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Labs Should Be Cautious about ‘Surprising’ EKRA Ruling

In civil case in Hawaii, judge rules a clinical laboratory sales rep’s commission did not violate the law

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 percentage-based sales commissions to clinical …

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