By: Joshua Robbins and Ryan Stasell
Since it was enacted in 2018, the Enforcing Kickbacks in Recovery Act (EKRA) has marked a major expansion of the federal anti-kickback enforcement regime in health care. While the Anti-Kickback Statute (AKS) had for years prohibited payments for referrals of patients covered by Medicare and other federal health insurance programs, EKRA for the first time made such payments illegal for certain referrals involving patients with commercial insurance or other non-federal coverage. Addiction treatment providers, sober living homes, and diagnostic laboratories quickly found themselves in the crosshairs.
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