The United States recently intervened in a False Claims Act lawsuit accusing Rite Aid of defrauding federal healthcare programs by seeking reimbursement for opioids the pharmacy allegedly dispensed in violation of the Controlled Substances Act.

The government has shown an increased focus over the last few years on Controlled Substances Act enforcement for opioids and other controlled substances. But for many providers handling controlled substances, it might not be obvious that noncompliance with the Controlled Substances Act could also lead to False Claims Act liability.

The lawsuit against Rite Aid is a reminder that any healthcare provider dispensing controlled substances needs to consider False Claims Act liability when evaluating potential noncompliance with the Controlled Substances Act or diversion of controlled substances. A strong Controlled Substances Act compliance program can protect providers from myriad downstream consequences.

Background

In the lawsuit, , pending in the U.S.

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