Dompé U.S. Inc. (Dompé), based in California, has agreed to pay $32 million to resolve allegations that, between 2018 and 2021, it paid Medicare beneficiary co-pays through two patient assistance foundations to induce the purchase of its drug, Oxervate, in violation of the Anti-Kickback Statute and the False Claims Act.
“This settlement demonstrates the United States’ commitment to enforcing the Anti-Kickback Statute and ensuring that pharmaceutical manufacturers do not use unlawful inducements,” said Assistant Attorney General Brett A. Shumate of the Justice Department’s Civil Division. “The Department encourages companies that uncover improper kickbacks to self-disclose such conduct.”
“Kickbacks to beneficiaries undermine the purpose of the Medicare co-pay system and drive up the cost of drugs,” said U.S. Attorney Leah B. Foley for the District of Massachusetts. “My Office has recovered over $1.4 billion for taxpayers through settlements and enforcement actions concerning drug company kickbacks to purported charities, and we will continue to pursue these matters to ensure that all drug companies play by the rules and to protect federal taxpayer funded healthcare programs.”
“Pharmaceutical manufacturers that attempt to disguise kickbacks as charitable patient assistance are engaging in blatant misconduct which corrupts medical decision‑making and drains federal health care programs,” said Acting Deputy Inspector General for Investigations Miranda L. Bennett of the U.S....
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