Analysis

Pharma Charity's Suit Tests OIG's Kickback Oversight

Law360, New York (January 10, 2018, 9:13 PM EST) -- A patient assistance charity's First Amendment challenge to limits on its interactions with pharmaceutical industry donors poses a pivotal test to anti-kickback oversight by the Office of Inspector General for the U.S. Department of Health and Human Services.

The lawsuit filed this week by a well-heeled charity called Patient Services Inc. represents an unusual legal attack on OIG advisory opinions. The opinions discuss how independent charities can accept drugmaker dollars without functioning as illicit channels for funneling kickbacks to patients who use drugs covered by Medicare and Medicaid.

Observers say that PSI's complaint carries big implications for patient charities, which have...

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