EKRA: Ramifications of the New “All-Payor” Federal Antikickback Law

As part of the federal government’s ongoing efforts to combat the nationwide opioid crisis, Congress enacted the Eliminating Kickbacks in Recovery Act of 2018 (EKRA) with the intent to prohibit individuals from referring patients with substance use disorders to recovery homes, clinical treatment facilities, and laboratories in exchange for kickbacks.

While EKRA’s stated purpose is to reduce patient brokering activities, its scope is much broader, establishing criminal sanctions for soliciting or receiving remuneration in exchange for a referring a patient to, or in exchange for an individual using the services of, a recovery home, clinical treatment facility, or laboratory, when services are paid for by either public or private insurers. Violations carry a fine of up to $200,000 and a 10-year prison term.

EKRA’s broad anti-kickback prohibition raises significant questions regarding the applicability of EKRA to existing arrangements that otherwise comply with federal laws.

Please join Adam J. Falcone, JD, MPH from Feldesman Tucker Leifer Fidell for this webinar to better understand the impact and risk areas created by EKRA by addressing the definition of a prohibited kickback arrangement under EKRA and the exceptions that act as a safe harbor for otherwise prohibited conduct. The webinar will also identify steps organizations can take to review compliance with EKRA and its exceptions.