The 9th Circuit’s EKRA Ruling: Implications For Behavioral Health And Clinical Labs
By NICOLETTE TABER & DUSTIN PLUMADORE
Dickinson Wright
Recently, the Ninth Circuit Court of Appeals affirmed a conviction of a lab operator for violations of the Eliminating Kickbacks in Recovery Act (“EKRA”) in United States v. Schena. This ruling, the first ever appellate interpretation of EKRA, has notable implications for both the laboratory industry and the greater healthcare industry.
What is EKRA?
EKRA was enacted in 2018 as a component of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (SUPPORT Act). EKRA makes it a federal crime to accept or pay kickbacks for referrals to recovery homes, clinical treatment facilities, or laboratories. Similar to the Anti-Kickback Statute, [Read More]