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Cancer Drug Manufacturers Sue HHS OIG Over Denial Of Part D Patient Assistance Program

 
• By Cathy Kelly

Complaint against the US government watchdog agency disputes its conclusion that a proposed cost sharing assistance program in Medicare to be funded by a coalition of cancer drug manufacturers would likely violate the federal anti-kickback statute.

Lawsuit Follows Three Year-Plus Effort To Obtain Favorable OIG Opinion • Source: Shutterstock

The cost sharing limits in Medicare Part D that will be established in the coming years under the Inflation Reduction Act will still leave many patients in need of assistance, a coalition of manufacturers described as the Pharmaceutical Coalition for Patient Access argue in a lawsuit against the Health and Human Services Department’s Office of Inspector General.

For that and other reasons, the court should overturn the recent OIG advisory opinion that the coalition’s proposed cost sharing assistance program for oncology drugs in Medicare Part D could violate anti-kickback laws, the complaint argues. The program would offer assistance for 90% of drugs covered by Part D

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