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July 11, 2025   
Health Law Weekly

OIG Allows Drug Maker to Pay for Lab Test That Determines Whether Patients Need Its Drug

  • July 11, 2025

A drug manufacturer’s proposal to sponsor a companion laboratory test for eligible patients to determine if the requestor’s drug is an appropriate treatment could generate prohibited remuneration under the Anti-Kickback Statute (AKS), but the Department of Health and Human Services Office of Inspector General (OIG) said in an advisory opinion posted July 2 that it will not impose administrative sanctions on the arrangement.

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