The Justice Department is suing Rite Aid, claiming the drugstore chain ignored "obvious red flags" when filling hundreds of thousands of controlled substance prescriptions and contributing to the national opioid epidemic.
The complaint alleges that Rite Aid violated the federal False Claims Act (FCA) and the Controlled Substances Act (CSA) and knowingly filled unlawful prescriptions for controlled substances. It also alleges that the Rite Aid submitted false prescription claims to government healthcare programs.
"The Justice Department is using every tool at our disposal to confront the opioid epidemic that is killing Americans and shattering communities across the country," Attorney General Merrick Garland said in a release.
According to the complaint, between May 2014 and June 2019, Rite Aid pharmacists filled hundreds of thousands of prescriptions for controlled substances, including opioids, that were "medically unnecessary" or that should have raised suspicions because they "lacked a medically accepted indication, or were not issued in the usual course of professional practice."
The Justice Department said Rite Aid pharmacists either "ignored these red flags" or made little to no effort to investigate. The department also said Rite Aid management turned a blind eye and sometimes reprimanded employees who expressed concerns.
Special Agent in Charge Maureen Dixon of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG), said pharmacies are required to dispense prescription drugs "based on valid prescriptions."
"Prescriptions which are not medically necessary, and not for a medically accepted indication, will not be paid for by Medicare and Medicaid," Dixon said. "HHS-OIG will continue to work with our law enforcement partners and the Department of Justice's Civil Division to recover improperly paid funds through the FCA."
The government's complaint says Rite Aid pharmacists repeatedly filled prescriptions for a "dangerous and highly abused" combination of opioids, benzodiazepines, and muscle relaxants known as "the trinity" and refilled opioid prescriptions early, before patients should have run out.
Rite Aid's pharmacists also are alleged to have filled prescriptions for unusually high doses or massive quantities of opioids, as well as prescriptions from doctors who had been flagged as "writing illegitimate prescriptions."
These actions "opened the floodgates for millions of opioid pills and other controlled substances to flow illegally out of Rite Aid's stores," Associate Attorney General Vanita Gupta said.
Rite Aid is one of the country's largest pharmacy chains, with over 2,200 pharmacies in 17 states.
In 2021, there were more than 106,000 drug overdose deaths in the United States, according to the National Institute on Drug Abuse.
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