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False Claims Act (FCA) › Discounts

Bass, Berry & Sims PLC

Fourth Circuit Adopts Safeco’s Objective Scienter Standard for False Claims Act

Bass, Berry & Sims PLC on

On January 25, in a 2-1 decision in U.S. ex rel. Sheldon v. Allergan Sales, LLC, 2022 WL 211172, the Fourth Circuit became the most recent federal appellate court to hold that the objective scienter standard in the Supreme...more

Baker Donelson

OIG Advisory Opinion 18-01: Excluded Individual May Serve as Marketing Liaison to LTC Pharmacies

Baker Donelson on

In OIG Advisory Opinion 18-01, published February 27, 2018, the OIG concluded a proposed employment arrangement between an excluded individual and a for-profit company selling discounted emergency medications to long term...more

Manatt, Phelps & Phillips, LLP

Health Update - August 2016

Manatt, Phelps & Phillips, LLP on

Section 1332 Waivers: Will We See More State Innovation? - Editor's Note: In a new essay for the National Institute of Health Care Management (NIHCM), summarized below, Manatt Health examines Section 1332 waivers and the...more

Mintz - Health Care Viewpoints

Pharmacy Qui Tam Based On U&C Price Billing Survives Motion to Dismiss

Mintz - Health Care Viewpoints on

Once again, a pharmacy employee has filed a qui tam involving a drug discount program, alleging that the failure of the pharmacy to use the discounted pricing as the “usual and customary” price in Medicaid and Medicare Part D...more

Faegre Drinker Biddle & Reath LLP

OIG Warns Pharma Its Copayment Coupons May Aid Crime

Faegre Drinker Biddle & Reath LLP on

Brand name drugs cost a lot. So to make them more attractive, drug manufacturers issue coupons for discounts on the copayment portion of the price. They work the same as the dollar-off coupons offered by cereal manufacturers....more

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