In an article published for the July 2023 issue of Compliance Today, Fort Lauderdale partner Gabriel Imperato discusses his insights into the Eliminating Kickbacks in Recovery Act (EKRA), its limitations, prohibitions involving the Anti-Kickback Statute (AKS), and how it applies to the healthcare industry.

Imperato writes, “The case law interpreting the EKRA is limited and only includes, to date, the Graves and Schena cases. These district court decisions have limited precedential value, have only been applied to a limited scope of conduct, and have contradictory applications of the EKRA.” However, he notes, “There will surely be additional developments with the interpretation and application of the EKRA, especially if it should be applied in context with the federal AKS.”

Subscribers to Compliance Today can read the full article here.