By: Jeffrey S. Baird, Esq. In the real world, it is common for a business (auto parts supplier, widget company) to “outsource” marketing to a marketing company. The marketing company generates business for the widget company, the widget company pays commissions to the marketing company, and everybody is happy. Unfortunately, pharmacies are not in the […]
By: Jeffrey S. Baird, Esq. Within certain legal parameters, a pharmacy can make payments to physicians. For example, if the pharmacy and physician enter into a legitimate Medical Director Agreement, then the pharmacy can make payments to the physician. Likewise, if a physician will provide bona fide education services for the pharmacy, then the pharmacy […]
By: Jeffrey S. Baird, Esq. Section 6402 of the Affordable Care Act states that any provider that receives an overpayment from a government health care program must (i) report to CMS and (ii) provide written notice of the reason for the overpayment. The overpayment must be reported and returned no later than 60 days after […]
By: Jeffrey S. Baird, Esq. Introduction Until the 1930s, pharmacies were subject to very little government oversight. Beginning in the first half of the 20th century, particularly with the advent of the Food and Drug Administration and the Drug Enforcement Administration, the federal government began to take an increasing role in regulating pharmacies. There are […]
By: Jeffrey S. Baird, Esq. The lifeblood of the successful pharmacy is an innovative marketing program. In implementing a marketing program the pharmacy must adhere to multiple federal anti-fraud laws. This article discusses what those laws are, how marketing programs can be properly structured, and what types of marketing programs must be avoided. Federal Anti-Fraud […]
(June 2012) There is not a great deal of formal guidance concerning the choice of a compliance officer. The Federal Sentencing Guidelines Manual states that “high-level personnel” should have overall responsibility for the compliance program, but makes no recommendations about what positions may appropriately be combined with the compliance officer role. The Office of Inspector […]
