PharmScript of KS, LLC, a long-term care pharmacy in Lenexa, Kansas, has agreed to pay $3 million to resolve allegations that it violated federal law by dispensing controlled substances to residents in nursing and long-term care facilities without valid prescriptions and that the company was wrongfully reimbursed by the Medicare and Medicaid programs.
PharmScript of KS, LLC, is a wholly owned subsidiary of PharmScript Holdco, LLC, and provides medication and pharmaceutical services to patients in skilled nursing facilities and residents in assisted living facilities in Kansas and Missouri. PharmScript of KS self-reported violations of the Controlled Substances Act to the Drug Enforcement Administration, which conducted its investigation.
Special Agent in Charge Michael A. Davis heads the Drug Enforcement Administration division that leads DEA investigations in Kansas and Missouri. “Because opioids are highly addictive, doctors and pharmacies must ensure they are prescribing controlled medications according to law to protect their patient’s health and safety,” said Davis. “PharmScript’s dispensing practices were so egregious, it warranted a significant civil penalty.”
In nearly all circumstances, Schedule II controlled substances require a written prescription by a physician, and refills are not permitted by law. The Controlled Substances Act allows pharmacists to dispense Schedule II controlled substances, such as opioid pain medications, without a written prescription only in true emergencies. When allowed for emergencies, it is only for the quantity of drugs necessary to treat the patient during the emergency period. Emergency prescriptions must promptly be reduced to writing and signed by an authorizing physician within seven days of issuance. Failure to meet these requirements results in an illegal dispensing of controlled substances without a valid prescription.
The federal government alleged that between Oct. 1, 2019, through March 31, 2021, PharmScript of KS dispensed Schedule II controlled substances for purported emergencies when quantities of the controlled substances dispensed were greater than what was adequate for the emergency period and that PharmScript of KS failed to obtain written prescriptions within seven days after a verbal authorization. The government also alleged that other controlled substances were dispensed without a written prescription and when no verbal authorization was received from a physician.
The government also resolved claims that PharmScript of KS was improperly paid by the Medicare and Medicaid programs for dispensing controlled substances without valid prescriptions.
This case was investigated by the Drug Enforcement Administration and the Department of Health and Human Services – Office of the Inspector General.
