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…

Arizona’s New Health Professional Wellness Programs: Five Things You Should Know

For the past few years, healthcare professionals have faced unprecedented challenges, which have been exacerbated by the COVID-19 pandemic. A recent survey revealed that one of the top drivers for nurses leaving their current positions was the emotional toll of the job.[1] Conditions such as understaffing can lead to additional stress for physicians and other…

Getting Back to Normal: AHCCCS Begins Regular Enrollment Renewals

Concurrent with the Covid-19 Public Health Emergency (“PHE”), the Arizona Health Care Cost Containment System (“AHCCCS”) modified requirements related to member enrollment and provider revalidation. Following the Consolidated Appropriations Act of December 2022, Medicaid is decreasing specific additional funding made available during the PHE. As a result, AHCCCS has returned to the regular renewal process…

The Federal Trade Commission Seeks to Ban Non-Compete Clauses

In July 2021, President Biden issued an Executive Order encouraging the Federal Trade Commission (“FTC”) to consider exercising its rulemaking authority to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”[1] On January 5, 2023, the FTC issued a press release stating that non-competes in employment…