I recently had an article published in Compliance Today in which I analyzed the complex relationship that exists in the healthcare industry between the Eliminating Kickbacks in Recovery Act (EKRA) and the Anti-Kickback Statue (AKS), and the potentially confusing overlap that the two share. Read how I venture to untangle the application of the two and what to know moving forward.

Using specific examples from different cases relating to this matter, I further dissect the significance of the EKRA and AKS in S&G Labs Hawaii, LLC v. Graves and United States v. Schena in terms of the application of the act and statute in sales and marketing, the conclusion of “no illegal kickbacks” in United States v. Alice Miles under 42 U.S.C. § 1320a–7b(b)(2)(A) (AKS), and much more.

Additionally, I detail takeaways to consider when applying the ERKA and AKS in noncompliant referral and payment relationships in the clinical laboratory and recovery industries, and also in sales and marketing arrangements. 

Compliance Today subscribers can read the full article here.