It has been four years since Congress enacted the Eliminating Kickbacks in Recovery Act (“EKRA”), codified at 18 U.S.C. § 220. EKRA initially targeted patient brokering and kickback schemes within the addiction treatment and recovery spaces. However, since EKRA was expansively drafted to also apply to clinical laboratories (it applies to improper referrals for any “service”, regardless of the payor), public as well as private insurance plans and even self-pay patients fall within the reach of the statute.
Blog Editors
Recent Updates
- Divided Court Clarifies Limits on Federal Habeas Appeals - SCOTUS Today
- A Pattern of Uncertainty: Judicial Decision-Making During Federal Shutdowns
- Navigating FDA’s Stance on DSHEA Disclaimer Placement
- An Update on “Unsworn” Attorney Affirmations Under the New CPLR 2106: Recent Rulings Offer a Path to Cure
- First Circuit Clarifies FCA Liability for Clinical Labs: Key Takeaways for Compliance