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Expert Analysis

AKS Unlikely To Be Raised Over Pharma Discount Sales

Law360, New York (August 21, 2014, 12:26 PM EDT) -- On July 28, 2014, the U.S. Department of Health and Human Services' Office of Inspector General issued a favorable opinion concerning a drug manufacturer's program to offer a certain branded drug through an online, mail order pharmacy directly to cash-paying customers at a discounted price. In Advisory Opinion 14-05, the OIG concludes that, while aspects of the proposed arrangement implicate the Anti-Kickback Statute, certain outlined safeguards provide the office with comfort over the proposed arrangement such that it will not impose administrative sanctions on the manufacturer or pharmacy....

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