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New Percentage-Based Commissions Ruling

Latest decision from California federal court conflicts with earlier EKRA ruling in Hawaii

CEO SUMMARY: In denying a motion to dismiss certain charges against a clinical laboratory owner, a federal court in California has declared that the Eliminating Kickbacks in Recovery Act (EKRA) of 2018 applies to payments for marketing to physicians and other referral sources. This ruling diverges from a prior EKRA-based decision in a Hawaii court. …

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