The Defense Health Agency, the Agency that oversees Tricare, issued an alert to Tricare beneficiaries warning them of call centers targeting Tricare beneficiaries through unsolicited calls seeking compounded prescriptions. The alert indicated that the Defense Health Agency, Office of Program Integrity (DHA-PI) has received a significant number of complaints from Tricare beneficiaries regarding unsolicited attempts by “Call Centers” to encourage them to provide personal identifying information and health information so that they can allegedly provide prescribed cream medications.
The alert described the conduct of many of these call centers, and specifically encouraged the Tricare patients to give NO information to these types of unsolicited requests. The alert also requested that any member receiving such a phone call should immediately submit a Fraudline report to Express Scripts, through its Fraud Tip Hotline. This alert signifies the increased scrutiny over this practice of utilizing telemarketing as a means of gaining Tricare business by compounding pharmacies. At the end of 2014, Express Scripts issued an alert indicating that solicitation of member for compounded medications was in violation of their Manual, and in March 2015, began issuing cease and desist letters to pharmacies for whom they had received complaints in this regard. Thus, pharmacies engaging in this practice must be extremely careful in developing their marketing practices and engaging with any type of marketer. Frier Levitt routinely advises clients on the contours of various marketing relationships, and their legality from many perspectives, including Anti-Kickback Statutes, FDA rules and regulations, HIPAA/HITECH and PBM contracts and manuals. Contact us today to speak to an attorney.
