A proposed cost sharing assistance program for oncology drugs in Medicare Part D that would be funded by a coalition of manufacturers and administered by an intermediary “would generate prohibited remuneration if the requisite intent were present, which would constitute grounds for the imposition of sanctions” under the federal anti-kickback statute, the US Health and Human Services Department’s Office of Inspector General concluded in an advisory opinion posted on 5 October.
The OIG said it is not in a position to evaluate the program sponsors’ intent because that is beyond the scope of the advisory opinion process. As a result, “we cannot reach a definitive conclusion regarding the existence of a federal anti-kickback statute violation in this opinion
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