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Impact of Omnicare Settlement For Pharmacy Providers and Long-Term Care Facilities

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Health care partner Timothy McCrystal and associates Mira Burghardt and Sarah Ferranti examine the impact of Omnicare’s November 2009 $98 million settlement of several claims under the federal anti-kickback statute and the False Claims Act in the August 2010 issue of Provider magazine. Omnicare is the nation’s largest long-term care pharmacy provider.

In the article, "Buyer Beware," the authors point out that the government oversight and enforcement that typically follow such high-profile settlements will alter the consulting relationships between long-term care facilities and pharmacy providers in the near future.

“Facilities and pharmacies that do not move quickly to ensure that consulting pharmacy charges are consistent with fair-market value and the pharmacies’ internal costs, risk being the focus of government enforcement and whistleblower actions in years to come,” the authors write.

To read the full article, please click here.

The health care practice at Ropes & Gray is comprised of more than fifty professionals, many of whom have over twenty years of experience representing health care clients at Ropes & Gray. Ropes & Gray is also in-house counsel at a number of clients throughout the United States. To visit the firm’s Health Reform Resource Center, please click here.

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