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Legal practices of Specialty Pharmacies

Discussion in 'Ask a Whistleblower Attorney' started by Specialty Pharmacies, Jun 23, 2021 at 5:49 AM.

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  1. 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?

  2. Constantine Cannon

    Constantine Cannon Experienced Whistleblower Law Firm

    Aug 20, 2019
    Likes Received:
    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/.