Purdue Execs’ Exclusion Stands But Court Tells HHS To Justify 12-Year Term

The question now is whether HSS Secretary Sebelius will provide a rationale to continue the 12-year exclusion or reduce the length of the exclusion; appeals court upholds HHS’s authority to exclude three former Purdue Pharma executives from federal health care programs, but notes the length of the sanction departs from similar cases.

Although an appeals court upheld the authority of HHS Secretary Kathleen Sebelius to exclude three former Purdue PharmaLP officers from federal health care programs it gave the executives a shot at getting their 12-year exclusion reduced.

“We hold the statute authorized the Secretary’s exclusion of the three executives but her decision was arbitrary and capricious for want of a reasoned explanation for the length of their...

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