As previously discussed here, Johnson & Johnson (J&J) recently announced its intention to change its 340B Drug Pricing Program discount available to disproportionate share hospital (DSH) Covered Entities on purchases of STELARA and XARELTO. However, the Health Resources and Services Administration (HRSA) notified J&J that its rebate model was contrary to the 340B statute
Pharmaceuticals
J&J Announces New Rebate Model for 340B Program, but HRSA Pushes Back
On August 23, Johnson & Johnson (J&J) announced changes to its 340B Drug Pricing Program discount available to disproportionate share hospital (DSH) Covered Entities on purchases of two of J&J’s most popular drugs, STELARA and XARELTO.
As of October 15, J&J will make a 340B discount on these drugs available through a rebate. According to…
Enforcement Trends Impacting the Drug and Device Industries
On September 19, Rivkin Radler’s Jeff Kaiser will participate on a panel at Practising Law Institute’s “Life Sciences 2024: Navigating Legal Challenges in Drug and Device Industries” program in New York City.
Held at PLI’s NY Conference Center at 1177 Avenue of the Americas and also available to view online, the program will cover the…
NJ Biopharma Company Settles FCA/AKS Case for $5M+
The U.S. Department of Justice announced on July 24 that Admera Health LLC, a New Jersey-based biopharmaceutical research and clinical laboratory testing company, agreed to pay $5,389,648 to resolve kickback allegations brought by two whistleblowers under the False Claims Act (FCA).
Admera provides biopharmaceutical research services for healthcare institutions and provided clinical laboratory testing services…
AG Garland Announces Nationwide Healthcare Enforcement Action
On June 27, U.S. Attorney General Merrick Garland announced the results of a two-week nationwide law enforcement action by the Department of Justice (DOJ) in 32 federal districts against 193 defendants for their participation in a variety of healthcare fraud schemes. These federal enforcement actions also included the seizure of more than $230 million in…
Guilty Plea in $50 Million Medicare Fraud Scheme
Manishkumar Patel of Pelham Manor, NY recently pleaded guilty in connection with a healthcare fraud and kickback scheme involving the sale of fraudulent prescriptions to pharmacies, durable medical equipment suppliers, and laboratories, which then obtained payments from Medicare. The scheme resulted in $50 million in fraudulent claims from 2019-22.
Patel and a co-conspirator worked with…
FDA Sends a Message with Two Warning Letters to Amazon
Marc S. Ullman, of counsel to Rivkin Radler, wrote the March 28 article “FDA sends a message with two warning letters to Amazon” in Natural Products Insider.
In the article, Marc explains the importance of the FDA warning letters on homeopathic “supplements” and products that contain active pharmaceutical ingredients. Marc writes, “During the…
CA Pharmaceutical Company Settles AKS and FCA Claims in NJ
The U.S. Attorney’s Office for the District of New Jersey recently announced a $750,000 settlement with Sentynl Therapeutics Inc., a California-based specialty pharmaceutical company. The settlement resolved allegations that Sentynl improperly provided kickbacks to a physician to induce prescriptions of its opioid products in violation of the federal Anti-Kickback Statute (AKS).
The Government alleged that…
Kaiser to Present on Drug and Device Enforcement Trends for PLI
On September 14, Rivkin Radler’s Jeff Kaiser will participate on a panel at Practising Law Institute’s Life Sciences 2023: Navigating Legal Challenges in Drug and Device Industries program in New York City.
Held at PLI’s New York Conference Center at 1177 Sixth Avenue, the program will cover the explosive growth of digital health and the…
NY Pharmacy Owner and Manager Indicted for Medicaid Fraud
New York State Attorney General Letitia James recently announced that the owner and manager of Santiago Pharmacy in Flushing, Queens, were indicted for paying kickbacks to Medicaid recipients in exchange for filling their HIV prescriptions at the pharmacy.
Juan Poveda, the owner, and Javier Burbano, the pharmacy manager, were charged with grand larceny, health care…
