Vasilios J. Kalogredis, left, and Rachel E. Lusk Klebanoff, right, of Lamb McErlane. OIG: Free Eye Drops to Patients Undergoing Treatment Does Not Violate Anti-Kickback Statute
The OIG determined the arrangement poses a low risk of fraud and abuse under the federal Anti-Kickback Statute and does not trigger sanctions under the beneficiary Inducements CMP.
January 24, 2022 at 01:01 PM
6 minute read
On Dec. 6, 2021, the Office of Inspector General (OIG) issued an advisory opinion (No. 21-19) regarding whether a pharmaceutical manufacturer's provision of free eye drops to patients who are prescribed one of the manufacturer's drugs (the product) to mitigate the side effects of the product would be grounds for the imposition of sanctions under civil monetary penalties (CMP) related to the Anti-Kickback Statute and prohibition on beneficiary inducements. The OIG determined the arrangement poses a low risk of fraud and abuse under the federal Anti-Kickback Statute and does not trigger sanctions under the beneficiary Inducements CMP.
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