Question:

What penalties are included in the Eliminating Kickbacks in Recovery Act of (EKRA)?

Answer:

Passed in October 2018, EKRA delivers criminal penalties for anyone and the act states that anyone who “solicits or receives any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, in return for referring a patient or patronage to a recovery home, clinical treatment facility, or laboratory” or “pays or offers any remuneration (including any kickback, bribe, or rebate) directly or indirectly, overtly or covertly, in cash or in kind, to induce a referral of an individual to a recovery home, clinical treatment facility, or laboratory or in exchange for an individual using the services of that recovery home, clinical treatment facility, or laboratory.” These penalties include a fine of up to $200,000 and/or imprisonment of up to 10 years for each occurrence.

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