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»  Posts By   January 2013 

Federal Appellate Decision Involving Off-Label Drug Marketing Could Expand the Ability of Pharmacies to Market Compound Prescriptions

Last week, the U.S. Court of Appeals for Second Circuit ruled that the Food and Drug Administration (FDA) cannot prosecute pharmaceutical manufacturers’ representatives for speech promoting the lawful, off-label use of an FDA-approved drug.  The decision, United States v. Caronia, could dramatically expand the free-speech rights of pharmaceutical companies and compounding pharmacies alike. Compound marketers could enjoy greater leeway to share unapproved information. The case involved a pharmaceutical marketing representative,...

Express Scripts/Medco Audit Trends: Purchase History Investigations Involving NDC Numbers Ending in “00”

Over the past few months, we have seen an aggressive trend of Express Scripts, Inc. (“ESI”) and Medco Health Solutions, Inc. (“Medco”) audits, focusing specifically on NDC numbers ending in “00”. Only one manufacturer uses NDC numbers ending in “00” for all package sizes sold. ESI/Medco have labeled these audits as “Fraud, Waste and Abuse (“FWA”) Investigations.” ESI/Medco will initially conduct a purchase history verification of a pharmacy’s invoices and inventory...

Selling Your Medical Practice to a Hospital

In the past year or two, hospitals have been in a feeding frenzy, buying medical practices one after the other. Primary care physicians, cardiologists, ob/gyns and a handful of other specialists have been the targets of these acquisitions. With increasing costs, and sideways or dropping reimbursement rates, hospital offers have been too tempting for some physicians to turn down, and many have made the choice to sell their practice assets...