Beginning in January of 2020, at least one of the major PBMs began monitoring its network pharmacies for the billing of specific NDC numbers the PBM considered “Aberrant”. The list of NDCs was sent to network pharmacies in November of 2019 and has since been updated in November of 2020. The communication states that billing […]
Category Archives: Pharmacy & Health Professions Law
Supreme Court Victory for States and Independent Pharmacies
With the national conversation discussing a Supreme Court of the United States (SCOTUS) that is often highly politicized and characterized as divided, it should be comforting to the independent pharmacy community to know that SCOTUS issued a unanimous, 8-0 (Justice Barrett did not participate in this decision) decision in the case of Rutledge v. PCMA. […]
BOESEN & SNOW HEALTH LAW SOLUTIONS FOR COVID-19 MATTERS
www.covid19lawfirm.com Boesen & Snow is working with our clients regarding common pharmaceutical supply chain questions, pharmacy operations issues, and business continuity plans related to COVID-19. Please contact our attorneys about COVID-19 and your legal issues. Matters with which we are already engaged include: Properly documenting the usage of override codes for emergency fills (overuse will […]
What counts as a patient information breach?
Arizona saw nearly 80,000 patient records breached in the first half of 2019 alone. Despite everything health care professionals do to lock up patient information, some experts say data safety is in crisis. In the future, more people will likely get all the information they need when they need it. But more points of access […]
Salespeople sue drug companies for whistleblower retaliation
A federal jury in Seattle recently awarded $5.8 million to a Tacoma-based pharmaceutical sales representative. She said her employer fired her to retaliate for her refusing to push a product’s off-label uses and for filing an ethics complaint with the company. Also, in Arizona and Florida, two former employees of another drug company recently filed […]
Doctors and pharmacies face different malpractice tests
Physicians and pharmacists may share the same goal of helping people live longer and better lives. But two recent cases remind us that legal duties differ from role to role in the healthcare system. The results of the suits show how pharmacies and clinics may work hand in hand, according to a column at Pharmacy Today, […]
How can I avoid violating the anti-kickback statute?
The anti-kickback statute was passed in 1972 to prevent doctors or physicians from receiving and accepting a bribe to refer patients to certain facilities or programs. Congress also enacted this law to protect healthcare patients and government-run health programs and eliminate this type of abuse and fraud. Violating this law can have severe consequences and […]
Five tips for opening a private practice
After years of working for a someone else, you may be ready to open your own pharmacy or medical/nurse practitioner practice. This is an exciting yet challenging thing to accomplish. To avoid mistakes, here are five tips for starting your private practice: Get your finances in order. You might need to take out a loan. Research […]
The Arizona Pharmacist’s Right to Refuse to Participate in Care
In Arizona, state law says that a pharmacist doesn’t have to fill a prescription for medication that can help with an abortion or a similar procedure. Furthermore, an individual cannot have a professional license revoked if he or she acts in accordance with a religious belief. According to the Arizona State Board of Pharmacy, denying […]
Key issues when buying or selling a pharmacy
Pharmacists in Arizona have unique concerns when they want to buy or sell a business. Because the pharmacy industry is so heavily regulated, there are concerns that apply to pharmacy sales that do not apply to other types of entrepreneurs and small business owners. While well-versed in the regulations and norms of their profession, many […]