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Patient Assistance Programs and Anti-Kickback Laws

Patient Assistance Programs and Anti-Kickback Laws Opinion EDITORIAL Katherine Kraschel, JD; Gregory Curfman, MD Patient assistance programs provide financial support to pa- Coupled with recent enforcement activity by the Depart- tients who cannot afford their prescription drugs. In this issue ment of Justice, the data reported by Kang et al suggest that of JAMA,Kangetal describe troubling findings about indepen- some patient assistance programs may be violating federal law dent charity patient assistance programs, which are supported and warrant continued regulatory scrutiny and enforcement. primarily by tax-free dona- As was stated in one Department of Justice settlement, “This tions from pharmaceutical misconduct is widespread, and enforcement will continue un- Related article page 422 companies. The authors re- til pharmaceutical companies stop circumventing the anti- port findings from a cross-sectional study of the 6 largest inde- kickback laws to artificially bolster high drug prices, all at the pendent charity foundations that offered various patient assis- expense of American taxpayers.” tance programs, including those for Medicare beneficiaries. The apparent noncompliance raises the question if it is time In 2018, the patient assistance program expenditures for to revisit the requirements of the Office of Inspector General for these foundations ranged from $24 million to $353 million patient assistance programs http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png JAMA American Medical Association

Patient Assistance Programs and Anti-Kickback Laws

JAMA , Volume 322 (5) – Aug 6, 2019

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References (5)

Publisher
American Medical Association
Copyright
Copyright 2019 American Medical Association. All Rights Reserved.
ISSN
0098-7484
eISSN
1538-3598
DOI
10.1001/jama.2019.9791
Publisher site
See Article on Publisher Site

Abstract

Opinion EDITORIAL Katherine Kraschel, JD; Gregory Curfman, MD Patient assistance programs provide financial support to pa- Coupled with recent enforcement activity by the Depart- tients who cannot afford their prescription drugs. In this issue ment of Justice, the data reported by Kang et al suggest that of JAMA,Kangetal describe troubling findings about indepen- some patient assistance programs may be violating federal law dent charity patient assistance programs, which are supported and warrant continued regulatory scrutiny and enforcement. primarily by tax-free dona- As was stated in one Department of Justice settlement, “This tions from pharmaceutical misconduct is widespread, and enforcement will continue un- Related article page 422 companies. The authors re- til pharmaceutical companies stop circumventing the anti- port findings from a cross-sectional study of the 6 largest inde- kickback laws to artificially bolster high drug prices, all at the pendent charity foundations that offered various patient assis- expense of American taxpayers.” tance programs, including those for Medicare beneficiaries. The apparent noncompliance raises the question if it is time In 2018, the patient assistance program expenditures for to revisit the requirements of the Office of Inspector General for these foundations ranged from $24 million to $353 million patient assistance programs

Journal

JAMAAmerican Medical Association

Published: Aug 6, 2019

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