Aug

    The SUPPORT Act, EKRA and the Impact on the False Claims Act

    12 PM EDT

    How well do you understand the recent Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (“SUPPORT Act”)? Did you know it includes "eliminating kickbacks" provisions that overlap with the Anti-Kickback Statute and False Claims Act? Join our faculty as they discuss these and other issues.

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    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”). Because of the overlap with EKRA and certain provisions of the Federal Anti-Kickback Statute and the False Claims Act, this presentation will focus on the comparison of these laws, as well as approaching how EKRA may be used by the plaintiff/government and the defendant, in either a compliance or a litigation scenario.

    By the end of the program, you will understand and appreciate:
    •The key parts of the SUPPORT Act and EKRA and their relevance to other laws
    •How the EKRA safe harbors are both similar to and different than the AKS safe harbors
    •That EKRA is an all-payor statute that may be used as a basis for a False Claims Act case and potential criminal prosecution

    Rachel V. Rose, JD, MBA is a principal with Rachel V. Rose – Attorney at Law, PLLC (Houston, Texas) who advises clients on healthcare, cybersecurity and qui tam matters. She also teaches bioethics at Baylor College of Medicine. She has been consecutively named by Houstonia Magazine as a Top Lawyer (Healthcare) and to the National Women Trial Lawyer’s Top 25. Presently, Ms. Rose is Chair of the Federal Bar Association’s Government Relations Committee and on the Qui Tam Section’s Executive Board. She can be reached at rvrose@rvrose.com.

    Jeffrey J. Ansley, is a partner with Bell Nunnally (Dallas, Texas), a white collar trial lawyer and the head of Bell Nunnally’s White Collar Criminal and Regulatory Defense practice. Before joining the firm, he served as both an Assistant United States Attorney for the Northern District of Texas and Enforcement Attorney for the United States Securities and Exchange Commission. He can be reached at jansley@bellnunnnally.com.

    Event Details

    Duration

    90

    Format

    Web

    Date

    Aug 29, 2019

    2019-08-29T12:00:00-04:00 2019-08-29T13:30:00-04:00 The SUPPORT Act, EKRA and the Impact on the False Claims Act How well do you understand the recent Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment for Patients and Communities Act (“SUPPORT Act”)? Did you know it includes "eliminating kickbacks" provisions that overlap with the Anti-Kickback Statute and False Claims Act? Join our faculty as they discuss these and other issues.

    Sponsors

    Panelists

    Jeffrey J Ansley

    Rachel V Rose

    Moderators

    MCLE Information

    The ABA will seek 1.50 hours of CLE credit in 60-minute states, and 1.80 hours of CLE credit for this program in 50-minute states. Credit hours are estimated and are subject to each state’s approval and credit rounding rules.

    View - MCLE Details

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