Walgreens $107 Million Settlement for False Claims Act Violations

A recent Department of Justice press release outlined a settlement with Walgreens for nearly $107 million for False Claims Act violations related to claims billed to government programs that were never dispensed. The government alleges that from 2009-2020, Walgreens restocked thousands of prescriptions billed to Medicare and Medicaid and resold the same medication, effectively collecting payment twice on the same medications.

The underlying cause of the systematic overbilling was related to a feature in Walgreens’ pharmacy management software (Intercom Plus, IC+) where prescriptions which were billed but not sold were removed from the local IC+ servers after 29 days (to save space) and moved into an “Unaccounted-For Status” on the central IC+ server. Pharmacists in the stores could no longer see these prescriptions in the local IC+ work queue and there was no back-end process to reverse the paid claims that were moved into the Unaccounted-For Status. Essentially thousands of billed prescriptions “got lost” and Walgreens received payment for items never dispensed.

In January 2020, Walgreens self-disclosed the systematic error, began to implement corrective actions to resolve the problem, and fully cooperated with the government to settle the overpayments.

Two separate qui tam relators brought this systemic problem to the government’s attention and will receive $14.9 and $1.6 million dollars, respectively.

PAAS Tips:

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  • PAAS suggests that pharmacies perform Return to Stock for any claims not picked up within 10 days of billing
  • PAAS FWA and HIPAA Compliance members can find information about unclaimed prescriptions in section 4.1.1 of their Policy & Procedure Manual
  • Pharmacies with an integrated point-of-sale system should periodically run reports to looking for paid claims that have not been sold to ensure that there are no prescription claims that are “lost” and may result in inappropriate overpayments

Download PAAS’ Return to Stock Chart for detail on PBM specific requirements

Eric Hartkopf, PharmD