EKRA (The Eliminating Kickbacks in Recovery Act) was passed October 24, 2018 as part of the SUPPORT Act, a combination of more than 70 bills aimed at fighting the current opioid epidemic. EKRA is intended to address patient brokering—in exchange for kickbacks—of individuals with substance abuse disorders.
As written, however, EKRA is far more expansive—with its broad language enabling the federal government to monitor provider arrangements intended to generate business for any laboratory services, not just those related to individuals in treatment for substance abuse disorders, payable by a FHCP or commercial health insurer.
Though this unprecedented expansion may at some point be modified, as it appears that laboratories were thrown into EKRA at the last minute, current consequences are that clinical laboratories—and their compensation to sales and marketing personnel—are being brought under scrutiny, with exposure to potential criminal penalties.
The scope of EKRA and its related enforcement risk is still unknown. While these issues become clearer, you and your lab staff need the latest updates on EKRA, and to examine your lab policies and practices to determine if changes are necessary to comply with the new law. Currently, violations of EKRA can result in fines up to $200,000, 10 years in jail, or both!
This 90-minute webinar, including an interactive Q&A session, will educate you and your staff on EKRA and other legislative changes, clarify and provide understanding into the laws’ complexities, and help to ensure that your lab stays in compliance and avoids fines and punishment!
The main provisions of EKRA and its potential impact to your labSteps your lab should take until Congress potentially moves to amend EKRA in 2019Examples of the most common violations that could put your lab at riskWhy it’s important to evaluate your current compensation arrangements with all referral sources
How to avoid whistleblowers who are incentivized by rewards, and more
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Senior Vice President & General Counsel