Legal practices of Specialty Pharmacies


Specialty Pharmacies

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Are Specialty Pharmacies held to any policies that are enforced. For instance, not adhearing to copays. Instead of collecting copay giving it away for free $0 or less in order to gain business? Are they allowed to substitute a generic for brand without physicians knowledge?
 


Hi there,

A specialty pharmacy that routinely waives co-pays to get business can violate the Anti-Kickback Statute and the False Claims Act. Read more about these statutes here: The Anti-Kickback Statute & Stark Law – Key Differences + Examples

On the other hand, there are many instances when a pharmacy is allowed to substitute a brand drug with a generic.

I hope that helps.

The information contained herein is for informational purposes only and is not legal advice or a substitute for legal counsel. Online readers should not act upon this information without seeking professional counsel. If you would like more information, or would like to speak to a member of Constantine Cannon’s whistleblower lawyer team, please contact us for a Confidential Consultation: https://constantinecannon.com/practice/whistleblower/team/.
 


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