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Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute

FDA Law

On June 27, 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. That court granted summary judgment to the government on the APA claim and rejected Pfizer’s narrower reading of the AKS, which would require an element of “corrupt” intent to impose AKS liability.

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Could the Road to an AKS Violation Be Paved with Good Intentions? Pfizer Asks SCOTUS

FDA Law

In June 2019, Pfizer sought an OIG advisory opinion to ensure that its proposal would not run afoul of federal law. The Court found that there is at best little utility in interpreting the AKS by reference to the BIS. The Medicare program would pay most of the remaining $225,000 in annual cost. Pfizer’s Petition to SCOTUS.

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Corporate Liability from Employee Diversion: Costly on Many Fronts

FDA Law

This matter is the latest in a recent string of large monetary settlements between the government and health care providers involving employee diversion. It was alleged that other employees administered the medication to patients even after observing signs of tampering, although no patients were reported harmed.

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CMS Publishes Grab Bag of Proposed Changes to the Medicaid Drug Rebate Program

FDA Law

Kirschenbaum — Last Friday, May 26, CMS published in the Federal Register an assortment of proposals to change the regulations governing the Medicaid Drug Rebate Program. The preamble notes that this information would help ensure that drugs are being used for approved or otherwise medically accepted indications. See 42 U.S.C.