Over the past few years, an attorney has been waging a seemingly Quixotic battle to reduce off-label prescriptions for medicines – specifically, antipsychotics for children. Concerns over such prescribing have, in fact, been rising. Recently, the Office of Inspector General at the US Department of Health & Human Services began investigating the trend and asked the states to tighten their Medicaid oversight.
But to achieve his goal, Jim Gottstein has taken a novel approach. He has been urging the US government to pursue physicians for violating the False Claims Act. In his view, off-label prescribing would be reduced if the feds enforced Medicaid coverage restrictions of outpatient drugs to those medicines that are approved for a medically accepted indication.
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