Wednesday, September 1, 2010

DOJ Settles $600 Million Kickback Scheme With Allergan

Allergan is busted in selling dreams.

Department of Justice put out a press release on the $600 million settlement with Allergan to resolve criminal and civil liability.  

That release contains a quote from the HHS Inspector General.
"Fraudulent marketing of drugs through off-label promotion or kickbacks to prescribers undermines the protections afforded by the drug approval process and medical decision-making.  This conduct will not be tolerated,” said Daniel R. Levinson, Inspector General of the U.S. Department of Health and Human Services.  “As a result of this settlement, OIG will oversee a Corporate Integrity Agreement with Allergan that increases the transparency of Allergan’s interactions with physicians and helps to ensure the company’s future compliance and accountability.”
Why this settlement agreement has importance is due to the terms contained within.  These are the exact activities which go on with other pharmaceutical companies in marketing drugs to children and pimping Medicaid dollars. 

The following are federal terms used in identifying components of the Medicaid Fraud (a.k.a. revenue-maximization scheme) found in child welfare.  These "functions" are not limited to the pharmaceutical corporation as the following activities have been adopted by child abuse propaganda industry.
  1. The term “Promotional Functions” includes: (a) the selling, detailing, marketing, advertising, promoting, or branding of Government Reimbursed Products; and (b) the preparation, or external dissemination of promotional materials or information about, or the provision of promotional services relating to, Government Reimbursed Products, including those functions relating to any applicable review committees.
  2. The term “Product Related Functions” includes: (a) the preparation or external dissemination of non-promotional materials that are governed by Federal health care program and/or FDA requirements and distributed to healthcare professionals (HCPs) and healthcare institutions (HCIs) about Government Reimbursed Products, including those functions relating to any applicable review committees and Allergan’s Medical Affairs Department (Medical Affairs); (b) contracting with HCPs in the United States to conduct post-marketing clinical trials and other post-marketing studies (including Investigator- Initiated Trials (IITs)) relating to Government Reimbursed Products; (c) authorship, publication, and disclosure of articles or study results relating to Government Reimbursed Products; and (d) activities related to the submission of information about Government Reimbursed Products in government-listed compendia (such as DrugDex or other compendia of information about Government Reimbursed Products). 
  3. The term “Third Party Educational Activity” shall mean any continuing medical education (CME), or other scientific, educational, or professional program, meeting, or event supported conducted by a third party in the U.S. and supported by Allergan, or an Allergan Affiliate, including but not limited to, sponsorship of symposia at medical conferences.
HHS OIG Allerga Executed Corporate Integrity Agreement With Appendices

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