The Eliminating Kickbacks in Recovery Act(EKRA) is a federal law that prohibits the exchange of anything of value in an effort to induce patient referrals to recovery homes, clinical treatment facilities, or laboratories. Labs that suspect they may have violated EKRA should take immediate action to address the situation and mitigate any potential penalties. In this blog post, we will outline the steps that a lab should take if they suspect they have violated EKRA.
Understanding EKRA
Before we delve into the steps that labs should take if they suspect they have violated EKRA, let’s first understand the law itself. EKRA was enacted as part of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act in 2018. The primary goal of EKRA is to combat patient brokering and the illegal kickback schemes that have plagued the addiction treatment industry.
How labs may violate EKRA
Labs can violate EKRA if they engage in activities that involve the exchange of anything of value in return for patient referrals. Some common ways labs may violate EKRA include:
- Offering kickbacks or bribes to healthcare providers in exchange for patient referrals
- Providing free or discounted testing services to providers who refer patients to the lab
- Entering into exclusive agreements with providers that guarantee them a certain volume of referrals
Steps to take if a lab suspects they have violated EKRA
1. Conduct an internal investigation
If a lab suspects they have violated EKRA, the first step is to conduct an internal investigation to gather all relevant information and evidence. This may involve interviewing employees, reviewing contracts and financial records, and assessing the lab’s current practices and procedures.
2. Seek legal counsel
It is crucial for labs to seek legal counsel as soon as they suspect they have violated EKRA. An experienced healthcare attorney can help guide the lab through the investigation process, assess the potential legal implications, and develop a strategy for addressing the situation.
3. Take corrective action
Once a lab has a better understanding of the potential violation, they should take immediate corrective action to address the situation. This may include terminating any illegal agreements, implementing new compliance policies and procedures, and disclosing the violation to the appropriate authorities.
4. Cooperate with authorities
If a lab determines that a violation of EKRA has occurred, they should cooperate fully with any investigations conducted by law enforcement agencies or regulatory bodies. This may include providing documentation, participating in interviews, and working to resolve the issue in a timely and transparent manner.
5. Implement a compliance program
To prevent future violations of EKRA, labs should implement a robust compliance program that includes regular training, auditing, and monitoring activities. This can help ensure that all employees are aware of their legal obligations and that the lab remains in compliance with all relevant laws and regulations.
Conclusion
Violating EKRA can have serious consequences for labs, including hefty fines, criminal charges, and damage to their reputation. By taking proactive steps to address a suspected violation of EKRA, labs can minimize the potential penalties and protect their business from further harm. It is essential for labs to act quickly, seek legal counsel, and implement corrective measures to ensure compliance with EKRA and other applicable laws.
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