disabilities. Part A, a hospital insurance plan, also pays for home health visits and hospice care.
 programs.

As previously announced, in June and October 2001 Specialty underwent inspections by the California Department of Health Services Department of Health Services may refer to:
  • Los Angeles County Department of Health Services
  • California Department of Health Services a California state agency
 (CDHS CDHS California Department of Health Services
CDHS Colorado Department of Human Services
CDHS Center for Development of Human Services
CDHS Central Dauphin High School (Harrisburg, PA, USA)
CDHS Comprehensive Data Handling System
) representing the State of California and acting as agent of CMS under CLIA-88. As a result, Specialty was cited by CDHS with 20 deficiencies under California law California Law consists of 29 codes, covering various subject areas, the State Constitution and Statutes. See also
  • Statute
  • Bill (proposed law)
  • California State Legislature
External links
  • http://www.leginfo.ca.
 and CLIA-88. A separate statement indicating 12 overlapping deficiencies under CLIA-88 was issued by CMS in February 2002 based upon the same inspections. CDHS and CMS indicated that if Specialty failed to correct a total of six of the deficiencies, relating primarily to personnel licensing and the enforcement of regulatory requirements, Specialty would face monetary and other penalties, up to and including revocation of its CLIA-88 license.

Specialty submitted a response and corrective action A corrective action is a change implemented to address a weakness identified in a management system. Normally corrective actions are instigated in response to a customer complaint, abnormal levels if internal nonconformity, nonconformities identified during an internal audit or  plan to CDHS in December 2001 in response to the CDHS statement of deficiencies. A more detailed response and corrective action plan was submitted to CMS in February 2002 in response to the CMS statement of deficiencies. By letter dated February 28, 2002, CDHS determined that Specialty's December 2001 submission did not constitute a credible allegation of compliance. As reported by Specialty on April 11, the State of California has notified Specialty of its intent to impose a directed plan of correction, random onsite monitoring and a fine, but not revocation of Specialty's license. Specialty has until April 26, 2002 to appeal or accept this determination.

Separately, by letter dated April 12, 2002 and based upon the conclusions of CDHS, CMS has determined that Specialty's February 2002 response does not constitute a credible allegation of compliance. CMS' principal allegations are the same as those of CDHS: that testing is performed and supervised by persons not properly licensed to do so under California law and that there is not sufficient monitoring to ensure that this will not continue in the future. As a result, CMS has taken action consisting of revoking Specialty's CLIA CLIA Clinical Laboratory Improvement Amendments of 1988 Congressional legislation that promulgated quality assurance practices in clinical labs, and required them to measure performance at each step of the testing process from the beginning to the end-point of a  certificate, canceling its approval to receive Medicare and Medicaid payments, imposing a civil money penalty of $3,000 per day for each day of non-compliance and imposing a directed plan of correction by which CMS may notify Specialty's customers of its non-compliance and the nature and effective date of any sanctions imposed.

Specialty has the right to appeal the above CMS action and intends to do so. Specialty will also make additional efforts to convince CMS to rescind To declare a contract void—of no legal force or binding effect—from its inception and thereby restore the parties to the positions they would have occupied had no contract ever been made.


rescind v.
 its action or settle its claims. The revocation of Specialty's CLIA certificate is effective April 22, 2002, but will be stayed for the full duration of Specialty's administrative appeal, and the revocation will not become effective if Specialty is successful in this appeal. If the revocation is upheld, Specialty will have to cease performing laboratory testing.

The termination of Medicare and Medicaid payments is effective for services performed by Specialty on and after February 22, 2002. Specialty believes that this sanction will not affect testing for Medicare and Medicaid patients for whom it bills its hospital and other clients, but will instead apply only to testing for which Specialty bills the Medicare and Medicaid programs directly. Specialty estimates that the affected Medicare and Medicaid testing currently represents less than 6% of its revenue. Specialty plans to continue to perform testing on behalf of Medicare and Medicaid patients during its appeal of the CMS action. If successful in its appeal, Specialty will receive reimbursement retroactively ret·ro·ac·tive  
adj.
Influencing or applying to a period prior to enactment: a retroactive pay increase.



[French rétroactif, from Latin
 to the February 22 effective date of the payment sanction.

The civil money penalty of $3,000 per day applies to each day of non-compliance on or after February 22, 2002. This penalty will not be collected if Specialty is successful in its appeal.

Specialty believes that it has at all times provided the highest quality clinical diagnostic testing Diagnostic testing
Testing performed to determine if someone is affected with a particular disease.

Mentioned in: Von Willebrand Disease
 services. Specialty continues to actively implement its plan of correction and believes that it is now in compliance with all applicable regulations. Specialty believes that its efforts since the survey date will be taken into consideration in the appeals process.

About Specialty

Specialty Laboratories, a leading research-driven clinical reference laboratory serving the hospital, laboratory and physician specialist community, offers a broad menu of more than 3,200 specialized tests. Specialty complements its clinical testing services and national distribution channel with distinguished R&D capabilities. Through internal research programs and partnerships with discovery companies, Specialty focuses on the development of new and enhanced tests that provide excellent clinical value for reliable and cost-effective patient assessment. In addition, Specialty's commitment to innovative information technology applications and the electronic reporting of clinical data has made it a leader in serving the needs of hospitals and physician specialists. Today, Specialty is recognized as the largest single source of specialized testing in the United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. . Specialty's web address is www.specialtylabs.com.

Safe Harbor Safe Harbor

1. A legal provision to reduce or eliminate liability as long as good faith is demonstrated.

2. A form of shark repellent implemented by a target company acquiring a business that is so poorly regulated that the target itself is less attractive.
 Statement under the Private Securities Litigation Reform Act The Private Securities Litigation Reform Act of 1995 (PSLRA) implemented several significant substantive changes affecting certain cases brought under the federal securities laws, including changes related to pleading, discovery, liability, class representation and awards fees and  of 1995:

This release contains forward-looking statements that involve risks and uncertainties, including, but not limited to, statements concerning the possible success of Specialty's appeal of the actions taken by CMS, and its efforts to convince CMS to rescind its action or settle its claims. There can be no assurance that Specialty will be able to win its appeal of the actions taken by CMS, that the revocation of its CLIA license will be reversed, that it will be successful in becoming eligible for Medicare and Medicaid payments, or that the civil money penalty imposed by CMS will not be collected. Important factors which could cause our actual results to differ materially from those expressed or implied in the forward-looking statements are detailed under "Risk Factors" in filings with the Securities and Exchange Commission made from time to time by Specialty Laboratories, including our Registration Statement on Form S-1 declared effective on December 8, 2000 and our periodic filings on Forms 10-K, 10-Q and 8-K. Specialty undertakes no obligation to release publicly any revisions to any forward-looking statements to reflect events or circumstances occurring after the date hereof or to reflect the occurrence of unanticipated events.
COPYRIGHT 2002 Business Wire
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2002, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Date:Apr 15, 2002
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