Compliance Alert: New Private-Pay Opioid Law Puts All Drug Addiction & Rehab Labs at Risk of Federal Prosecution

The Law of Unintended Consequences
Letting the feds prosecute kickbacks involving private payers is a big departure and, arguably, an encroachment on the prosecutorial powers of the states which have their own kickback laws. So, the EKRA exception was supposed to be a narrow measure to deal with the opioid crisis. The problem is that EKRA’s language is so broad that it permits prosecution of any lab or non-hospital provider who provides addiction treatment or recovery services, even if the referral in question does not involve addiction treatment and recovery services.


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