OIG Special Advisory Bulletin Provides Guidance on Application of Federal Anti-Kickback Statute to Pharmaceutical Manufacturer Copayment Coupons

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In recent years, copayment coupon programs have become standard promotional practices for both large and small pharmaceutical manufacturers. Copayment coupons are typically offered to commercially insured patients in order to reduce or eliminate out-ofpocket costs for specific brand name drugs with higher copays.

Since their inception, prescription drug copayment coupon programs have been a source of controversy— favored by brand manufacturers, physicians, and patients, and opposed by generic manufacturers, health insurers, third party payers, and pharmaceutical benefit managers (PBMs).

Originally published in BNA’s Health Care Fraud Report on October 15, 2014.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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