Cancer Rx Assistance Program Proposed For Part D Fails In Court As OIG Win Streak Continues
Defeat for group covering about 50 drugs from various sponsors is in line with an earlier court battle fought, and lost, by Pfizer and means the OIG will continue to scrutinize cost sharing assistance programs with a narrow view of what comports with the federal Anti-Kickback Statute.
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BMS CEO Boerner acknowledged the complexity of patient assistance programs, and the need for simplification, during a Senate hearing. CEOs of J&J and Merck also tout their patient assistance programs as showing the firms’ commitment to helping patients access drugs they cannot afford.
Based on HHS’ interpretation of the Anti-Kickback Statute, 11 pharma companies, including Pfizer, have reached settlements on their programs offering financial assistance to Medicare patients trying to access treatment. Now the firm hopes its tafamidis program will help it win in court.
Complaint against the US government watchdog agency disputes its conclusion that a proposed cost sharing assistance program in Medicare to be funded by a coalition of cancer drug manufacturers would likely violate the federal anti-kickback statute.