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Randy Luskey and Michael Milea Discuss Uncertainty About the Scope of the Eliminating Kickbacks Recovery Act in the Daily Journal

November 4, 2022

In a Daily Journal article published November 4, litigation partner Randy Luskey and associate Michael Milea discuss how the first criminal conviction under the Eliminating Kickbacks Recovery Act (EKRA) has created uncertainty about EKRA’s scope. In “United States v. Schena: A Criminal Conviction Under EKRA Creates Uncertainty About the Statute’s Scope,” Randy and Michael examine how United States v. Schena, one of only two cases so far to interpret the scope of EKRA, may have far-reaching implications for certain compensation agreements between clinical laboratories and their salespeople.

“Though originally intended to help combat the opioid epidemic, the government has more recently interpreted EKRA to cover conduct outside the addiction-recovery context, and the U.S. Attorney General and Secretary of Health and Human Services have not yet promulgated clarifying regulations in this area,” Randy and Michael write.

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