Tag Archives: drug discount programs

OIG permits retailer to use Medicaid enrollment as qualification for discount program

In the first advisory opinion of 2022, the Department of Health and Human Services’ Office of Inspector General (OIG) allowed Medicaid beneficiaries to qualify for a benefit available to low-income individuals, even though the arrangement would not qualify as a “retailer reward.” The OIG stated it would not seek enforcement of the federal Anti-Kickback Statute … Continue Reading

Future of discount safe harbor for prescription drugs remains uncertain

In November 2020, four months after the Trump Administration issued a series of Executive Orders reiterating its policy goals on reducing the costs to consumers for prescription drugs and directing the Department of Health and Human Services, Office of Inspector General (“HHS-OIG”) to implement those policy objectives, HHS-OIG issued a Final Rule to amend certain … Continue Reading

Seventh Circuit adopts Safeco objective reasonableness standard in the context of false claims act cases

On August 12, 2021, the Seventh Circuit joined the Third, Eighth, Ninth, and D.C. Circuits in holding that the “objective reasonableness” standard for determinations of scienter, as set forth by the Supreme Court in Safeco Insurance Co. of America v. Burr, 551 U.S. 47, 70 (2007), applies in the context of False Claims Act (FCA) … Continue Reading
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