DSN Quick Credit: Unraveling discounts, rebates and other rewards and incentives: pharmacists
Pharmacists in community-based practice.
Universal program number: 0401-0000-17-502-H03-P
CE Broker tracking number: 20-561275
Activity type: Knowledge-based
The Anti-Kickback statute, 42 USC § 1320a-7b, sets forth provisions that penalize anyone who knowingly and willingly solicits, receives, offers or pays any remuneration to induce referrals or generate Federal health care program business. The law specifically addresses those acts, whether direct or indirect, that are intended to defraud the Federal Government and its programs.1 The Anti-Kickback Statute provides several statutory exceptions (safe harbors) that permit an entity or person who satisfies one or more requirements of the safe harbor provisions to avoid criminal prosecution for otherwise suspect payment practices.2 While compliance with safe harbor is not mandatory, such compliance creates a presumption that the parties are meeting the statute’s statutory requirements. If an individual or entity fully complies with the safe harbor, the practices in question are not unlawful. However, failure to comply with a safe harbor could mean either that the arrangement is not covered by the statute or the arrangement may be a criminal violation subject to prosecution. To be protected by the safe harbor, an arrangement must fit squarely in the safe harbor. If a transaction does not fit within the safe harbor, it is not necessarily illegal, particularly if the transaction lacks the requisite criminal intent, but it could trigger further review of the arrangement under the statute, considering Special Fraud Alerts as periodically issued by the United States Department of Health and Human Services Office of the Inspector General.3
Upon completion of this program, the pharmacist should be able to:
- Define the anti-kickback statute.
- Identify safe harbor protections.
- Describe pharmacy best practices for compliance.
To obtain credit:
To complete the program and receive CPE credit, view all lesson content and complete the learning assessment by submitting answers online. A minimum test score of 65% is needed to obtain credit. After successfully completing the learning assessment, participants must complete a program evaluation and claim the available CPE credit. Participants also must verify personal information required by CPE monitor and/or CE Broker (for Florida license holders) prior to submitting CPE credit claims. Official statements of credit are available only through CPE Monitor located at NABP.net.
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Drug Store News is accredited by the Accreditation Council for Pharmacy Education (ACPE) as a provider of continuing pharmacy education. This CPE activity is approved for pharmacists and is worth 0.25 contact hours (0.025 CEUs). The activity is available for CE credit through Feb. 1, 2020.
Nancy Grimm, RN, JD, senior attorney, Bula Law LLC.
Nancy Grimm and the DSN editorial and continuing education staff do not have any actual or potential conflicts of interest in relation to this lesson.
- 0.25 Pharmacist