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Texas Company and Owner Agree to Voluntary Exclusion

On July 20, 2020, in connection with the resolution of their False Claims Act liability, Jason Bourque (Bourque) and Allen Research Corporation (Allen Research), Frisco, Texas, each agreed to be excluded under 42 U.S.C. 1320a-7(b)(7) for 10 years. The investigation revealed and OIG alleged that Bourque and Allen Research: recruited physicians to be part of a purported “research study” for transdermal pain cream; directed certain recruited physicians who participated in the purported “research study” to send prescriptions for pain creams to a pharmacy in Allen, Texas; together with the pharmacy, had an agreement pursuant to which the pharmacy agreed to pay Bourque and Allen Research a percentage of its insurance reimbursements, which included amounts paid by TRICARE, for pain cream prescriptions Bourque and Allen Research arranged to be filled by the pharmacy; and then paid certain physicians who had written the prescriptions a percentage of the amount received from the pharmacy. OIG alleged that the arrangement among Bourque, Allen Research, the pharmacy, and the physicians violated the Anti-Kickback Statute. Senior Counsel Karen Glassman represented OIG.

Action Details

  • Date:July 20, 2020
  • Enforcement Types:
    • CMP and Affirmative Exclusions