A man who accused one of the nation’s largest long-term care service pharmacies of violating federal anti-kickback laws does not have standing to bring his case under the False Claims Act because he lacked immediate knowledge of wrongdoing, a New Jersey federal judge has ruled.
Marc Silver, a certified public accountant and former nursing home and pharmacy owner, had claimed that PharMerica gave service providers discounts on Medicare discounts in exchange for drug referrals. His case was built primarily on his examination of the company’s public financial records, as well as his own knowledge of the industry based on his own experience and expertise.
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