You may have read our previous post, “What To Do If a Colleague is Accepting Kickbacks.” But physicians are not the only ones at risk for taking kickbacks — pharmacists are susceptible to participating in such illegal activity, too. While ethically, the highest priority in your work should be the health and well-being of your patients, some medical professionals choose to prioritize financial gain.
A pharmacy Anti-Kickback policy exists to prevent corruption and personal gain in healthcare. Medical professionals who violate this law compromise ethical boundaries and patient care. If you find out your pharmacist is breaking the Anti-Kickback Statute, here’s what you should do.
The California Anti-Kickback Statute for pharmacies is an anti-corruption policy prohibiting financial transactions designed to reward referrals for products and services reimbursed by healthcare programs sponsored by the federal government, such as Medicare or Medicaid.
For example, if a pharmacy accepts financial incentives from a pharmaceutical company in exchange for recommending or selling their drugs to patients, it violates this statute. Anti Kickback laws aim to protect patient care so that treatment recommendations are based on the patient’s best interest as opposed to personal profit.
Violating Anti-Kickback (healthcare) laws can lead to serious legal and professional repercussions for pharmacists and other healthcare professionals. Below are some of the most common consequences under California and federal law.
If you believe your pharmacist is accepting kickbacks, it is your duty as a medical professional to take the appropriate steps to address the issue.
Here are the steps you should consider following.
Before making a report, collect substantial evidence or relevant documentation that supports your suspicion. This could include transactions, emails, or witness statements. Clear evidence will strengthen your case and help authorities investigate the issue.
In California, you can report suspected kickbacks to the California State Board of Pharmacy or the Office of Inspector General (OIG) if federal healthcare programs are involved. These authorities can initiate the investigation process and enforce penalties.
An experienced anti-kickback attorney can provide legal guidance in navigating the reporting process, ensure your rights are protected, and advise you on legal obligations or protections, such as whistleblower laws. Attorneys who specialize in healthcare Anti Kickback statute will help you with initiating your case.
Fenton Jurkowitz Law Group has a team of seasoned Anti-Kickback healthcare attorneys who are well-versed in California anti-kickback statutes. It is important to have legal counsel on your side when filing a report to authorities to ensure you and your healthcare practice are protected. Fill out our contact form on our website today to connect with a healthcare practice attorney.