BC Advantage - 2023 Issue 3

The Eliminating Kickbacks in Recovery Act Legality of Percentage-Based Compensation

The Eliminating Kickbacks in Recovery Act (EKRA), part of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act, was passed in 2018. Since its passing, there has been very limited guidance as to how EKRA should be applied. EKRA makes it unlawful to offer or solicit remuneration in exchange for patient referrals to recovery homes, clinical treatment facilities, or laboratories. Notably, this applies to all laboratories, not just those who test specifically for substance use disorders. EKRA is similar to the Antikickback Statute (AKS), except it is much broader, as it...

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