2nd Circuit: HHS Didn’t Need To Show ‘Corrupt’ Intent To Disallow Drug Co-Pays

Mealey's (August 2, 2022, 3:16 PM EDT) -- NEW YORK — The Second Circuit U.S. Court of Appeals on July 25 affirmed a trial court ruling that the U.S. Department of Health and Human Services did not have to find “corrupt” intent before finding that a co-pay assistance program for an expensive heart drug made by Pfizer Inc. violated the Anti-Kickback Statute (AKS) because the manufacturer payment would practically eliminate the statutory requirement that Medicare patients contribute toward the price of their drugs....