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Besse Medical, Kickbacks and False Claims, Texas 2023

Besse Medical Pays $1.67M to Resolve Kickback Allegations

Besse Medical, doing business as ASD Specialty Healthcare LLC (ASD), has agreed to pay $1.67 million to settle allegations that it violated the Anti-Kickback Statute and False Claims Act by providing inventory management systems to retina practices at no cost to induce them to purchase drugs from Besse.

The company, headquartered in Carrollton, Texas, distributes specialty medical and pharmaceutical products nationwide, including ophthalmological injections that treat neovascular age-related macular degeneration (wet AMD).

According to the settlement agreement, ASD admits that it acquired a commercially available inventory management system, known as PODIS, in May 2017. Through November 2023, ASD offered PODIS at no cost to customers who met certain purchase requirements, including that they purchase branded Wet AMD drugs from ASD and convert to an ASD customer if not a current customer.

The government alleges that ASD caused physicians to submit false claims to Medicare, TRICARE and the Department of Veterans Affairs induced by these kickbacks.

According to the allegations in today’s settlement, ASD purchased a commercially available product and leveraged it to gain business in violation of the AKS,’ said Principal Deputy Assistant Attorney General Brian M. Boynton.

Defendant: ASD Specialty Healthcare LLC (doing business as Besse Medical)

Criminal Charges: Violated the Anti-Kickback Statute and False Claims Act

City and State: Carrollton, Texas

Date: N/A

Sentence or Outcome: $1.67 million settlement

Dollar Amount: $1.67 million

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