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Walgreens to pay $106.8M to settle DoJ claims of overbilling

As part of the resolution, Walgreens received credit under the department’s guidelines for taking disclosure, cooperation and remediation into account in False Claims Act cases.

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WASHINGTON — Walgreens Boots Alliance Inc. and Walgreen Co. (together, Walgreens) have agreed to pay $106.8 million to resolve alleged violations of the False Claims Act and state statutes for billing government health care programs for prescriptions never dispensed.

The government alleges that, between 2009 and 2020, Walgreens submitted false claims for payment to Medicare, Medicaid and other federal health care programs for prescriptions that it processed but that were never picked up by beneficiaries. Walgreens instead restocked and resold the same prescription to someone else without reversing the claim submitted to the government, collecting payment twice on these prescriptions. As a result, Walgreens received tens of millions of dollars for prescriptions that it never actually provided to health care beneficiaries.

As part of the resolution, Walgreens received credit under the department’s guidelines for taking disclosure, cooperation and remediation into account in False Claims Act cases. Among other actions, Walgreens implemented enhancements to its electronic pharmacy management system to prevent this from occurring in the future and self-reported certain conduct. Because Walgreens previously refunded $66,314,790 pertaining to the settled claims, Walgreens will receive a credit for this amount.

"Due to a software error, we inadvertently billed some government health care programs for a relatively small number of prescriptions our patients submitted but never picked up.  We corrected the error, reported the issue to the government and voluntarily refunded all overpayments.  We appreciate the government acknowledged our compliance efforts as part of resolving this matter," said Fraser Engerman, senior director, Media Relations & Issues Management at Walgreens Boots Alliance.

“Federal health care programs provide critical health care services to millions of Americans,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will hold accountable those who abuse these programs by knowingly billing for goods or services they did not provide.”

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