On September 7, 2021, the U.S. Attorney's Office in Boston announced a grand jury indictment of medical device company SpineFrontier, Inc., and two of its executives, Kingsley Chin and Aditya Humad, for violating the anti-kickback statute by allegedly paying surgeons bogus "consulting" fees to induce the surgeons to use SpineFrontier products...
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Category: Blogs by Jeff Newman Law
Pharmaceutical Manufacturer Incyte Becomes Latest To Settle Co-Pay Foundation Kickback Allegations
On May 4, 2021, the Department of Justice announced that Incyte Corporation, a Delaware-based pharmaceutical company, agreed to pay $12.6 million to resolve allegations that it used a foundation, Chronic Disease Fund dba Good Days (“CDF”), to funnel kickbacks to Medicare patients taking its own drug. Incyte sells Jakafi, a drug that, through...
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Court Sentences Pharmacy Owner And Others On Charges That They Paid Kickbacks To Pharmaceutical Sales Rep In Exchange For Prescription Referrals
On April 16, 2021, the Department of Justice announced that a court sentenced six individuals, including a Virginia pharmacy owner and a former sales representative for Kaléo Pharmaceuticals, after they pled guilty to a variety of criminal charges. Mohamed Abdallah, the owner of Medex Health Pharmacy and Royal Care Pharmacy, was sentenced to...
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Massachusetts Hospital Pays $2.6 Million To Resolve Allegations That It Abused “Modifier 25” Billing Code
On April 20, 2021, the Department of Justice announced that Massachusetts Eye and Ear, a Boston hospital, agreed to pay over $2.6 million to resolve allegations that it improperly used the “Modifier 25” billing code to obtain higher reimbursements from Medicare and Medicaid.
Typically, when a Medicare or Medicaid beneficiary visits a physician to...
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Court Allows Nursing Home Pharmacy “Swapping” Claims to Proceed
In a long-running case, a federal court in the District of New Jersey has allowed a whistleblower to proceed with an amended complaint alleging that a large nursing home pharmacy, Pharmerica, paid kickbacks to its nursing home customers by engaging in “swapping.” Because nursing homes generally have to cover the cost of drugs provided...
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