Company Speaker Programs FCA Focus
Enforcement officials are closely scrutinizing drug and medical company speaker programs for False Claims Act violations. Attorney Matthew Curley (Bass, Berry & Sims) writes in an online blog post that drug and device manufacturers accounted for nearly half of the enforcement recoveries from the healthcare industry last year.
Curley says that speaker programs have received significant attention from enforcement agencies and whistleblowers because companies typically provide the speakers, who are also prescribers of the companies’ products, with honoraria for their involvement. If the programs are not carefully implemented and executed, he writes, companies may open themselves up to anti-kickback and false claims liability. “Last year there were mixed outcomes for pharmaceutical and medical device companies that had to defend their speaker program practices,” he says.
The post also covers other key False Claims Act issues including off-label promotion, current good manufacturing practice violations, and usual and customary pricing.