General terms and conditions for laboratory services

 "Biological analysis" efers to diagnostic tests, including the following steps: collection of the sample, the laboratory test and the interpretation of the laboratory tests, all resulting in the biological profile.

"Caisse de maladie" means one of the public bodies responsible for health insurance in Luxembourg or abroad.

"(Biological) sample" means any small portion of material taken from the human or animal body for biological analysis in a laboratory.

"Customer Portal" isa personal, secure online access service reserved for patients and doctors respectively. This service enables the following operations:

• consultation and downloading of Biological Test results by the doctor in his capacity as prescriber or "Recipient of a copy" of the results of the tests carried out;
• receive certain biological analysis results by SMS
   

"Patient" refers to any person whose biological sample has undergone medical analysis and assessment in the laboratory. In addition to the patient, this may include the guardian or legal representative of a minor child.

These general terms and conditions for laboratory services govern the conditions under which biological samples are taken and sent to the Laboratory, the performance and supply of laboratory analyses, patients' rights and the invoicing of laboratory services.

The Request for Biological Analysis sent to the Laboratory must contain the following elements:

• The prescribing doctor's prescription, together with the prescribing code in the case of analyses covered by the CNS nomenclature;
• The patient's name, date of birth and address on the application form;
• The biological sample to be analysed, specifying the date and time of sampling where this has not been carried out by the Laboratory;
• Analysis required ;
• Diagnosis (optional);
• Sign the declaration of assumption of costs (private pricing) in due form;
• Specific health questionnaires depending on the type of analysis requested;
• Application for registration in the Costumer Portal.

The collection of the Biological samplemay be carried out by the Laboratory itself at one of its sampling centres or at the patient's home. It may also be carried out by a medical entity or doctor as well as by the patient himself.

When the transmission of the Biological sample is not executed by the transport system of the Laboratory, the sender must ensure that the biological Sample - which contains a substance as referred to in the "European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR)" - is packaged and marked in accordance with the provisions of the ADR. Appropriate packaging material can be made available upon request by the Laboratory.

Information on specific analyses or reports and instructions for use are available on the Laboratory's website at www.labo.lu/en/services/lab-tests. The forms (request and/or questionnaire) required to carry out a particular analysis are available to download from the same address.

The Laboratory can refuse to perform a Biological analysis if the information and documents referred to above are not provided or if it believes that the Biological Sample does not meet the applicable acceptance criteria. Refusal by the Laboratory shall not entitle the Client to any compensation or reimbursement. In this case, the Client may request a new Biological Analysis without the Laboratory having to charge additional fees.

The length of time allowed to complete a request depends on how long the sample is kept and how long the prescription is valid (see Index of analyses on the website). Once this period has elapsed, the file will be closed, and a new request must be placed again.

Upon receipt of the sample, the Laboratory will deploy all possible means to keep standard processing times. The Laboratory shall inform the prescribing physician in the event that the performance of a biological analysis is prevented, when the biological sample does not meet the pre-analytical conditions or when the request is not complete.

The Laboratory is responsible for the loss or deterioration of a biological sample after receipt of the biological sample in the Laboratory. In this case, the client will be informed.

Biological analyses are performed in accordance with international standard EN ISO 15189, which specifies the quality and competence requirements specific to medical biology laboratories.  
In certain circumstances, the Laboratory is free to transfer to another laboratory the biological Analyses that it is unable to perform itself, in compliance with the regulations in force. The Laboratory remains the only contact for the prescriber in this case as well.

Test protocols are sent to the prescribing doctor and, upon request, to the patient. Results are sent by post or via the Customer Portal.

Patients are informed that in certain circumstances, for example in a doctor's surgery or care establishment, care staff or medical staff may have access to their personal data and test results. Patients may object to the transmission of their results to the prescribing doctor, provided that they notify their objection in writing when they receive the biological sample or, at the latest, before the results are delivered. 
In this case, the patient alone will receive the test results.

The prescribing doctor is responsible towards the patient for the interpretation of the test results.

The Laboratory has an obligation of means relating to the performance of Biological Analyses.

The Laboratory ensures the quality of the analyses, the security of its IT system and the confidentiality of Patient data.

As part of its regular collaboration with subcontracting laboratories, the Laboratory uses an SFTP server for the secure transmission of results.

The Patientmay not claim damages when the Laboratory has been prevented or delayed from performing its obligations as a result of force majeure, an act of God or an extraneous cause.

The Patientexpressly guarantees the Laboratory against any claim or recourse by a third party, for any reason whatsoever, related to the performance of the Biological Analyses.

Documents relating to the "Protection of patients' personal data" and the "Confidentiality policy" can be consulted on the website at the following address https://www.labo.lu.

Certain requests for biological analyses are not covered by the principle of cost coverage by the health insurance funds, in accordance with these general conditions. The laboratory will inform the patient in advance of the extent of the services that will be billed directly to the patient.

The biological tests concerned are payable by the patient to the Laboratory following receipt of the laboratory invoice, as indicated below.

The laboratory invoice can be paid by transfer to the following account:

Banque Internationale à Luxembourg (LU) IBAN: LU47 0024 1773 8544 9800

BIC: BILLLULL

or by Visa or Mastercard.

For invoice payment, the Laboratory offers its customers free access to the payment system via its website: https://www.labo.lu.

The Laboratory's invoices are drawn up in Euros and payments are made in Euros.
The patient undertakes to pay the Laboratory within 14 days of receipt of the invoice.

In the event of late payment, default interest on the unpaid amount will be due by operation of law.

The general terms and conditions are subject to Luxembourg law.

Any dispute relating to the validity, interpretation or performance of the general terms and conditions shall be settled amicably between the parties. Failing amicable settlement, the courts of the Grand Duchy of Luxembourg shall have sole jurisdiction for any dispute between the Client and the Laboratory.

The nullity of a clause of the general terms and conditions by virtue of a court decision, a law, a regulation or any other higher standard, shall in no way affect the validity of the other clauses.

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