Complying With EKRA Following Recent Legal Action

Following a recent criminal conviction under the Eliminating Kickbacks in Recovery Act (EKRA), it is evident that federal prosecutors intend to utilize EKRA in anti-fraud enforcement. The law, which was designed, among other things, to stop patient brokering practices by substance abuse homes and improper payment arrangements with toxicology laboratories, has long thrown into question whether any commission-based compensation arrangements are compliant for laboratory sales personnel. Now, the current landscape for compensating sales and marketing employees is more uncertain than ever.

Join us as we welcome Charles Dunham, a corporate healthcare attorney at Greenberg Traurig, LLP, whose firm is working on an appeal of a recent EKRA prosecution, to provide an overview of the history of EKRA and an update on how labs can comply with the law as it currently stands.

During this webinar, we will discuss:

• A brief history of EKRA.
• An overview of arrangements barred under EKRA.
• Updates on EKRA case law and prosecutions to date.
• Alternative compensation strategies under EKRA for sales personnel.