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SuperValu Beats False Claims Act Suit Over Drug Reimbursements

Aug. 13, 2021, 2:56 PM

SuperValu Inc. avoided a False Claims Act lawsuit because it didn’t knowingly file false reports to the government concerning its usual and customary drug prices when it sought reimbursements under Medicare and Medicaid, the Seventh Circuit said.

SuperValu listed its retail cash drug prices as its “U&C prices” instead of the lower, price-matched amounts that it charged qualifying customers under its discount program. Medicaid regulations define U&C prices as those charged to the general public.

The plaintiffs claimed SuperValu violated the False Claims Act, because the U&C price was the discount price.

The FCA imposes liability on any person who ...