A drug manufacturer-sponsored program involving distribution of free OTC eye drops to patients taking a drug that is known to causes ocular keratopathy will not run afoul of anti-kickback rules, the US Health and Human Services Department’s Office of Inspector General concludes in an advisory opinion.
“We conclude that the arrangement poses a sufficiently low risk of fraud and abuse under the federal anti-kickback statute and that the arrangement does not constitute grounds for the imposition of sanctions” under the beneficiary