Health Care Fraud Liability for Pharmaceutical Manufacturers

Health Care Fraud Liability for Pharmaceutical Manufacturers

DSpace/Manakin Repository

Health Care Fraud Liability for Pharmaceutical Manufacturers

dc.contributor.advisor	Peter Hutt	en_US
dc.contributor.author	Williams, Jennifer Adrienne
dc.date.accessioned	2012-07-06T22:20:58Z
dc.date.issued	2011
dc.identifier.citation	Jennifer Williams, Health Care Fraud Liability for Pharmaceutical Manufacturers (April 2011).	en_US
dc.identifier.uri	http://nrs.harvard.edu/urn-3:HUL.InstRepos:8965638
dc.description.abstract	Fraud is an increasingly expensive cost to the health care industry, and the regulatory and prosecutorial focus during the fast few decades have focused on health care fraud by pharmaceutical manufacturers. This paper provides an overview of the current statutory and judicial environment. First, it examines some of the industry practices for which pharmaceutical companies may be held liable for fraud (as well as some of the reasons these practices are problematic). It then gives an overview of the dual regime of the Medicare and Medicaid Anti-Kickback Statute and the False Claims Act (“FCA”), as well as some of the other guidance documents available to pharmaceutical manufacturers. It also explores the relevant case history that has shaped liability—for health care providers and suppliers in general and for drug companies in particular—under the Anti-Kickback Statute and the FCA. The 2009 settlement between Pfizer and the government provides a useful example of the present state of affairs for pharmaceutical companies. Finally, the paper concludes with a brief overview of the Medicare Part D prescription drug benefit (and the newly implemented coverage gap discount program), which may result in increasing liability for pharmaceutical manufacturers in the future.	en_US
dash.license	LAA
dc.subject.other	Food and Drug Law	en_US
dc.title	Health Care Fraud Liability for Pharmaceutical Manufacturers	en_US
dc.type	Paper (for course/seminar/workshop)	en_US
dc.date.available	2012-07-06T22:20:58Z