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Specialty Pharmacies Continue to Face Legal and Ethical Issues Employing Hemophilia Patients to Market Drug Products

Approximately 20,000 Americans suffer from hemophilia, a genetic disease which inhibits a patient's blood clotting ability. Hemophilia is caused by genetic mutations in a patient, and is hereditary, meaning that the condition is often passed down from generation to generation. Hemophilia is treatable through a variety of specialty drug products which frequently cost over $100,000 a year, per patient, and can cost over $1 Million a year for some. The...

Abbott Subpoenas Pharmacies’ Purchase Records for “Diverted” Freestyle Test Strips

Abbott Laboratories filed a 72 page complaint in federal court last month against diabetic test strip supply wholesalers, pharmacies, and pharmacists. The complaint alleges trademark infringement, fraud, racketeering, and unfair competition. The complaint alleges that the named Defendants distributed/dispensed Freestyle testing strips intended for the international market in the United States. In doing so, Abbott alleges that the named Defendants are selling and dispensing unapproved test strips to patients in...

Express Scripts’ Rollout of New DoD Contract Leaves Compounders Out in the Cold and Scratching their Heads

If you are a compound pharmacy that services a substantial number of Tricare beneficiaries, you may have recently received an “Exhibit A – Compound DoD” Network Supplement contract (“New DoD Contract”) from Express Scripts, Inc. (ESI), which manages the pharmacy benefits for DoD/Tricare beneficiaries. The New DoD Contract substantially reduces (by approximately 70% or more) the reimbursement for numerous compound ingredients. According to the terms of the New DoD Contract,...

Georgia Board of Pharmacy Enacts Rules Requiring Licensure of Non-Resident Pharmacies

The Georgia Board of Pharmacy (“BOP”) recently enacted rules governing the licensure of pharmacies outside of Georgia that dispense medications into the State of Georgia.  As many of you know, the State of Georgia did not previously require non-resident pharmacies to obtain a license in order to ship medications into the State of Georgia. That all changed in July 2013 when the Georgia legislature enacted Ga. Code Ann. §26-4-114.1 requiring...

Status of H.R. 3204 – The Compounding Quality Act

Frier Levitt has been actively tracking H.R. 3204 through the Senate. What follows is a daily chronology of the  Bill as it is making its way through the Senate, as well as a summary of the current status of the Bill in the Senate. Please stay tuned as we will continue to keep you posted on the progress of the Bill. 11/4/2013: Read the first time. Placed on Senate Legislative...