A phlebotomist is placed in a physician's office, and the phlebotomist has a lot of extra time between draws. The phlebotomist likes to stay busy, so he helps the physician's office staff with checking in patients and filing medical records. Is this phlebotomist putting the laboratory in possible violation of the Antikickback Law?

The phlebotomist would be putting the laboratory in violation of the Antikickback Law. The purpose of placing the phlebotomist in the office would be to collect samples for the laboratory. Any other duties done by the phlebotomist could be interpreted as trying to keep the laboratory's business in the physician's office. If the phlebotomist did do any work for the physician, the physician would have to pay the "fair market value" to the laboratory for the additional services rendered by the phlebotomist.