On July 10, the Department of Justice (DOJ) announced a nearly $410 million settlement with Rite Aid Corporation to resolve allegations that Rite Aid and its affiliates ignored red flags and knowingly dispensed unlawful controlled substances in violation of the False Claims Act (FCA) and Controlled Substances Act (CSA).
Under the agreement, the government will receive $7.5 million and have a $401.8 million claim in Rite Aid’s pending bankruptcy. At the end of last month, DOJ also announced a $20 million settlement to resolve allegations that a mail-order pharmacy run by OptumRx improperly filled “trinity” prescriptions (a combination of an opioid, a benzodiazepine, and a muscle relaxant) in violation of the CSA.
These settlements are the latest in an increasing trend of government enforcement actions resulting in significant liability based on allegations that pharmacies failed to exercise their corresponding responsibility when dispensing controlled substances.