Legal Diagnosis, Episode 5: the Case of Mark Schena - Implications on the Anti-Kickback Statute
In Episode 5 of Legal Diagnosis, the podcast where law meets healthcare, our attorneys discuss the latest developments in the case of Mark Schena, a laboratory operator convicted under the Eliminating Kickbacks in Recovery Act, 18 U.S.C. § 220 (EKRA), for paying marketers who sold testing on behalf of his laboratory. McDonald Hopkins’ healthcare attorneys Liz Sullivan, Emily Johnson, and Jane Pine Wood have been following the case since Schena’s 2021 conviction. In this episode, they examine the most recent court decision in the case (affirming Schena’s criminal conviction) and its implications for applying the anti-kickback statute and interpreting the law in sales representative arrangements.
Stay tuned for episode six of Legal Diagnosis!