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November 8, 2016

08 November 2016

Fifth Circuit Rejects FCA Claims Challenging Prompt Pay Discounts

The Fifth Circuit recently affirmed summary judgment in favor of Omnicare—the nation’s largest provider of pharmacy services to skilling nursing facilities (“SNFs”) and other long-term care institutions—alleging that Omnicare made, or caused SNFs to make, false certifications of compliance with the Anti-Kickback Statute based on Omnicare’s debt collection activities and practice of offering prompt payment discounts (“PPDs”) to SNFs.  United States ex rel. Ruscher  v. Omnicare, Inc., No. 15-20629 (5th Cir. Oct. 28, 2016).

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