DOJ sues CVS over illegal opioid prescriptions in pharmacies

DOJ sues CVS over illegal opioid prescriptions in pharmacies

The U.S. Department of Justice filed a civil lawsuit in Rhode Island on Wednesday alleging that CVS Pharmacy issued unlawful prescriptions in violation of the Controlled Substances Act and sought reimbursement from federal health programs for some of the unlawful prescriptions in violation of the False Claims Act Rhode Island-based CVS is the largest pharmacy chain in the United States, operating more than 9,000 pharmacies across the country. The lawsuit alleges that “beginning on Oct. 17, 2013 and continuing through the present, CVS knowingly issued prescriptions for controlled substances that had no legitimate medical purpose, were invalid, and were not filled in the course of normal professional practice. “These include early prescriptions for dangerous and excessive amounts of opioids.” Fills with opioids and “Trinity” prescriptions, a particularly dangerous and abused drug combination consisting of an opioid, a benzodiazepine and a muscle relaxant. The lawsuit alleges “CVS also filled large quantities of prescriptions for controlled substances that were written by prescribers who were known to operate in “pill mills,” i.e. from multiple sources, including its own pharmacists and internal data, indicating that its stores dispensed unlawful prescriptions. The lawsuit alleges that CVS’s violations stemmed from company-mandated performance metrics, incentive compensation and staffing policies that prioritized corporate profits over patient safety. CVS set staffing levels far too low for pharmacists to meet both their performance metrics and their legal obligations, the DOJ said in a statement. The pharmacy chain is also accused of preventing pharmacists from warning colleagues about certain subscribers, which the DOJ says could have reduced the number of unlawful prescriptions filled. CVS’s actions “helped fuel the prescription opioid crisis and, in some particularly tragic cases, “patients died after overdosing on opioids shortly after filling unlawful prescriptions at CVS,” the DOJ said. U.S. Attorney for the District of Rhode Island Zachary Cunha said, “When companies like CVS put profits ahead of patient safety and overwork their pharmacy staff so that they cannot meet the basic responsibility of ensuring this happens.” “Prescriptions are legitimate, “We will use every tool at our disposal to ensure that they are held accountable.” The lawsuit alleges that CVS’s actions helped fuel the prescription opioid crisis. According to the DOJ, if CVS is found liable, it could face civil penalties for each unlawful prescription issued in violation of the Controlled Substances Act, as well as treble damages and applicable penalties for each prescription reimbursed by federal health care programs in violation of the False Claims Act. “Our complaint alleges that CVS repeatedly issued unlawful prescriptions for controlled substances and pressured its pharmacists to fill such prescriptions without taking the necessary time to confirm their validity,” said Chief Deputy Attorney General Brian Boynton. General of the DOJ’s Civil Division, said: “The alleged practices have contributed to the opioid crisis and opioid-related deaths, and today’s complaint seeks to hold CVS accountable for its misconduct.”

The US Department of Justice filed a lawsuit Civil lawsuit in Rhode Island on Wednesday, alleging that CVS Pharmacy filled unlawful prescriptions in violation of the Controlled Substances Act and sought reimbursement from federal health programs for some of the unlawful prescriptions in violation of the False Claims Act.

Rhode Island-based CVS is the largest pharmacy chain in the United States, operating more than 9,000 pharmacies across the country.

The lawsuit alleges that “from October 17, 2013 to the present, CVS knowingly issued prescriptions for controlled substances that had no legitimate medical purpose, were invalid, and were not issued within the normal course of professional practice.”

These include prescriptions for dangerous and excessive amounts of opioids, early fills of opioids, and “Trinity” prescriptions, a particularly dangerous and abusive drug combination of an opioid, a benzodiazepine, and a muscle relaxant.

The lawsuit alleges: “CVS also filled large volumes of prescriptions for controlled substances that were written by prescribers who were known to engage in “pill mill practices” in which prescribers filled large volumes of prescriptions for controlled substances without a medical purpose.”

Additionally, CVS is accused of ignoring substantial evidence from multiple sources, including its own pharmacists and internal data, indicating that its stores dispensed unlawful prescriptions.

The lawsuit alleges that CVS’s violations stemmed from company-mandated performance metrics, incentive compensation and human resources policies that prioritized company profits over patient safety.

CVS set staffing levels far too low for pharmacists to meet both their performance metrics and their legal obligations, the DOJ said in a statement.

The pharmacy chain is also accused of preventing pharmacists from warning their colleagues about certain subscribers, which the DOJ says could have reduced the number of unlawful prescriptions filled.

CVS’s actions “helped fuel the prescription opioid crisis and, in some particularly tragic cases, resulted in patients dying of opioid overdoses shortly after filling unlawful prescriptions at CVS,” the DOJ said.

“Opioid deaths continue to be a scourge on communities across Rhode Island and the country, depriving families of loved ones and leaving a trail of devastation,” said U.S. Attorney for the District of Rhode Island Zachary Cunha.

“When companies like CVS put profits over patient safety and overburden their pharmacy staff to the point where they cannot meet the fundamental responsibility of ensuring prescriptions are legitimate, we will use every tool at our disposal to ensure that they do are responsible for it.”

The lawsuit alleges that CVS’s actions helped fuel the prescription opioid crisis.

According to the DOJ, if CVS is found liable, it could face civil penalties for each unlawful prescription issued in violation of the Controlled Substances Act, as well as treble damages and applicable penalties for each prescription reimbursed by federal health care programs in violation of the False Claims Act.

“Our complaint alleges that CVS repeatedly issued unlawful prescriptions for controlled substances and pressured its pharmacists to fill such prescriptions without taking the necessary time to confirm their validity,” said Brian Boynton, assistant attorney general of the DOJ Civil Division.

“The alleged practices have contributed to the opioid crisis and opioid-related deaths, and today’s complaint seeks to hold CVS accountable for its misconduct.”

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