Attention:

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


Level: Advanced
Runtime: 96 minutes
Recorded Date: August 29, 2019
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Agenda


  • The Opioid Crisis
  • The Evolution of the SUPPORT Act and Key provisions
  • The Eliminating Kickbacks in Recovery Act of 2018 (EKRA)
  • EKRA and the Anti-Kickback Statute
  • Case Scenario and Sales
  • Compliance and False Claims Act Liability
Runtime: 1 hour and 36 minutes
Recorded: August 29, 2019

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”). 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 compliance or a litigation scenario.

This program was recorded on August 29th, 2019.

Provided By

American Bar Association

Panelists

Jeffrey J. Ansley

Partner
Bell Nunnally & Martin, LLP

Jeff Ansley is 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.

Jeff focuses his practice on white collar defense, representing professionals and corporate clients in high stakes investigations and cases before federal prosecutors and in court when the time comes. As a former federal prosecutor, he has an insider’s knowledge of the tactics and resources used by prosecutors and investigators, and so knows how to combat them. Jeff has long been a white collar trial lawyer with a special focus on health care fraud, securities enforcement, and other alleged business crimes.

Jeff represents targets of government health care investigations and prosecutions. His clients include physicians, hospitals, compounding pharmacies and their personnel, and medical organizations and suppliers. In doing so, he has significant experience with matters handled by the Department of Justice, the Medicare Fraud Strike Force, the Department of Defense, and the Health and Human Services - Office of Inspector, among others. Jeff also counsels clients in securities enforcement cases arising from securities offerings and stock trading activities, representing officers, directors, independent committees and boards, and other professionals in high-stakes securities cases. This experience makes him uniquely qualified to handle not only these investigations and charges, but also the collateral regulatory, administrative and civil consequences that often come with them.

He also handles federal and state administrative actions instituted by securities and health care regulators, including acting as counsel for corporations and their officers and directors, physicians and physician groups, broker-dealers, investment advisers, and other professionals and organizations.

Jeff also conducts internal investigations on behalf of corporate clients involving allegations of securities, health care, and tax fraud, employee misconduct, possible violations under the Federal Corrupt Practices Act, and trade secret theft violations, among other suspected misconduct. In addition, he develops compliance and ethics programs for corporations and other business entities. Texas Monthly and D Magazine have consistently recognized him for his white collar and regulatory defense practice.

Calvin B. Marshall, Jr.

Associate
Chambliss Bahner & Stophel, P.C.

Cal Marshall is a member of the firm’s Health Care, Business, Startup, Nonprofits and Cybersecurity Practice Groups.

He works with clients on a variety of health care and business contracting and regulatory issues, including: HIPAA compliance; data breach response and communication; revenue cycle management, practice management and electronic medical record contracting and compliance issues; negotiation of employment, professional services, medical director, leasing and other agreements; Stark, Anti-Kickback and other fraud and compliance matters, including self-disclosures; telemedicine issues; negotiation of health care contracts with governmental entities; mergers and acquisitions; Medicare enrollment and payment issues; and compliance with state laws and regulations.

Cal also works with startup companies on business formation, structure and regulatory issues and also works with nonprofit entities on organizational, governance and tax exemption-related matters, among others.

Prior to practicing law, Cal served as an aide to several members of the U.S. House of Representatives, working on health care policy and government oversight matters, among others.

Cal serves in multiple leadership roles within the American Bar Association's Health Law Section and regularly writes and speaks on a variety of legal topics. He is a contributor and past editor of fraud and compliance-related items in the ABA Health Law Section’s weekly HLBytes publication.

Rachel V. Rose

Principal
Rachel V. Rose - Attorney At Law, PLLC

Rachel V. Rose, JD, MBA, is a Houston-based attorney advising on federal and state compliance and areas of liability associated with a variety of healthcare, legal and regulatory issues including: HIPAA, the HITECH Act, the False Claims Act, Medicare issues, women's health as well as corporate and security regulations.

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