A lawsuit was filed on behalf of the Federal government that claims LabCorp operated a “pull-through” scheme to force doctors covered by insurers to use LabCorp for all medical testing. The suit claims LabCorp (NYSE: LH) offered illegal discounts to doctors in exchange for referring all their patients who need laboratory testing to the company.  According to federal anti-kickback laws, it’s illegal for health care companies to directly or indirectly compensate other parties to encourage them to order any service paid for by the federal health care programs.

Under federal law, companies can’t charge or participate in the Medicare or Medicaid program if they violate federal laws. The suit claims LabCorp charged Medicaid and Medicare more than $1 billion, which is about 20% of the companies total income. If LabCorp is found guilty they will not be allowed to conduct lab tests on anyone covered by Medicaid and Medicare, which is a large portion of LabCorps testing income.

On other news, LabCorp secured a new credit line of $1 billion. What a coincidence.

LabCorp is being sued for allegedly violating the civil rights of an employee who complained about a supervisor’s racial remarks.

James Litomisky filed suit against Laboratory Corp. of America on June 27 in federal court of New Orleans. In the lawsuit, Litomisky argues he was terminated from his employment with LabCorp in retaliation for his objecting to, opposing, and refusing to cooperate with LabCorp’s discrimination against its employees with respect to the terms and conditions of their employment on the basis of their race.

Specifically, Litomisky alleges his supervisor made racist remarks regarding African American LabCorp employees. He objected to this language and complained to the human resource department. He was told the employees who were the butt of the racial comments must file complaints in writing on the proper forms for any action to be taken.

Less than a month later, he was placed on a performance improvement plan, allegedly in retaliation for his complaints about the discriminatory behavior. Litomisky also argues that his supervisor directed him to falsify quarterly performance management reviews of two African-American employees so that his supervisor could terminate them. Initially, he complied with the directive, but the next day he informed human resources of the incident and corrected the reviews. He was terminated from his position in October 2010, the lawsuit says.

The defendant is accused of violating the Louisiana Human Rights Act and the Louisiana Whistleblower Act. The plaintiff is seeking damages for back pay, reinstatement or in lieu of reinstatement, front pay, compensatory damages including medical expenses, pecuniary damages, damages for emotional distress, lost wages and benefits, punitive damages and attorney’s fees.

The United States Department of Labor is investigating Labcorp for not being in compliance with their affirmative action plan and for discriminating against certain sectors of the population. In a recent letter received by LabCorp Sucks from a former employee, the U.S. Department of Labor, Employment Standards Administration’s Office of Federal Contract Compliance Programs requested that their Jacksonville, Florida office consider the allegations made by the former employee when conducting future compliance evaluations of Laboratory Corporation of America

If Laboratory Corporation of America (LabCorp) is found to not be in compliance and fails to correct the problems, they can be sanctioned and could even be restricted from participating in the Medicaid and Medicare program, two major income sources for the Laboratory company. LabCorp can also be prohibited from participating in other government programs, including the CHAMPUS program (The Civilian Health and Medical Program of the Uniformed Services) that provides laboratory services to government employees, and to Veterans Administration program beneficiaries. LabCorp currently contracts with all these government programs to provide reference laboratory services to program participants. Since many HMOs that serve the beneficiaries of these federal programs also contract with LabCorp, the HMOs would also be restricted from using LabCorp. The loss in business could be in the hundreds of millions and could be catastrophic to LabCorp stock (NYSE: LH).

LabCorp’s discrimination problems have been well known to company insiders. The company has various lawsuits pending and has had to settle others by paying out millions. In a recent Florida case, LabCorp even had to fire the law firm representing them after accusations of obstruction of justice by the firm.

LabCorp’s total revenues for the fourth quarter rose to $1.17 billion, up from $1.12 billion the year before. For the full year, the company had profits of $543.3 million, up from earnings of $464.5 million in 2008. The increase also includes all the income from the labs that Labcorp has acquired.

Labcorp also announced that it will be spending $250 Million to buy back shares of their own stock. Labcorp’s Chairman and CEO David King said “ We remain optimistic about the growth opportunities that lie ahead for us in 2010, and we are well positioned to capitalize on them.”  I highlight the word lie because while he was making the statement, he was filing with the Securities and Exchange Commission that he had just sold shares of LabCorp stock and pocketed over $171,960 in profits. You would think that when the head of a company announces positive results and claims to be “optimistic about the growth opportunities” he would be buying stock, not selling it. But then he owns lots of LabCorp stock and could have sold for other reasons.

One thing that LabCorp CEO David P. King didn’t boast about is that of a rumored investigation of LabCorp by the US Department of Labor, Employment Standards Administration, Office of Federal Contract Compliance Program. According to posts in CafePharma.com, LabCorp’s Florida operations are in trouble. They had to settle an employment lawsuit at a rumored cost of about $2.7 Million. In addition, they have a pending Federal lawsuit from a former employee that has not gone too well for them. With allegations of witness tampering and obstruction of justice, LabCorp has had to fire the law firm that was handling the case. The posts include the following:

OFCCP would like to hear from those who have been discriminated against based on a protected characteristic. (personal info removed) A formal recommendation has been made for an investigation of LCA Florida. Those who aren’t afraid to get their hands dirty, write:

US Department of Labor
Employment Standards Administration
Office of Federal Contract Compliance Program
Charles E Bennett Federal Building
400 West Bay Street
Room 939
Jacksonville, Florida 32202

or call:

(904) 351-0551

SUBJECT: LABCORP CONDUCT IN FLORIDA.

 All correspondence is confidential. 

Here’s an email that I recently received. It tells the complete story:

Couldn’t believe that there is a whole website devoted to Labcorp screw ups! On November 23rd, 2009, my husband and I both went to Labcorp with physicians work orders in hand. After waiting about an hour, we finally had our respective blood drawn. My husband’s was routine. I am a cancer patient and had two orders, one from my oncologist and the other from my primary care doctor. Even though the facility was very busy and it was a Monday (I should have known better), there was only one phlebotomist on hand. She stated that she was the only one drawing blood there for the past month.

We never heard from our doctor with the results, so on a visit this past weekend, we asked our doctor what the results were. She stated she never received them and proceeded to call Labcorp. She was told they had no record of us going into their facility in November. On a hunch, I called our provider, Humana, on Monday and was told Labcorp had billed them over $500 for my labwork on November 23rd and also had billed them for my husband’s. So, according to labcorp, we never went there on November 23rd, yet they billed Humana over $500!! Meanwhile, we had to have our blood re-drawn yesterday. This time we went to Quest Diagnostics. Maybe we’ll have better luck there. I have filed a complaint with Internal Affairs at Humana and hope to follow up with a letter to labcorp if I can find the proper person to send it to.

Carolyn

Here’s what Joan had to say:

Labcorp original blood work returned a positive result for HTLV, Human T-Cell Leukemia Virus.  If you can imagine, I was devastated.  The last two weeks have been awful. This virus is much like HIV;  it’s sexually transmitted, and transmitted through needle sharing and blood transfusions. My doctor also communicated there was no cure. 

I could not imagine where I would have contracted such a disease, but I have been feeling weak and tired, and assumed it was true.   My family and I have been devastated.

My doctor does not trust Labcorp, but since Labcorp is the only approved lab with United Health Care, (shame on United Health Care) he ordered a second test.  In the meantime, he has sent me to numerous other MRI appointments and the like looking for tumors, all at the cost of my insurance company.  Last night, I got the results and the second test was negative for HTLV.  I am grateful that I don’t have HTLV, [if I can trust their second test]; but I wonder if there is someone else out there who does… and does not know. I question Labcorp’s  laboratory process and wonder if they got the blood mixed up. Is it possible that there is a person out there who is positive for HTLV and is unknowingly spreading this death sentence virus to others?  Labcorp is incompetent.

I agree with you… Labcorp sucks!

Joan

New York, NY

Here’s information about this dreadful disease and how devastating it is. Human T-lymphotropic virus type 1 (HTLV-I) causes adult T-cell leukemia in about 2.5% of those persons infected with the virus. The time between acquiring the infection with HTLV-1 and developing disease is thought to be 30-50 years. HTLV-1 also can cause a neurological disease called HTLV-1-associated myelopathy/tropical spastic paraparesis in about 5% of those infected. This is an illness that affects the spinal cord and white matter of the central nervous system. Manifestations include difficulty walking and weakness and stiffness of the lower extremities more than the upper extremities. Bowel and bladder control may be lost. A number of other disorders have been associated with HTLV-1 including inflammation of the joints or eyes. HTLV-I is endemic in Japan, the Caribbean, New Guinea and parts of Central Africa. Prevalence is highest in southwest Japan. It is not common in the United States.

Human T-lymphotropic virus type 2 (HTLV-II) may cause neurodegenerative disease such as myelopathy, and it may be associated with hematological malignancies but the association between the virus and these diseases is weak. The virus is endemic in Native Americans in South, Central, and North America.

Enzyme immunoassay screening of serum, with confirmation by type specific western blot, immunofluorescent assay or polymerase chain reaction can be used to determine carrier status and help in confirmation of either HTLV-I or HTLV-II disease. Specific pathological conditions must be present for disease diagnosis.

Well that was last month. Just a few days ago Labcorp went to the state and local governments in North Carolina for a handout of taxpayer money.  LabCorp wants to consolidate its billing operations and if it selects Greensboro as the location of the new facility, it would receive nearly $900,000 in taxpayer money. That’s free money from the taxpayers that will never be repaid.

He would like to hear from you if:

1. Your insurance company processed a claim for LabCorp services, and

2. LabCorp or LCA Collections billed you for a balance higher than the patient responsibility amount shown on your insurance company’s Explanation of Benefits (EOB), and

3. You paid the balance, or any portion thereof.

You can contact Mr. John Hoevel by emailing him at lab@hoevellaw.com. All emails will be kept confidential and you may have an opportunity to recover some of those over-billings.

If you are a LabCorp employee who knows about this or any other unethical practice by LabCorp, please contact Mr. Hoevel. Your statements can be very useful in stopping unethical actions by LabCorp and you and your job will be fully protected by the law under the Whistleblower Act. You might even get a reward.

OK, if this wasn’t personal enough just yet for me, it just got a whole lot more so. And if you think for one instant that in this nation at this point in history and with this popularly elected President and Democratic Congress you will be treated for a heart attack simply because you might die if you are not treated, think again. And if you think having insurance helps, think some more.

On Friday, my husband was denied a blood test because a computer record from some distant time past and some other state showed he had a $7 balance with LabCorp. I am not making this up.

My husband had a heart attack this week. He woke up one morning sweating profusely and with a heart rate dropping. I watched his color turn first ruddy then ashen, and then he felt as though he was going to pass out. He would not allow me to call 911 as he slowly began to feel sick to his stomach and he believed his symptoms were digestive rather than cardiac.

We have learned over the years to wait to seek care – it is expensive to do otherwise and dooms us to the endless loop of bills and collection notices and more damage to our already badly bruised credit rating. So we always wait to seek care until there seems to be no other option. We are not alone. Millions of Americans do the same. We do not want to use the emergency rooms or doctors’ offices. We don’t want anything to do with the whole mess.

We moved to Maryland in March, but have fought Humana insurance and Medicare transfer since then to even make sure my husband can get any care at all. And, by God, we were paying the premiums the whole time the insurance folks hemmed and hawed and stalled. It took three months to get that all straightened out, during which time they repeated over and over, “we’re not denying treatment,” and technically I suppose they weren’t as they want us all just to get out our checkbooks and debit cards and pay up. And in the meantime, my husband waited for any doctors’ appointment and got meds by calling back to Chicago to get prescriptions refilled.

My husband is a cardiac patient and a vascular patient with a complicated medical history and needs follow-up care on a regular basis. He is a responsible guy who has always maintained his insurance coverage and who avoids seeking care unless it is needed. He does not seek to overuse or abuse the system. To stay relatively healthy, he needs regular check-ups and decent intervention when necessary.

But, I insisted my husband follow up in the way we all are told is more sensible and cost effective. He went to a primary care doc on Wednesday who shuffled him off to a cardiologist after a visit barely long enough to be billed as an “extended, new patient visit.” An EKG showed the grim reality. “Abnormal, negative T-waves. Inferior infarct.”

Blood work was ordered in advance of the cardiologist visit set for Friday. He was to fast overnight, see the cardiologist and then get his blood drawn. Seems to be progressing, eh?

Well, only until he sat down in the LabCorp office to get his blood drawn. The LabCorp employee typed in my husband’s Social Security Number, and promptly told him he could not have his blood drawn or have his test administered until he cleared up his old bill with LabCorp. The bill? $7. That’s right — $7.

And my husband has been covered by insurance for many years. But now he sat – post myocardial infarction or heart attack – being told by a laboratory employee that he would be denied care due to an unpaid $7 bill. He did not have $7 with him. He was fasting. He tried to explain. They did not budge. They did call the supervisor. She confirmed and stood her ground for LabCorp. No test for Larry Smith. He owes $7.

David King, the CEO of LabCorp, made $8.2 million in 2008. He’s one of the people and LabCorp is one of the companies President Obama is celebrating who will help transform our nation’s healthcare system. Indeed. And LabCorp’s political participation committee donated funds to several candidates in 2008, including Sen. Max Baucus and Sen. Charles Grassley, both of the Senate Finance Committee that is working on the nation’s healthcare reform.

Lest we think the insurance giants are the only people hurting, harming and killing Americans like my husband as they shore up their profits, follow the money in this story alone. One doctor’s office, another doctor’s office, one insurance company and finally a lab – all worked together to make what they could individually off my husband and then ultimately denied his care for $7. Everybody got their bite of the apple and then left him in the dust as they moved on to the next source of revenue, oops, I mean the next patient.

Where do we stand today? Still no blood work drawn. Waiting for next week to see what we can do to set the tests and exams the cardiologist ordered before she got busy with another patient. Did my husband return to the doctor’s office to tell them what happened and ask for their help? Yes. And he said not one person, not one, would reach into their pockets and give him the $7 or pick up the phone and try to help him resolve this. So what was his life worth? $7.

We’ll get the tests done somehow. But the point is, we’ll have to fight for it. And his heart will be stressed more and so on and so on and so on. This is the travesty of healthcare in this nation. And this Congress and this President are so damned concerned with their own political futures they cannot even see this reality for the rest of us. I am so angry.

And don’t tell me that a single payer – publicly funded and privately delivered system — wouldn’t stop heart attack patients from being denied care due to old debts of $7. It’s the only system that could stop that sort of abuse.

The LabCorp supervisor who denied Larry Smith’s test on Friday, June 26, in Elkridge, Maryland, is named Shirley Smith (no relation to Larry) at LabCorp’s Maryland office: 410-365-1264.

Donna Smith is a substantial supporter of the Democrat Party so in all fairness, LabCorp attorneys and management were also contributors to Barack Obama, Hilary Clinton and many Democrat Senators and Members of the House of Representatives who are working on health care reform legislation. LabCorp is now trying to convince these same elected officials into making laws that benefit the company. According to Huffington Post, 7 identifiable LabCorp employees contributed to Republicans while 14 contributed to Democrats.

I received this email from Natasha today. I don’t know what I would do if this LabCorp lab error occurred during a blood test on my child. It is devastating news that no one should have to endure as a result of a lab error.

Angelman Syndrome - Click for Large Image

LabCorp diagnosed my son with a rare genetic disorder called Angelman Syndrome by a Methylation blood work test. This syndrome is characterized with mental retardation, lack of speech, and seizures just to name a few symptoms. Our family was devastated, and we grieved for months.

When he got in to see a neurologist, he ordered another test to get more information about which type of the syndrome he may have. This test came back negative. We were shocked, but tried not to get our hopes up too high because we did not know which test was accurate. When we finally got in to see the geneticist, he ordered another round of genetic testing, this time a more detailed test called a cgh, as well as the original test. All negative.

LabCorp told the genetic counselor that they think they switched his blood. For privacy reasons they wont tell us anything, but assured her that they would try and find the child who really has this condition. As relieved as we were to have the good news, we are so angry for this mix up happening in the first place. Months and months of our lives were taken from us, and I still have not received one phone call from Lab Corp. We are unsure how to proceed from here. Anyway, this is an EXTREMELY abbreviated version of the story. Please let me know if you would like more information, I will do anything to help, no family should go through what we experienced.

My recommendation to Natasha is that she find a lawyer and sue LabCorp for punitive damages. A blood test lab error of this magnitude should be sufficient grounds for a lawsuit. One that I am sure LabCorp would settle quickly before the news quickly spreads and their testing service loses even more credibility.

The days between getting LabCorp’s lab results and finding out about LabCorp’s error were probably Natasha’s worst days of her life. No health services provider has the right to do  this to anyone. It’s obvious that Laboratory Corporation of America understands money, so they should pay for their mistake. In addition, government regulators should step in so that this never happens again.