The Corporate Transparency Act – A Series of the Latest Updates for Reporting Companies

The effective date of the Corporate Transparency Act and its corresponding rules promulgated by FinCEN was January 1, 2024.  In January 2023, we published an article that discussed the intent and importance of the CTA (available here).  The CTA may be a landmark piece of legislation that reshapes how certain entities report and disclose information…

The Eliminating Kickbacks in Recovery Act – Enforcement Trends & Effects on Employment Arrangements

The Eliminating Kickbacks in Recovery Act (“EKRA”) was enacted in 2018 in an effort to address fraud occurring in substance use disorder (“SUD”) treatment.  EKRA prohibits paying, receiving, or soliciting remuneration in return for patient referrals to laboratories, recovery homes, and clinical treatment facilities.[1]  Under EKRA, clinical treatment facilities are defined broadly to include, “a…

Emergency Rulemaking Expands AHCCCS’ Exclusion Authority

AHCCCS has broad authority to exclude participating providers from its program.  For example, AHCCCS may terminate a provider’s AHCCCS participation agreement if the provider fails to comply with their provider participation agreement, or with federal and state laws, rules, or regulations.  AHCCCS must also suspend payments pending an investigation of a “credible allegation of fraud”…