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Eliminating Kickbacks in Recovery Act of 2018
Attorney Discusses Federal Cases Involving EKRA Violations by Labs
By Robert Michel | From the Volume XXXI, No. 4 – March 18, 2024 Issue
IT’S BEEN MORE THAN FIVE YEARS since Congress passed the Eliminating Kickbacks in Recovery Act of 2018 (EKRA). Lab managers and their attorneys quickly recognized that, whereas the Anti-Kickback Statute (AKS) has a safe harbor that permits percentage-based sales commissions to W2 employees, EKRA does…
Innovation Showcased at Executive War College
By Robert Michel | From the Volume XXIX, No. 7 – May 16, 2022 Issue
CEO SUMMARY: This year’s Executive War College on Laboratory and Pathology Management proved to be a high-energy event. A record 900 attendees showed up and responded enthusiastically to visions and predictions of a post-COVID-19 healthcare system that hungers for large volumes of…
DOJ: EKRA Governs Lab Sales and Marketing Commissions
By Robert Michel | From the Volume XXIX, No. 6 – April 25, 2022 Issue
BY FILING A MOTION IN A U.S. DISTRICT COURT RECENTLY, officials from the federal Department of Justice (DOJ) took steps to oppose an earlier ruling by a federal judge in Hawaii dealing with the way the Eliminating Kickbacks in Recovery Act of 2018 (EKRA) governs how percentage-based commission…
Judge Vacates Provision in No Surprises Act
By Robert Michel | From the Volume XXIX, No. 5 – April 4, 2022 Issue
CEO SUMMARY: It …
Labs Should Be Cautious about ‘Surprising’ EKRA Ruling
By Robert Michel | From the Volume XXIX, No. 3 – February 22, 2022 Issue
CONFUSION ABOUT WHEN IT IS LEGAL UNDER TWO FEDERAL LAWS to pay commissions to sales reps based on volume and/or revenue has existed since the passage of the federal Eliminating Kickbacks in Recovery Act of 2018 (EKRA). Now, a district court judge in Hawaii has surprisingly ruled that payments of perc…
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