October 28, 2020

Matt Rubin Talks to Politico About Limited Use of SUPPORT Act’s Patient Broker Provision

In the article, “4 Ways the Opioid Law Hasn't Delivered on its Promises,” Faegre Drinker Consulting director Matt Rubin offered perspective to Politico about the Department of Justice’s (DOJ) limited use of the SUPPORT Act’s patient broker provision, which targets rehab facilities that pay third parties to illegally recruit and direct patients into subpar or ineffective treatments, as well as any solicitors of kickbacks from labs in exchange for drug testing referrals with the penalty of fines and prison time.

To date, the DOJ has only used the provision in three cases.

“Experts aren’t clear on why the provision hasn’t been used more … federal prosecutors may simply be hesitant to use new and unfamiliar authorities,” said Rubin.

Moreover, Rubin noted, the wrongdoing in individual cases can be elaborate enough to elude the broad language of the statute.

The full article is available to Politico Pro subscribers.

Full Article
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