Open Payments & Kickbacks: Are Indicted Physicians on Your Company’s Payroll?
Nicodemo Fiorentino, Esq.
This article uses Open Payments data from the government’s publicly available database to provide a different way of reading the U.S. Government’s recent unsealing of a criminal indictment. The indictment alleges five (5) New York licensed physicians violated, among other laws, the Federal Anti-Kickback Statute for their participation in accepting speaker program fees and other payments in return for prescribing a fentanyl product indicated for the management of breakthrough pain in cancer patients. Additionally, the Government provides evidence that the pharmaceutical company lacked the ability to ensure compliance with U.S. fraud and abuse laws. Compliance and legal departments will want to carefully review the indictment and watch the case closely. It may turn out to be a test case for the Centers for Medicare & Medicaid Services to finally enforce the Physician Payments Sunshine Act and implementing regulations.