Frier Levitt partner Jesse Dresser is prominently featured in a Specialty Pharmacy Continuum article, “The Do’s and Don’ts of Enhanced Service Contracts” by Marcus A. Banks. The article explores the intricacies of specialty pharmacies entering into enhanced service contracts with drug manufacturers. Specifically, the article highlights the risks of not thoroughly vetting these agreements, which could lead to missed performance targets or, even worse, violations of anti-kickback statutes that carry severe penalties for providers.
In the piece, key steps and legal considerations for pharmacies to address before negotiating such agreements are outlined. Jesse offers his industry knowledge, explaining that “an enhanced services contract is only for work a pharmacy isn’t already doing as part of its core business.” He also sheds light on fair market pricing and when it’s truly necessary for pharmacies to engage in these contracts. Jesse emphasizes, “specialty pharmacies owned by insurance companies or health systems may have more favorable reimbursement rates and underlying support…and thus less need to enter into business agreements with pharma companies.”
Read the article along with the rest of Jesse’s legal insights here: https://www.specialtypharmacycontinuum.com/Operations-and-Management/Article/08-24/The-Dos-and-Donts-of-Enhanced-Service-Contracts/74608