Pfizer Bid to Cover Heart Drug Copays Rejected by Appeals Court

Pfizer Inc.'s proposed program to cover copays for an expensive heart drug violated the federal anti-kickback law even though the program didn’t evince corrupt intent, the Second Circuit ruled.

The program encouraged Medicare patients to use the drug by eliminating the estimated $13,000 per year in copay costs. That was enough to qualify as a prohibited inducement under the Anti-Kickback Statute, the US Court of Appeals for the Second Circuit said Monday.

The Department of Justice has been cracking down on drugmakers that have allegedly used charities and copay assistance programs to increase sales. Settlements resulting from the enforcement drive ...