Section 1822 of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act (the “SUPPORT Act”), passed at the end of October 2018, includes the “Eliminating Kickbacks in Recovery Act of 2018” (“EKRA”). Although EKRA was created to address “patient brokering,” the practice by recovery homes and treatment facilities of engaging third parties, or “body brokers,” to recruit patients in exchange for kickbacks, EKRA’s language prohibits a much broader scope of conduct. Specifically, EKRA has significant implications for any financial relationship that any clinical laboratory has with any individual or legal entity that generates business for it, even for clinical laboratories not involved in addiction recovery programs – including ownership, investment, employment, lease, purchasing, and independent contractor arrangements.
Continue Reading The Eliminating Kickbacks in Recovery Act: An Altered Landscape for Financial Relationships with Clinical Laboratories