The following announcement was provided by the U.S. Attorney’s Office, District of Massachusetts:

EyePoint, Inc., formerly EyePoint Pharmaceuticals, Inc. (EyePoint), has agreed to pay $4,678,981 to resolve allegations that it paid kickbacks to Ambulatory Surgery Centers (ASCs) to induce the ASCs to purchase its drug, DEXYCU. This scheme, the government alleges, violated the Anti-Kickback Statute and the False Claims Act.

The government contends that EyePoint’s unlawful scheme took two forms between January 2019 and March 2023: illegal payments from EyePoint to ASCs through an “Assurance Program;” and illegal payments from EyePoint to ASCs via the provision of free DEXYCU samples.

The company, headquartered in Watertown, Mass., has admitted and accepted responsibility for the following facts. First, through its “Assurance Program,” EyePoint covered ASCs’ costs when federal insurance programs denied coverage of the drug, either by paying the ASCs cash or by providing them with free replacement DEXYCU. Second, EyePoint gave thousands of free samples to ASCs and the ASCs used the no-cost DEXYCU on patients whose commercial health insurance would not pay for the drug. The government alleges that EyePoint’s provision of no-cost samples induced ASCs to purchase and dispense DEXYCU reimbursed by Medicare, Medicaid and TRICARE by eliminating the ASCs’ potential financial losses from commercial health insurers denying payment for DEXYCU.

“As we have for years, our Office will...

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