Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute
FDA Law Blog
AUGUST 4, 2022
In September 2020, the Agency issued an unfavorable advisory opinion to Pfizer, concluding that the proposal was “highly suspect” under the AKS “because one purpose of the [proposed program]—perhaps the primary purpose—would be to induce Medicare beneficiaries to purchase [Pfizer’s] federally reimbursable Medications.”
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