Are You Ready for EKRA? What You Need
to Know Now About How this New Legislation
Affects Your Lab
Webinar held Wednesday, April 24
STREAM ON DEMAND
EKRA (The Eliminating Kickbacks in Recovery Act) was passed October 24, 2018 as part of the SUPPORT Act, a combination of more than 70 bills aimed at fighting the current opioid epidemic. EKRA is intended to address patient brokering—in exchange for kickbacks—of individuals with substance abuse disorders.
As written, however, EKRA is far more expansive—with its broad language enabling the federal government to monitor provider arrangements intended to generate business for any laboratory services, not just those related to individuals in treatment for substance abuse disorders, payable by a FHCP or commercial health insurer.
Though this unprecedented expansion may at some point be modified, as it appears that laboratories were thrown into EKRA at the last minute, current consequences are that clinical laboratories—and their compensation to sales and marketing personnel—are being brought under scrutiny, with exposure to potential criminal penalties.
The scope of EKRA and its related enforcement risk is still unknown. While these issues become clearer, you and your lab staff need the latest updates on EKRA, and to examine your lab policies and practices to determine if changes are necessary to comply with the new law. Currently, violations of EKRA can result in fines up to $200,000, 10 years in jail, or both!
This 90-minute webinar, including an interactive Q&A session, will educate you and your staff on EKRA and other legislative changes, clarify and provide understanding into the laws’ complexities, and help to ensure that your lab stays in compliance and avoids fines and punishment!
In this program, you will learn:
• The main provisions of EKRA and its potential impact to your lab
• Steps your lab should take until Congress potentially moves to amend EKRA in 2019
• Examples of the most common violations that could put your lab at risk
• Why it’s important to evaluate your current compensation arrangements with all referral sources
• How to avoid whistleblowers who are incentivized by rewards, and more!
Who should attend?
• Laboratory Owners and C-Suite Executives
• Lab Sales and Marketing Leaders
• Laboratory Administrators, Directors, and Compliance Managers
• Laboratory legal representation
STREAM ON DEMAND
Our expert speakers:
Marty Barrack
Senior Vice President & General Counsel
XIFIN, Inc.
San Diego, CA
Charles C. Dunham, IV
Business and Health Care Attorney
Epstein Becker & Green, P.C.
Houston, TX
STREAM ON DEMAND
Speakers:
Marty Barrack
Senior Vice President & General Counsel
XIFIN, Inc.
San Diego, CA
Marty Barrack brings nearly 30 years of legal experience supporting healthcare and technology companies. Marty came to XIFIN from Dexcom, a medical device manufacturer where he served as Assistant General Counsel and Global Privacy Officer. Before that Marty led his own firm through which he provided legal services to XIFIN, among many other health and technology companies, and previously served as an attorney for The TriZetto Group, a medical software company. Marty has a B.S. in industrial and labor relations from Cornell University, a J.D. from UCLA School of Law, and an MBA from Vanderbilt University. Upon graduating from law school, Marty clerked for the Honorable Andrew J. Kleinfeld, then a U.S. District Court Judge for the District of Alaska.
Charles C. Dunham, IV
Business and Health Care Attorney
Epstein Becker & Green, P.C.
Houston, TX
Charles Dunham provides counsel and representation to health care providers and health-related entities in a range of matters involving corporate formation and governance, business transactions and acquisitions, commercial arrangements, and health regulatory compliance. His national health law practice focuses on clinical and pathology laboratories, hospitals and health systems, physician group practices and networks, telehealth practitioners and providers, ambulatory surgery and infusion centers, and health information technology companies. He also advises private-equity firms and venture capitalists on health regulatory due diligence reviews and negotiated transaction documents in connection with acquisition and investiture in health care and health-related organizations.
Joseph Burns
Senior Editor
The Dark Report
Spicewood, TX
Joseph Burns has been a writer and editor for the Dark Intelligence Group since 2004. As a career journalist, he has covered healthcare since 1991, reporting on clinical labs, managed care, health policy, and the business of health care. In this role, he has written for a wide variety of publications. Also, he has worked as a contract writer for such organizations as the Health Care Incentives Improvement Institute, the National Quality Forum, the National Committee for Quality Assurance, and the National Association of Health Care Purchaser Coalitions. Burns began his journalism career in Connecticut where he worked for a weekly newspaper. During this time, he also served as a lecturer in the Journalism Department at the University of Connecticut where he taught newswriting to undergraduates.