News, Analysis, Trends, Management Innovations for
Clinical Laboratories and Pathology Groups

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Clinical Laboratories and Pathology Groups

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Does New Opioid Law Require Clinical Laboratories to Change How They Pay Sales Employees?

Recently enacted EKRA law prohibits payment activities that were legal under the previous Anti-Kickback Statute, confusing clinical laboratories and legal experts alike

There is a relatively new law on the books that impacts clinical laboratories, and lab leaders tasked with ensuring compliance with federal statutes need to fully understand it because getting it wrong could have dire consequences.

The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act (HR 6: aka, the SUPPORT Act), became law effective Oct. 24, 2018, and is primarily intended to address the national opioid epidemic. However, tucked inside the SUPPORT Act is Section 8122: Eliminating Kickback in Recovery Act of 2018 (EKRA), which establishes “criminal penalties for unlawful payments for referrals to recovery homes and clinical treatment facilities.” But how does EKRA apply to clinical laboratories?

“It prohibits any kickback or payment or solicitation of a kickback in exchange for referring patients to clinical laboratories,” Danielle Holley, a health law attorney and shareholder at O’Connell and Aronowitz in Albany, N.Y., told the Dark Daily.

This new law, she says, differs from the previous federal Anti-kickback Statute 42 U.S.C. 1320a-7b(b) and employer safe harbor provisions built into the Patient Protection and Affordable Care Act (ACA), which allowed labs to pay commissions on variable rates to sales and marketing staff.

Thus, it is critical that clinical laboratories understand their requirements under EKRA. Misunderstandings could bring “criminal penalties” which would seriously threaten lab managers and stakeholders.

What Must Labs Do to Comply with EKRA?

Under EKRA, legal experts advise clinical laboratories to no longer pay sales staff on a commission basis.

“Labs are no longer safe by following past advice. They have to rethink payment to sales and marketing personnel,” Holley noted. She explained that labs can no longer pay commissions that vary by:

  • Number of people referred to the lab;
  • Number of lab tests performed; or,
  • Percentage of payment sent to the lab.

EKRA also applies to commercial payers, whereas the federal Anti-Kickback Statute did not, she added.

“Many labs are not coming to grips with what this means to them,” Jeffrey Sherrin, President of O’Connell and Aronowitz, told Dark Daily.

Clinical Laboratories Not Clear on EKRA and Its Implications

EKRA is an all-payer statue that prohibits medical laboratories, clinical treatment facilities, and recovery homes from soliciting payments for referrals, the National Law Review pointed out.

That seems clear enough, but it’s anything but to many legal experts and medical lab industry leaders who are unsure whether EKRA actually applies to clinical labs. It’s possible, some experts claim, that it applies only to toxicology labs, which would make sense given the SUPPORT Act’s original context.

“There is an open issue about whether the description of paying employees applies to toxicology labs or all labs. Even though the focus of this law is toxicology and relationship of labs, sober homes, and treatment centers, the language of the statute seems to cover all clinical laboratories—not just toxicology,” Sherrin said.

“If you want to be safe, you pay on straight salary. The problem is, that does not give an incentive to the salesperson to go out and beat the bushes and hustle to bring in new business (to the lab),” he added.

The SUPPORT Act and EKRA could negatively affect clinical laboratory business should sales and marketing employees choose to work for durable medical equipment companies or other industries that pay them on commission, Sherrin pointed out.

“Some [sales professionals] may find the lab is not lucrative enough. The lab could offer higher salaries, but then the risk is on the lab without assurance business is coming in. These are difficult business decisions,” Sherrin said.

ACLA Seeks Clarity on EKRA and Clinical Labs

The American Clinical Laboratory Association (ACLA) wants clarity on the issue as well. Sharon West, ACLA’s Vice President, Legal and Regulatory Affairs, told The Dark Report, Dark Daily’s sister publication, “We are seeking clarity as best we can from the administration and from Congress. But it’s just not here yet.”

In a letter to the US Department of Health and Human Services Office of Inspector General (OIG), West wrote, “The legislation adds a new section … that would authorize the imposition of criminal penalties for some conduct that currently is permissible under Anti-Kickback Statute safe harbors. As written, section 8122 (EKRA) of the legislation applies to all laboratories, not merely laboratories that perform testing for recovery homes and clinical treatment facilities, and to all services covered by all payers, rather than only items and services covered by the federal healthcare programs.”

Increased Scrutiny of Clinical Laboratories

Barring an act of Congress, it could take a prosecution to ultimately define the issue of whether authorities intended all labs to be covered by EKRA or not, Sherrin said.

“Clinical laboratories need to understand that the environment in which testing is occurring—in particular toxicology testing—is rapidly changing and increasingly sensitive. And, it’s going to be under increasing scrutiny. So, practices that may have passed muster in the past are probably history. Now, this is front-page importance,” Sherrin declared.

Key takeaways Sherrin and Holley will provide to EWC attendees include:

  • Understanding what EKRA is and its impact on clinical labs;
  • Acknowledging the importance of reviewing payment arrangements to bring labs into compliance;
  • Addressing EKRA as an all-payer statute that applies to commercial payers as well as federal healthcare programs.
  • Conducting a risk-assessment of your medical lab’s sales compensation program for compliance with EKRA and the federal Anti-Kickback Statute.

Their presentation at the Executive War College (EWC) takes place from 1:45 pm to 2:35 pm, April 30, at the Sheraton Hotel in New Orleans.

To learn more about this and other critical topics affecting clinical laboratories, register to attend EWC presentations by clicking here, or by placing this URL into your Internet browser (https://www.executivewarcollege.com/register/). Reserve your space today by visiting online or by calling 707/829-8495.

—Donna Marie Pocius

Related Information:

Why the Support Act and EKRA’s Prohibition on Paying Commissions to Sale Reps Was A Surprise and Conflicts with the Federal Anti-Kickback Statute: What Labs Must Know to Stay Compliant

Congress Expands Anti-Kickback Statue to Include All Payors for Laboratories, Clinical Treatment Facilities, and Recovery Homes

ACLA Letter on the Request for Information Regarding the Anti-Kickback Statute and Beneficiary Inducement New Opioid Law Hits Labs Paying Sales Commissions

PAMA Price Reporting Update: Insights to Help Prepare to Meet the Requirement

Prior (2018) price reporting cycle offers lessons that can help clinical laboratory benefit administrators and personnel take an informed approach to meeting the requirements of the Protecting Access to Medicare Act of 2014 (PAMA)

With the PAMA Private Payor Price Reporting period under way, some clinical laboratories may be grappling with questions about the new requirements.

Under PAMA, applicable labs must report private payer data on selected Clinical Diagnostic Laboratory Tests (CDLTs) to CMS every three years. For the current cycle, data must be collected from Jan. 1 through June 30.

A six-month review period follows so that laboratories can assess whether the applicable lab thresholds are met. Data must be reported to the Centers for Medicare & Medicaid Services (CMS) during a three-month window starting Jan. 1, 2020, with data due by March 31, 2020.

To help clinical laboratories meet PAMA’s new requirements, CMS defines an applicable laboratory as one that answers yes to the following questions:

1) Does the lab have CLIA certification?

2) Does the lab meet the majority of Medicare threshold, which is either greater than 50 percent of Medicare payments received on CLFS and PFS (Physician Fee Schedule) by National Provider Identifier (NPI) or a hospital lab with a shared NPI bills any Type of Bill (TOB) 14x to Medicare during the six-month reporting timeframe.

3) Does the lab have a minimum of $12,500 payments received from Medicare during the six-month reporting period.

Recent Changes Draw Hospital Outreach Labs

Changes in CMS reporting requirements now include hospital outreach labs, if they meet the other criteria.

Failure to file, or filing late, incomplete, or inaccurate data can result in federal fines for laboratories—up to $10,000 a day.

Sarah Simonson, Director of Laboratory Client Management for Change Healthcare, outlines ways labs can avoid those fines and best prepare for this cycle of private payer reporting.

“Begin with the end in mind,” Simonson said. “Understand what is required and prepare for data extraction.” Simonson is one of several pros who will offer insights during a special post-Executive War College workshop geared to private payer price data reporting under PAMA.

Labs should allow ample time to review extracted data, Simonson said, as well as evaluate the data for quality assurance. It’s also important to understand login requirements and the format required to deliver the data. That means getting your IT team involved.


Trish Hankila, Chief Financial Officer of South Bend Medical Foundation, will return to the Executive War College on Lab and Pathology Management, for a special post-conference workshop on the PAMA price reporting requirement. (Photo copyright: Dark Daily)

Having learned many lessons from the previous reporting cycle, Trish Hankila, Chief Financial Officer of the South Bend Medical Foundation, recommends talking with your internal IT or vendor to ensure that accounts receivable (A/R) reports capture the required data. Review available data to ensure accuracy and completeness of data, and review the A/R report that will be used to transmit that data, she says. 

Hankila, who will also speak at the 24th Annual Executive War College post-conference workshop encourages a visit to the CMS website to obtain documents regarding the data, registration, and submission requirements.

“The Center for Medicare Management, CLFS User Manual explains in detail how to log in to the CMS portal, register the data submitter and data certifier, and the process for submitting and certifying the data,” Hankila said.

CMS will use the data collected to calculate 2021 fees for each individual laboratory Current Procedural Terminology (CPT) code.

“CMS is trying to establish fees that reflect the market value of the tests being performed, using a weighted average of the various amounts paid per CPT code by third-party payers,” Hankila said.

How to structure your data when working with your internal IT team or third-party billing will be one focus of the PAMA workshop, in addition to how to avoid the pitfalls when gathering, analyzing, and reporting lab test price data. The post-conference workshop will benefit administrators and personnel responsible for reporting PAMA data.

“What Hospital and Health Network Labs Must Know to Comply with PAMA Private Payer Price Reporting,” will take place from 8 a.m. to 5 p.m., May 2, in New Orleans.

“The takeaways include understanding PAMA, lessons learned from the prior (2018) cycle, and how to structure your request to your IT/billing department,” Simonson said.

To help attendees prepare to participate in the PAMA workshop, Hankila previewed what South Bend Medical Foundation has learned:

  • Get started early with data gathering and the reconciliation process;
  • Reconcile the data by using other reports from your A/R system;
  • Ensure you have enough time to modify programs; and
  • Do not wait until the last minute to transmit the data.

“There may be issues with registration of the submitter and certifier in the CMS portal, the CMS website, or with your data file that you have prepared for submission,” Hankila said.

More Upcoming PAMA Workshop Highlights

Elizabeth Sullivan, JD, will cover “Compliance and Regulatory Issues Associated with the PAMA Statute and the CMS Final Rule for Reporting Private Payer Lab Test Prices: Risks, Consequences, and Often-Overlooked Requirements.”

Diana Voorhees, MA, CLS, MT, SH, CLCP, CPCO, will cover “Understanding the Requirements for Reporting PAMA Private Payer Lab Test Price Data: Who Reports, What Is Reported, How to Report, When Penalties Apply, and More.”

Kyle C. Fetter, MBA, BA, will present “Key Recommendations for Reporting Your Lab’s Private Payer Price Data: Identifying Data Sources, Using Informatics Tools, Understanding Where Data is Missing or Inaccurate, and Transmitting Your Data.”

Visit executivewarcollege.com for more information and to register.

—Tammy Leytham

Related Information

Useful Lessons for Labs That Report PAMA Data

CMS PAMA Regulations Home Page

Registration for Executive War College Post-Conference Workshop

Medicare-for-All Bill Has Little Chance of Passage in Congress, Even as Universal Healthcare Debate Gains Momentum Among Democratic Presidential Hopefuls

Massive government takeover of healthcare would create single-payer healthcare system, doing away with Medicare Advantage and individual choice

All clinical laboratories and anatomic pathology groups have a strong interest in how any reform of US healthcare at the federal level might be accomplished. In that spirit, Dark Daily is providing a quick overview of the Medicare for All Act of 2019 (HR 1384). The name is misleading. The bill would actually end Medicare and all private health insurance in America.

This element of the proposed bill has not gotten much attention in national media coverage. If Congress did pass the bill as proposed by newly elected US Rep. Pramila Jayapal (D-Wash.), it would eliminate all existing private health plans, as well as the existing Medicare program! That includes Medicare Advantage, which serves 20 million seniors. HR 1384 would replace all of these health programs with a national service-on-demand government-funded system.

Though it’s unlikely to advance through Congress, the fact that this massive federal program is even being considered reflects the thinking certain Congressional representatives have about single-payer health systems.

According to the Seattle Times, the proposed “Medicare for All” program would pay for:

  • Primary care;
  • Prescription drugs;
  • Dental and eye care;
  • Long-term care;
  • Reproductive health; and,
  • Mental-health and substance-abuse treatments.

Though patients would not be charged premiums, copays, or deductibles, no healthcare funding mechanism was actually included in the legislation.

Not All Democrats Are Onboard with Medicare for All

Though more than 100 democratic lawmakers in the House of Representatives are co-sponsoring HR 1384, the legislation has failed to win over key Democrats, including House Budget Committee Chairman John Yarmuth (D-Ky.), who criticized the bill for going beyond an expansion of the Medicare program.

“I don’t consider that to be Medicare for all. It’s universal healthcare, on demand, unlimited,” Yarmuth told The Hill. “It’s all single-payer, no private insurance. It’s a very different thing than Medicare.”

It’s no wonder some oppose HR 1384. The bill proposes to abolish the private health insurance industry, which employs upwards of a half a million people and covers 250 million Americans, noted The New York Times (NYT).

“[Health insurance] companies’ stocks are a staple of the mutual funds that make up millions of Americans’ retirement savings. Such a change would shake the entire healthcare system, which makes up a fifth of the United States economy, as hospitals, doctors, nursing homes, and pharmaceutical companies would have to adapt to a new set of rules,” the NYT added.

Shifting Attitudes Concerning National Healthcare Impact All Healthcare Providers

The legislation is unlikely to become law—especially since single-payer healthcare is not likely to gain traction in the Republican-controlled Senate. Nevertheless, HR 1384 has vaulted “Medicare for All” from a fringe policy proposal to a front-and-center national debate among 2020 Democratic presidential hopefuls.

Democracy for America (DFA)—a one-million-member political action committee—labeled the proposed legislation “the new gold standard” for healthcare transformation.

“Congresswoman Jayapal’s bill establishes a new gold standard in the fight for a practical, cost-efficient way to provide a single standard of quality healthcare to everyone,” DFA CEO Yvette Simpson stated in a press release.

Many health providers disagree. The concept of single-payer healthcare system faces strong opposition from hospitals and health insurers, which are likely to remain a formidable roadblock to universal healthcare.


“I’m disappointed any Democrats are going off on this tangent,” Charles Kahn III, President and CEO of the Federation of American Hospitals, which represents investor-owned and managed community hospitals, told the Washington Examiner. “They should be focusing on the advances that were made under the Affordable Care Act.” (Photo copyright: Federation of American Hospitals.)

A single-payer healthcare system also would result in a massive spending shift, according to a study conducted by the Mercatus Center at George Mason University. The study’s author, Charles Blahous, PhD, states that Medicare for All (M4A) “would place unprecedented strain on the federal budget.”

In “The Costs of a National Single-Payer Healthcare System,” Blahous notes that “by conservative estimates, this legislation would have the following effects:

  • “M4A would add approximately $32.6 trillion to federal budget commitments during the first 10 years of its implementation (2022–2031).
  • “This projected increase in federal healthcare commitments would equal approximately 10.7% of GDP in 2022. This amount would rise to nearly 12.7% of GDP in 2031 and continue to rise thereafter.

“These estimates are conservative because they assume the legislation achieves its sponsors’ goals of dramatically reducing payments to health providers, in addition to substantially reducing drug prices and administrative costs,” he continues.

“A doubling of all currently projected federal individual and corporate income tax collections would be insufficient to finance the added federal costs of the plan,” Blahous concluded.

Medicare for All does not appear primed for passage in Congress. However, clinical laboratory administrators and pathologists should note that single-payer healthcare is no longer a fringe idea within the Democratic party. The concept seems to be steadily moving into the mainstream of political debate. It is a debate with the potential to dramatically change how clinical laboratories and anatomic pathology groups get paid for their diagnostic testing services.

—Andrea Downing Peck

Related Information:

Medicare for All Would Abolish Private Insurance: ‘There’s No Precedent in American History’

Key Dem Chairman Voices Skepticism on ‘Medicaid for All’ Bill

DFA: Jayapal’s Medicare for All Act Sets ‘Gold Standard’ for Vital Healthcare Transformation

Jayapal to Introduce Medicare for All Bill That Overhauls Nation’s Healthcare System

Hospitals Present a Major Roadblock to Medicare for All Act

The Costs of a National Single-Payer Healthcare System

Mt. Sinai Hospital and Cactus Design Studio Create 8-Station Clinical/Research Laboratory to Assess Health and Prevent Disease

Lab100 is designed to be easily upgraded with the latest medical laboratory technologies for tracking patients’ health metrics and risk for chronic diseases

Mount Sinai Hospital and Cactus, a New York City-based design studio, are creating a hybrid clinical laboratory/research lab that uses the latest diagnostic technologies to assess peoples’ health, provide them with an overview of their current condition, and suggest lifestyle changes to prevent future diseases.

Though still under development, Lab100 is an innovative approach to modernizing annual physical/medical check-ups. It was created to empower patients to track and understand their own health metrics and optimize their overall health. 

Lab100 looks at an individual’s medical history and measures vital signs, blood analysis, anthropometrics, body composition, cognition, dexterity, strength, and balance. It’s designed to be more extensive than the traditional, annual physical, as well as to support the implementation of preventative measures to avoid disease. 

8-Station Clinical Laboratory Built for Future Expansion

Lab100 consists of eight stations that are built on a reconfigurable grid system that ensures the system can easily be upgraded with new technology as it becomes available.

“By definition, no one knows what the future of healthcare is, and neither do we. We made our best initial guess, recognizing that we’re going to change based on the data we collect,” David Stark, MD, the Director and founder of Lab100, told Business Insider. “It may turn out that we jettison some of these stations and put in additional stations.”

Stark is also Chief Medical Officer, Head of HR Data and Analytics, and Managing Director at Morgan Stanley, as well as being the former Medical Director and Assistant Professor of Health System Design and Global Health at the Institute for Next Generation Healthcare (INGH) at the Icahn School of Medicine at Mount Sinai.


“We’re trying to give patients more visibility, not only into their health, but into how healthcare happens with the hope that that visibility engages them as patients,” David Stark, MD, MS (above), Director and founder of Lab100, told Business Insider. Should Lab100 prove successful, it could become a model for future similar medical laboratories nationwide. [Photo copyright: Business Insider.]

Before visiting Lab100 patients complete a pre-visit assessment consisting of standardized medical surveys including medical history, nutritional habits, physical activity, mental health, and sleep habits. With patients’ consent, individual data are shared with a select group of researchers to potentially power new discoveries.   

Lab100’s eight stations and their purposes are:

  • Station One: A patient’s photograph is taken to put a face with the medical record. The picture also allows researchers to perform more speculative work by extracting facial features and correlating them with health metrics.
  • Station Two: The patient’s vital signs (temperature, height, weight, blood pressure, pulse, and oxygen levels) are taken.
  • Station Three: A venous blood sample is extracted to measure electrolytes, nutrient, and cholesterol levels. Patients do not need to fast for the blood draw. The blood test is analyzed onsite and the results are available within 30 minutes. 
  • Station Four: The patient steps on a 3D full-body scanner where a depth-sensing camera scans the body and creates a high-resolution 3D avatar of the individual.
  • Station Five: A body composition test is performed using bioelectrical impedance analysis. A small electrical current is run through the body to determine the distribution of water, fat, protein, and minerals in the body and to measure how muscle and fat are distributed throughout the body.
  • Station Six: Cognition is analyzed using a traditional pegboard dexterity test. To perform this test, a patient dons headphones and interacts with an Apple iPad to test vocabulary, processing speed, flexibility, episodic memory, and attention.
  • Station Seven: The patient’s overall strength is measured by utilizing virtual reality to determine grip strength and push the patient to give their maximum performance.
  • Station Eight: The patient steps onto a balance pod to test their balance. An iPod with an accelerometer placed around the patient’s waist measures sway as the individual tries to stay as still as possible.   

The entire Lab100 process takes about 90 minutes and is one-on-one between patient and physician. Test results at each of the eight stations are held until the end of the visit where they are cumulatively displayed on a screen for the patient and physician to review. Blood analyses are included in patients’ work-ups. (Photos copyright: Lab100.)

Engaging Patients in Their Own Healthcare

When patients complete their Lab100 experience, they should have a better understanding of their current health and any changes they can make in their lives to improve their health and possibly avoid future disease. The results allow a patient to learn their risks for some diseases and whether interventions—such as changes in diet and exercise—could alter those risks.

“The idea here is not to obsess over every number, but to holistically look at what’s going well, what isn’t going well, and come away with one to three domains that you as the patient want to focus on,” Stark noted.

The initial Lab100 visit serves as a baseline for comparing with future visits to measure improvements as a result of lifestyle changes. It also allows patients to compare their health metrics to others in the same age range.

Lab 100 is still in the testing stages and could be available to the public later this year. It is not intended to be a replacement for primary care and does not diagnose disease. It is intended to serve as a complement to a traditional office visit and focuses on preventative measures to avoid illness. The researchers involved in the Lab100 project hope the environment can ultimately be used to produce new diagnostics, therapeutics, and tools for measuring health.

—JP Schlingman

Related Information:

Later This Year you’ll be Able to Get a Futuristic Medical Check-up at Mount Sinai — We got an Early Peek

Mount Sinai Teamed Up with the Designers Who Created Projects for Nike and Beyonce to Build a Futuristic, New Clinic and it’s Reimagining How Healthcare is Delivered

VIDEO: Lab100 at Mount Sinai: Cactus Case Study

University of California San Diego Researchers Demonstrates How Easily Medical Laboratory Systems and Devices Can Be Compromised, Putting Patient Lives at Risk

Researchers stress the importance of preparing hospital and clinical laboratory information systems before a ‘major failure’ occurs

Medical laboratory information systems (LIS) and similar devices are vulnerable to hacking, according to physicians and computer scientists from the University of California San Diego (UCSD) and the University of California Davis (UCD). They recently completed a study that exposed the vulnerabilities of these systems and revealed how clinical laboratory test results can be manipulated and exploited to put patient lives at risk. 

The team of researchers included: Christian Dameff, MD, Clinical Informatics Fellow at UCSD Health; Maxwell Bland, graduate student and researcher at UCSD; Kirill Levchenko, PhD, Associate Professor of Electrical and Computer Engineering at the University of Illinois; and Jeffrey Tully, MD, resident anesthesiologist and security researcher at UC Davis Medical Center.

The team presented their study, “Pestilential Protocol: How Unsecure HL7 Messages Threaten Patient Lives,” at the Black Hat 2018 conference in Las Vegas. During their talk they launched a demonstration cyberattack on a mock medical laboratory information system to illustrate “that it is easy to modify medical test results remotely by attacking the connection between a hospital’s clinical laboratory devices and medical record systems,” a UCSD new release noted.

Clinical laboratories hold large volumes of patient protected health information (PHI) in their electronic health record (EHR) systems. And it’s widely understood that medical laboratory test data comprises as much as 80% of patients’ permanent medical records. Therefore, medical laboratory stakeholders and managers could be held accountable should those medical records and databases be violated by computer hackers.  


Researchers at the University of California San Diego (UCSD) used a man-in-the-middle attack (illustrated above) to intercept and modify data transmitted from a laboratory information system to an electronic medical record system. Clinical laboratories could be held responsible for such intrusion into patients’ protected health information (PHI) should it be determined that adequate safeguards were not implemented. (Caption and image copyrights: UCSD.) 

To demonstrate their findings, the researchers hacked a test system made up of medical laboratory computers, servers, and testing devices. They then performed blood and urinalysis testing, intercepted and altered the normal blood test results to make it appear that the patient suffered from diabetic ketoacidosis (DKA), and then forwarded the modified results to the patient’s electronic medical records.

Such misdiagnoses could lead physicians to prescribe incorrect medicines and procedures that could injure or even kill patients.


“As a physician, I aim to educate my colleagues that the implicit trust we place in the technologies and infrastructure we use to care for our patients may be misplaced, and that an awareness of and vigilance for these threat models is critical for the practice of medicine in the 21st century,” Jeffrey Tully, MD (left), stated in the UCSD news release. Christian Dameff, MD (right), agreed, saying, “We are talking about this because we are trying to secure healthcare devices and infrastructure before medical systems experience a major failure. We need to fix this now.” (Photo copyright: University of Arizona News.)

In their paper, the researchers proposed “three viable strategies to ensure increased security and integrity of data in clinical environments, which we hope will be taken into consideration by the healthcare community:

  • Secure network deployment: network segmentation, VLANs, and firewall controls: This is the most viable option for legacy systems and healthcare providers with budgetary and operational constraints. By restricting the attack surface of vulnerable devices to Ethernet networks inaccessible to outside influence, the potential for attack is largely mitigated. This, however, requires the intervention and trust of an experienced IT professional. When legacy devices that lack security controls exist in the network environment, isolation of these devices into network segments to minimize exposure is key.
  • Proper configuration: In situations where the hospital network cannot be made completely secure through use of network segmentation, the alternative is proper configuration of servers and devices that support encryption. This would mean, for example, ensuring that the interface client, such as Mirth connect, is updated to its most recent version and the communication channels are set up to use encryption.
  • Security conscious protocols and ecosystems: ​Moving forward, device manufacturers, care providers, standards organizations, and policy makers must push to incorporate newer protocols and ecosystems where strong security guarantees are built in, and actively look for these guarantees. One such example is the Fast Healthcare Interoperability Resources (FHIR), a replacement for HL7 which has greater potential for encryption. Without the development of a security conscious culture, healthcare infrastructure will remain vulnerable to malefaction.”

Cyberhacking of patient medical records is a critical issue. According to American Nurse Today, more than 16 million patient records were stolen from US healthcare organizations in 2016. In addition, more than 150 million individuals have had their medical records stolen since 2010. The majority of these thefts were the result of attacks against electronic health records (EHRs).

As security breaches become more prevalent, it’s imperative that medical laboratories and anatomic pathology groups take steps to secure their information systems, testing devices, and patients’ records from cyberhacking. All healthcare providers should familiarize themselves with cybersecurity methods and protocols to defend their systems from remote attacks.

—JP Schlingman

Related Information:

How Unsecured Medical Record Systems and Medical Devices Put Patient Lives at Risk

Pestilential Protocol: How Unsecure HL7 Messages Threaten Patient Lives

UA Med School Hosts Summit on Medical Device Hacking

Cybersecurity and Healthcare Records

MedStar Health Latest Victim in String of ‘Ransomware’ Attacks on Hospitals and Medical Laboratories That Reveal the Vulnerability of Healthcare IT

Max Planck Institute Scientists Develop Molecular Biosensor Assay That Enables Paper-based Fingerprick Test for Measuring Metabolites in Blood

A digital camera or smartphone visualizes bioluminescent characteristics of test sample to display levels of Phe in blood, potentially giving medical laboratories a way to support home-based or point of care metabolite tests

Clinical laboratories may soon have a new paper-based finger prick assay that can quickly measure metabolites in blood samples and enable patients who need to monitor certain conditions, such as congenital phenylketonuria, to do so at home.

The test also could be used at the point of care and in remote regions where larger, medical laboratory technology for monitoring metabolites in blood is limited.

Scientists at Max Planck Institute for Medical Research (MPIMR) in Heidelberg, Germany, and the Ecole Polytechnique Federale de Lausanne (EPFL) in Switzerland, have developed a molecular biosensor that measures quantities of certain metabolites in small blood samples, according to a news release. This biosensor is at the heart of the new paper-based assay.

They published their research in Science, a journal of the American Association For the Advancement of Science.

Molecular Biosensor Measures Multiple Metabolites in Blood

“We introduce a fundamentally new mechanism to measure metabolites for blood analysis. Instead of miniaturizing available technology for point-of-care applications, we developed a new molecular tool,” said Qiuliyang Yu, PhD, first author of the paper and scientist at the Department of Chemical Biology at the Max Planck Institute in Heidelberg, in the news release.

In their study, the scientists primarily measured concentration of phenylalanine (Phe) in blood. However, their technology also could be used to monitor glucose and glutamate quantities as well, Medgadetreported.

“The sensor system successfully generated point-of-care measurements of phenylalanine, glucose, and glutamate. The approach makes any metabolite that can be oxidized by the cofactor a candidate for quantitative point of care assays,” the authors wrote in Science.


As shown above, a mixture of the patient’s blood and the reaction buffer is applied onto a paper covered with the immobilized biosensor. The following reaction is detected with a digital camera and analyzed. (Photo and caption copyrights: Max Planck Institute for Medical Research.)

How it Works

According to an MPIMR online video:

  • A tiny sample of blood (about 0.5 microliters) is taken from a patient’s finger;
  • The sample is added to a reaction buffer;
  • The sample is then applied to the paper assay containing the biosensor;
  • A mounted digital camera or smartphone is used to detect color shift;
  • Color changes from blue to red indicated when phenylalanine is “consumed” and nicotinamide adenine dinucleotide (NADPH) produced;
  • Red is a sign of high Phe concentration and blue low Phe;
  • The assay takes 15 minutes to perform.

“We have developed light-emitting sensor proteins to report the concentration of the cofactor NADPH through which many medical metabolites can be quantified. Because of the bioluminescent nature of the paper, we can capture the signal—even in blood,” Yu states in the video.

This video demonstrates how the new biosensor works. The process the researchers developed for detecting and measure quantities of Phe in blood involves light-emitting engineered protein and the use of a digital camera or smartphone. During the process a color shift takes place that can be measured to determine the amount of Phe in the blood, Engineering 360 explained. Click here to watch the video. (Video copyright: Max Planck Society/YouTube.)

People Need Faster Test Answers

More studies are needed before patients use can use the assay do their own metabolite measurement blood tests. And the scientists say they plan to simplify and automatize the test.

However, the researchers feel such fast measurements are needed since many diseases cause changes in blood metabolites. Conventional clinical laboratory blood tests do help patients to stay on top of their conditions. But the sooner they can get results, the quicker patients can make necessary changes in diet and more, the authors note.

“Monitoring metabolites at the point of care could improve the diagnosis and management of numerous diseases. Yet for most metabolites, such assays are not available. We introduce semisynthetic, light-emitting sensor proteins for use in paper-based metabolic assays,” the researchers wrote in Science.

Medical laboratory leaders may find it interesting to see a POC test with performance similar to tests using sophisticated medical laboratory technology. In fact, Yu makes that point as he stands in front of liquid chromatography-mass spectrometry (LC-MS) equipment in the aforementioned video.

Could the paper-based biosensor one day be preferred by doctors and patients who need to monitor metabolites? People residing in remote or rural areas where patient care centers are not so plentiful may appreciate and need such a tool. And patients may prefer the convenience of doing it themselves and getting fast answers, rather than visiting a clinical laboratory and waiting days for results. Either way, these developments are worth following.

—Donna Marie Pocius

Related Information:

Biosensor for Phenylketonuria: With the Help of a New Blood Test, Patients with This Disease Can Monitor Their Metabolites

Paper Test for Monitoring Phenylalanine and Other Metabolites in Blood

Semisynthetic Sensor Proteins Enable Metabolic Assays at the Point of Care

What are Metabolites?

Facilitating Diagnosis with a New Type of Biosensor

Paper-based Device Monitors Blood Metabolites

Blood Test for Phenylketonuria with Biosensor

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