Pharmacies have begun receiving demand letters from Roche Diagnostics Corp. and Roche Diabetes Care, Inc. (“Roche”) for repayment of money as it relates to claims for vials/boxes of Roche Accu-Chek blood-glucose test strips. Roche states that, based on data gathered from rebate claims submitted by insurers, pharmacies received reimbursement for test strips intended for retail sale while actually dispensing discounted products, including test strips that are marked as Durable Medical Equipment (“DME”) or not-for-retail sale. According to Roche, this constitutes fraud due to the pharmacy allegedly falsely submitting the retail product NDC and thereby obtaining reimbursements for retail product when what is actually being sold is one of Roche’s discounted products. If the pharmacy fails to repay Roche, these actions could end in Roche litigating claims against the pharmacy.
If you or your pharmacy have received a demand letter or have been sued in the Roche litigation, it is important that you act swiftly to ensure that your legal rights are protected. Contact Frier Levitt today to speak with an attorney.
