The SUPPORT Act and EKRA – What These New Laws Mean for Lawyers and Clients

$169.00

The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (“SUPPORT Act”), Pub. L. 115-271 (Oct. 24, 2018) addresses various aspects related to the opioid crisis through a series of over 120 separate bills. One of these bills is a result of the SUPPORT Act’s Section 8122 – Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”). One consideration that comes out of EKRA is that it must be read in conjunction with other statutes that concern the same subject or matter. In this instance, it is prudent to read the federal Anti-kickback Statute the Physician Self-Referral Law (“Stark Law”) and the Travel Act in conjunction with EKRA.

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Event Details

Webinar Date

Webinar Time

Course Type

Course Instructor

Rachel V. Rose, JD, MBA

Original Date Of Course

General Credits

1.5

Course Description

The Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (“SUPPORT Act”), Pub. L. 115-271 (Oct. 24, 2018) addresses various aspects related to the opioid crisis through a series of over 120 separate bills. One of these bills is a result of the SUPPORT Act’s Section 8122 – Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”). One consideration that comes out of EKRA is that it must be read in conjunction with other statutes that concern the same subject or matter. In this instance, it is prudent to read the federal Anti-kickback Statute the Physician Self-Referral Law (“Stark Law”) and the Travel Act in conjunction with EKRA.

The purpose of this webinar is to provide an overview of the SUPPORT Act and ERKA and the potential liability that may arise from non-compliance in relation to the False Claims Act. At the end, a compliance, defense and plaintiff perspective will be provided.

Principles

  • Appreciate the evolution of the Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (“SUPPORT Act”) and Eliminating Kickbacks in Recovery Act of 2018 (“EKRA”) in relation to the opioid crisis.
  • Understand how EKRA relates to Stark Law and the Federal Anti-Kickback Statute.
  • Gain knowledge to implement compliance programs and appreciate the potential litigation risks, which may arise under the False Claims Act.

Syllabus

  1. Introduction and overview
  2. Explanation of the opioid crisis and its impact on the SUPPORT Act and EKRA
      • Legislative history of the SUPPORT Act, Congressional Intent and Key provisions
  3. Telemedicine provisions of the SUPPORT Act
  4. Explanation of EKRA, Section 8122 of the SUPPORT Act
  5. Overview of the AKS, Stark Law and False Claims Act
      • Comparison of the EKRA and AKS Safe Harbors – similarities and differences
      • Compliance and litigation perspective and questions

 

Instructor

Rachel V. Rose, Esq.

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