Nurse Sentenced for Insys Fentanyl Kickbacks

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The Justice Department says that Heather Alfonso, who worked as an advanced practice registered nurse in a Connecticut pain management center, has been sentenced by a Connecticut federal judge to three years of probation for engaging in a kickback scheme related to fentanyl spray prescriptions. A department statement says that as part of her work, Alfonso prescribed various controlled substances including Subsys, a fentanyl-based sublingual spray approved by FDA solely for managing breakthrough pain in cancer patients. Subsys was manufactured and sold by Insys Therapeutics.

The statement says Alfonso was responsible for some $2.5 million in claims and was the highest prescriber of the drug in Connecticut. Interviews with her patients showed that many of them did not have cancer, the statement says, and had taken the drug to treat chronic pain. Medicare and many private insurers will not pay for Subsys unless the patient has an active cancer diagnosis and an explanation that the drug is needed to manage the cancer pain.

The department says that between 1/2013 and 3/2015, Insys paid Alfonso some $83,000 to act as a “speaker” at over 70 dinner programs. It says that in many instances the programs were attended only by Alfonso and an Insys sales representative or by staff at the facility at which she worked and her friends, none of whom were licensed to prescribe controlled substances.

Last June, Insys agreed to pay $225 million to resolve criminal and civil investigations of the company.

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