Case Analysis : The Anti Kickback Essay

1297 Words Jul 11th, 2015 null Page
As the world has moved towards globalization, competition has increased in the marketplace. Healthcare related companies such as pharmaceuticals and healthcare device manufactures (collectively herein referred to as healthcare industry) are moving towards creative ways of advertising and communication as a strategic marketing tool to increase their market share. However, the healthcare industry is subject to complex laws and regulations, not being compliant can lead to severe penalties. Marketing practices that may be acceptable in other industries are not so in healthcare industry as the products from healthcare industries may pose significant health risks.
This paper discusses the Anti-Kickback statue as it applies to Clinical Research and will analyze the case where Biovail Pharmaceuticals plead guilty in 2009 to violating the U.S. Anti-Kickback Statute. As a physician or the facility (hospitals) conducting clinical research, one must take into account Medicare’s reimbursement policies in research studies because Medicare’s anti-kickback and fraud and abuse policies, which physicians are familiar with, from their patient-care duties, also apply to the clinical research. Although healthcare industry faces challenges with their marketing efforts being compliant with Anti-Kickback statue, it is an important aspect that needs to complied with and explained to the physicians participating in clinical research.
What is Anti-Kickback statue?
Federal law, Anti-Kickback…

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