Second Circuit Agrees that Copay Assistance Programs May Violate the Anti-Kickback Statute
FDA Law
AUGUST 4, 2022
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. Pfizer appealed to the Second Circuit. Further, “there is little utility in comparing the language of the BIS to that of the AKS.”.
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