WEBCAST ON CD and EXCLUSIVE WHITE PAPER
Sponsored by HCPro’s Pharmaceutical Compliance Training Program
presented on August 22, 2007
Case Background
AstraZeneca,
Bristol-Myers Squibb and
Schering-Plough were found guilty in a class-action lawsuit for over-inflating the published price of their drugs, selling them at a steep discount to prescribers, and encouraging doctors to claim full reimbursement from Medicare and pension funds.
Former U.S. justice department attorneys to analyze implications of recent pharmaceutical pricing case
Judge Patti Saris’ June 22 ruling against three large pharmaceutical companies’ use of average wholesale price (AWP) on clinician administered (“Part B”) drugs, has companies asking a host of questions, including:
- Why were claims against one company dismissed—and not the others?
- How can we avoid government investigations and private litigation of our pricing practices?
- What is the impact on pricing and contract negotiations for existing drugs?
- How will this affect pricing and discounting strategies for new products in development?
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Listen to ePharmaceuticals for a 60-minute Webcast where former U.S. Justice Department attorneys Larry Freedman and Laura Laemmle-Weidenfeld answer your legal and compliance questions. As an added bonus, all listeners receive the article, “Pricing Pharmaceuticals in the Wake of Recent AWP Cases,” from reimbursement consultant Howie Tag, developed exclusively for this event.
Agenda
- What the court decided regarding pharmaceutical pricing
- Prior decision on the "plain meaning" of AWP
- "Speed limits," "Mega spreads" and "marketing the spread"
- Basis for liability against AstraZeneca, BMS and Warrick
- Why claims against J&J were dismissed
- How the court approached damages
- Damages for single-source drugs
- Damages for multiple-source drugs
- Impact on company pricing decisions
- Implications for federal government AWP litigation
- Strategies to help avoid government investigations and private litigation
- Q&A
White Paper contents include:
Lead author: Howard Tag, reimbursement consultant, Tag & Associates
- Impact of recent AWP case decisions on product pricing and marketing
- Implications for brand and generic drugs
- Impact on certain classes of trade
- Relationship of case to adoption of government benchmark prices such as ASP and AMP by non-government payers
- Is AWP dead and if so what will be the replacement?
- Impact on pricing and contract negotiations for existing drugs
- Impact on pricing and discounting strategies for new products in development
- Future Pricing Strategies: Approaches to consider
Faculty
Laurence Freedman, Partner, Patton Boggs Health Care Practice. Mr. Freedman practices in the area of the False Claims Act and its qui tam (whistleblower) provisions. Prior to entering private practice, he spent 14 years at the Department of Justice, as both a line attorney and subsequently as a supervisor, litigating federal False Claims Act cases. He focuses his practice on healthcare fraud enforcement matters including complex civil litigation, government investigations, internal investigations and corporate compliance. He has particular expertise in global resolutions involving criminal and civil allegations, federal and state interests and multiple jurisdictions.
Laura Laemmle-Weidenfeld, Partner, Patton Boggs Health Care Practice. Ms. Weidenfeld joined Patton Boggs after leading and participating in significant federal investigations and litigation for almost five years while serving as a trial attorney at the Department of Justice’s Civil Division. Her most recent years at the Department of Justice involved fraud investigations against major pharmaceutical and medical device companies. Her work included a key role in the leading case to date involving “off-label” and kickback allegations against a major pharmaceutical company. She currently helps clients navigate complex federal health care statutes and regulations governing fraud and abuse, and defends against federal investigations and litigation in these areas.
Who Should Attend this Webcast?
This program is best suited to marketers and those responsible for pricing with small and mid-size pharmaceutical and biotech companies. The agenda focuses on helping these functions:
- Legal affairs and In-house counsel
- Compliance
- Regulatory Affairs
- Government Affairs
- Pricing
- Marketing
- Reimbursement
Program Materials
You will receive presentation slides and other materials that you can print and distribute to all of your peers at your location.
Purchase a CD of the program and listen when you can. It's also a perfect training tool for new staff or as a refresher for veteran staff.
Save money when you purchase multiple copies! Ask your customer service representative about money-saving
discounts and bulk orders. Call toll free 800-650-6787 or e-mail
customerservice@hcpro.com.
