[See Order of the Commissioner of Public Health, dated April 28, 2020, (2019 MA EO H20-30) related to the COVID-19 State of Emergency,for potential impact on the terms of this section.]
Section 8A. No person or company shall knowingly refer, request, order or send any specimen derived from the human body for examination to a clinical laboratory in which the person or company, or any of its owners, directors, partners, employees or family members thereof have a direct or indirect ownership interest. This section shall not apply to: (i) a clinical laboratory owned by a licensed physician or group of licensed physicians and used exclusively in connection with the diagnosis and treatment of the physician's or group of physicians' own patients and where all testing is performed by or under the direct supervision of said physician or group of physicians; (ii) a hospital or clinic licensed under section 51 of chapter 111 used exclusively in connection with the diagnosis or treatment of the hospital's or clinic's own patients; or (iii) any case exempted under subsections (b) to (d), inclusive, of 42 U.S.C. section 1395nn or specifically permitted by regulations or rules of the United States Secretary of Health and Human Services, the federal Centers for Medicare or Medicaid Services, the executive office of health and human services or the executive office for administration and finance.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 111d - Clinical Laboratories
Section 2 - Regulatory Authority of Public Health Department
Section 3 - Advisory Committee
Section 4 - Licensing Requirements; Exemptions
Section 5 - License; Application; Filing; Issuance; Renewal; Form
Section 6 - Infectious Disease Reports; Confidential Information
Section 7 - Clinical Laboratory Director
Section 8 - Prohibited Activities
Section 9 - Correction of Deficiencies; Orders
Section 10 - Unreliable Reports of Examinations; License Modification
Section 11 - Revocation of or Administrative Sanctions Upon License
Section 12 - Complaints by Department; Jurisdiction
Section 13 - Violations; Penalties
Section 14 - Disclosure of Ownership Interests; Penalty for Violation