Volume XVI
July 2021 - Top Stories:

1. Full Focus: Eliminating Kickbacks in Recovery Act (EKRA)

While EKRA was originally signed into law in 2018, there has been significant uncertainty concerning how the relatively new anti-kickback rule will be applied as the Covid-19 Public Health Emergency winds down. With the DOJ now ramping up enforcement actions under the law, clinical labs should be taking steps to ensure their compensation and marketing arrangements don’t run afoul of EKRA, which bars traditional volume- and value-based payment structures for employees.

Read on in this month's Lab Insighter to gain a better understanding of the exceptions allowed under EKRA and how to remain in compliance with the law.

2. Webinar: How to Keep Your Lab EKRA Compliant

In this webinar, hear from legal and revenue cycle management experts about the steps you can take to ensure your lab doesn't find itself in violation of EKRA or other anti-kickback laws. During this event, our panel will discuss:

  1. An overview of compensation arrangements barred under EKRA, including safe harbor exceptions.
  2. How the law interacts with and differs from Anti-Kickback Statute.
  3. Alternative compensation strategies for your sales and marketing employees.
1. Trending Issue: Delta Variant Puts the Spotlight Back on Covid-19

With the Delta variant now on the rise, questions are being asked regarding the ability of current Covid tests to detect delta. This is an important question for labs that are testing for the virus. 

For reference, the nation's current seven-day case average was 26,306 as of July 16, a 69.3 percent increase from the previous week's average, according to the CDC's latest COVID Data Tracker Weekly. With numbers continuing to rise, it's important to ensure your lab is prepared to address new testing demand.

Our CovidNow and SalivaNow Assays are real-time RT-PCR tests that detect the Delta variant, as well as other variants of SARS-CoV-2. If your lab needs an assay that detects the Delta variant, click on the link below to learn more:

2. How to Avoid Running Afoul of EKRA

The question every lab seems to be asking themselves right now is how they can avoid becoming one of the next targets of legal enforcement under EKRA.

In our article, we provide insight on:

  • The history and purpose of EKRA.
  • Specific compensation arrangements barred under the act.
  • Penalties and fines for those prosecuted under EKRA.

While the legal intent of the Eliminating Kickbacks in Recovery Act (EKRA) overlaps in several areas with existing Anti-Kickback Statute (AKS), EKRA is separate offense with some substantial distinctions that serve to make the law more stringent for laboratories than AKS.
Because EKRA’s bona fide employee safe harbor does not permit compensation that is determined by, or varies with, the number of individuals referred, the number of tests or procedures performed, or the amount billed to or received from a payer, pre-existing employee compensation arrangements that comply with the Anti-Kickback Statute may now run afoul of EKRA.
The following article describes:

  • The chief differences between EKRA and Anti-Kickback Statute.
  • Tips for adjusting your employee compensation arrangements to remain in compliance.
  • A breakdown of the exceptions allowed under EKRA.

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The Lab Insighter is a monthly publication for Lab Owners and Decision Makers.
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