Does your healthcare practice use employment agreements with non-compete provisions? If so, your practice may be a target of the FTC.

By: Desalina A. Williams and Jodi R. Bohr In 2024, the Federal Trade Commission (the “FTC” or “Commission”) finalized a rule that prohibited noncompete clauses in employment agreements.[1] This rule sparked significant discourse across various industries. However, the rule was never enforced because a Texas federal court issued a nationwide injunction blocking the FTC’s rule…

Are you Checking the PMP Before Prescribing? Pharmacy Board Audits of PMP Data

The Arizona Controlled Substances Prescription Monitoring Program (“PMP”) was established in 2007 and provides the State of Arizona with a central database to track the dispensing of controlled substances.  The PMP is designed to assist providers in making better-informed decisions and help “prevent the diversion and misuse of controlled substances at the provider, pharmacy, and…

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…