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Philips Recalled CPAP, Bi-Level PAP, and Mechanical...
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June 23, 2017
General
When Does a Drug Manufacturer’s Savings Card Program or Discount Coupon Violate the Anti-Kickback Statute?
A drug manufacturer’s savings card program or discount coupon under which individuals who have Medicare Part D prescription drug coverage receive discounts may violate the Anti-Kickback Statute (“AKS”), unless the drug being purchased is statutorily excluded from Part D coverage. The key here is that the drug must be excluded […]
June 21, 2017
General
Pharmacy Discount Programs Can Lead to a Violation of the False Claims Act
Retail pharmacies that offer a discount drug pricing program to consumers must charge Medicare the same prices for drugs that they charge consumers who participate in those programs. To do otherwise violates the False Claims Act (“FCA”). The specific question is whether a pharmacy that offers a discount drug pricing […]
June 19, 2017
General
Common Challenges With the Qui Tam Seal Requirement: What Whistleblowers Can Expect
One of the various procedural requirements imposed on whistleblowers is that they file their cases “under seal.” Not much is explained in the False Claims Act (“FCA”) as to what that means, other than the general understanding that no notification of the filing to the defendant takes place, what is […]
June 15, 2017
General
District Court Rejects the Industry-Wide Public Disclosure Bar, Part II
In Part I of this blog series, we discussed the False Claims Act (“FCA”)’s public disclosure bar and the so called industry-wide public disclosure bar. In this blog post, we will examine a 2017 qui tam case that discusses and rejects the industry-wide public disclosure bar. An industry-wide public disclosure bar […]
June 13, 2017
General
District Court Rejects the Industry-Wide Public Disclosure Bar, Part I
The False Claims Act (“FCA”) permits private individuals, known as relators, to sue on the Government’s behalf to recover funds that were fraudulently or falsely obtained from the Government. If a relator successfully recovers money for the Government, the FCA provides that the relator is entitled to a substantial percentage […]
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