Articles and Blogs

On September 20, 2024, the Federal Trade Commission (“FTC”) filed an administrative complaint against Caremark Rx, Express Scripts and OptumRx, and their affiliated group purchasing organizations (“GPOs”), for engaging in anticompetitive and unfair rebate practices resulting in the artificial inflation of insulin prices. The FTC alleged that by creating a system in which drug... READ MORE

The lack of medical supplies and equipment necessary to treat patients and to protect individuals and health care workers from becoming infected with and spreading COVID-19 has been a constant refrain during this pandemic. The overall supply of these essential items, ranging from ventilators to personal protective equipment (“PPE”) to prevent the spread of... READ MORE

On March 23, 2020, the Health Resources & Services Administration (“HRSA”) launched a new webpage providing COVID-19 information related to the 340B drug discount program (“340B Program”), including responses to frequently asked questions related to COVID-19. HRSA’s COVID-19 Resources webpage is available here. In response to the COVID-19 pandemic, hospitals and other 340B Program... READ MORE

As required by the Physician Payments Sunshine Act (“Sunshine Act”)[i], manufacturers of many drugs, medical devices, biologicals and other medical supplies — as well as applicable group purchasing organizations (“GPOs”) — will soon complete (March 30, 2020) their reporting to the Centers for Medicare and Medicaid Services (“CMS”) of payments made and other investment... READ MORE

On August 6, 2018, the Department of Health and Human Services Office of Inspector General (“OIG”) published Advisory Opinion 18-07, approving an arrangement whereby a group purchasing organization (“GPO”) would serve as a purchasing agent on behalf of health care facilities under a common parent organization with the GPO (the “Proposed Arrangement”). This is... READ MORE