Bradley attorney Kevin Campbell was quoted in Part B News on healthcare providers’ relationships with sales representatives. Several former executives of Insys Therapeutics are accused of violating the anti-kickback statute to induce providers to improperly prescribe – in return for improper payments – fentanyl spray, a powerful opioid.
“It seems prosecutors have been reluctant to go after the providers in these cases,” said Campbell. “They’re going after the sales reps and managers who are orchestrating the scams. But you can’t count on that — the anti-kickback statute works in both directions. It’s just as illegal to receive kickbacks as to dispense them. Also, don’t forget about whistleblowers who may turn over the rock on your misbehaving providers.”
“Periodic required disclosure of financial arrangements might discourage [illicit] behavior and also identify issues so that you can screen them away from decision-making where they do have a financial tie,” explained Campbell.
You could even monitor a provider’s prescribing habits, he suggested, “and look to see if certain drugs are being prescribed in an outlier manner” that correlate with the provider’s financial ties.
The complete article, “Have Policy, Procedures, Provider Checks to Protect from Vendor Kickback Scandals,” first appeared in Part B News on February 11, 2019.