Podcast
Episode 24 | Trump DOJ Sharpens Its Focus on Healthcare Fraud
Host Jonathan Porter welcomes to the show Husch Blackwell attorney Brandon Hall, a St. Louis-based member of the firm’s Healthcare group, to discuss how the Department of Justice’s reshuffling of priorities could lead to a greater focus on healthcare fraud enforcement. Jonathan and Brandon begin by exploring Brandon’s career prior to entering private practice, when he served as a sales representative for a medical device firm and how this background helped inform Brandon’s interest in and approach to the government’s efforts to regulate healthcare.
The conversation then pivots to the Eliminating Kickbacks in Recovery Act (EKRA), a criminal law enacted by Congress in 2018 as part of a larger package of legislation addressing the opioid crisis. EKRA, however, has broader implications, and Jonathan and Brandon dive into how it intersects with the False Claims Act and how its willfulness provisions and lack of a right of private action have impacted enforcement. They also discuss EKRA case law that has shaped how compliance programs operate and how courts have interpreted the law’s provisions, including its unique preemption scope vis-à-vis state law and other federal statutes.
With recent reports noting redeployment of DOJ resources toward greater healthcare fraud enforcement, EKRA could emerge as a key piece of criminal law that healthcare providers need to consider.
Jonathan Porter | Full Biography
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