iCheck out the latest episodes on the Stark Integrity podcast hosted by Nelson Mullins Riley & Scarborough LLP's Nashville partner Bob Wade, featuring professionals in the healthcare industry including partner Bart Daniel.
Eliminating Kickbacks in Recovery Act (EKRA): Comparison with the AKS
The Eliminating Kickbacks in Recovery Act (EKRA) is a huge statute. In this episode, Wade discusses the similarities and differences between EKRA and the Anti-Kickback Statute (AKS). Hear why EKRA applies to private payers, how broader applications under EKRA as opposed to the AKS, how EKRA applies generally to clinical laboratories, the origin of EKRA, and “liquid gold” in the recovery world.
Part 1: Boots on the Ground: Stark and Legal Learnings from the Tuomey Case with Nelson Mullins Partner Bart Daniel
There is a lot we can learn from the landmark Tuomey case in the healthcare industry. In this episode, Wade discusses the Stark Law and legal learnings with Bart Daniel, who was involved firsthand in the case. Hear why you shouldn’t dig the hole deeper, why you should take 1 appraisal and stick with it, how to settle a False Claims Act case, why the Tuomey case went down the way it did, and why it ended up being a way bigger case than initially thought.
Part 2: Boots on the Ground: Stark and Legal Learnings from the Tuomey Case with Nelson Mullins Partner Bart Daniel
The Tuomey case is a pinnacle case for healthcare regulatory attorneys. In this episode, Wade continues his Tuomey case discussion with Daniel. Hear why you need to take complaints from employees seriously, why you shouldn’t seek a second opinion on Fair Market Value (FMV) and Commercial Reasonableness (CR), how to structure a model that is compliant and defensible, why the government used the Tuomey case as a poster child, and what issues to look for as a compliance officer or general counsel.
