Jennifer Michael Comments on Court Decision Upholding OIG’s Rejection of Pharmaceutical Company’s Drug Co-Pay Assistance Program

July 27, 2022
MarketWatch

Bass, Berry & Sims attorney Jennifer Michael commented on the recent ruling by the Second Circuit Court of Appeals, which upheld the district court’s rejection of Pfizer’s argument that liability under the Anti-Kickback Statute requires an element of “corrupt” intent. Pfizer brought the lawsuit in 2020, challenging the government’s rejection of its proposed program to help cover heart drug costs for Medicare patients.

The decision will have implications for other companies looking to help subsidize drug payments for Medicare patients. “It would be extremely risky for any manufacturer to move forward with that type of arrangement, given this opinion,” said Jennifer.

The full article, “Pfizer Loses Court Battle Over Drug Copay Assistance Program with Big Implications for Medicare Spending,” was published by MarketWatch on July 27 and is available online.