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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. Rather, Pfizer argues, the AKS focuses on “corrupt transactions,” such as the specific examples of “kickback, bribe, or rebate” that Congress provided. Borrasi, 639 F.3d 3d 774 (7th Cir.

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The 340B Showdown: HRSA Proceeds Towards Enforcement Despite Litigation

FDA Law

Department of Health and Human Services (“HHS”), which reported that discounted purchases totaled $38 billion in 2020, a 27% increase compared to 2019. Manufacturers may choose not to participate in this program, but the federal government will not reimburse for their outpatient drugs under Medicaid or Medicare Part B if they do not.

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District Court Interprets EKRA

FDA Law

In general, EKRA prohibits, knowingly and willfully, soliciting, receiving, paying or offering kickbacks in exchange for referring to, inducing a referral to, or using the services of a recovery home, clinical treatment facility, or laboratory. The Eliminating Kickbacks in Recovery Act (“EKRA”). 18 U.S.C. § 18 U.S.C. § 18 U.S.C. §

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District Court Interprets EKRA

FDA Law

In general, EKRA prohibits, knowingly and willfully, soliciting, receiving, paying or offering kickbacks in exchange for referring to, inducing a referral to, or using the services of a recovery home, clinical treatment facility, or laboratory. The Eliminating Kickbacks in Recovery Act (“EKRA”). 18 U.S.C. § 18 U.S.C. § 18 U.S.C. §