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PharMerica Will Face Claims It Paid Kickbacks to Nursing Homes

Sept. 4, 2018, 9:19 PM

PharMerica will have to answer allegations it provided kickbacks to nursing homes to get patient referrals.

A federal appeals court reinstated claims alleging a kickback scheme by the nursing home pharmacy manager. The federal trial court found that the claims were barred because they were based on publicly disclosed filings.

Although some of the documents the whistleblower relied on were publicly available, they didn’t by themselves describe the fraud sufficiently to bar the False Claims Act lawsuit, the U.S. Court of Appeals for the Third Circuit ruled Sept. 4.

The appeals court ruled that whistleblower Marc Silver’s allegations weren’t precluded ...