A Kansas long-term care pharmacy will pay $3 million to resolve allegations that it illegally dispensed controlled substances to long-term care residents without valid prescriptions.
PharmScript of KS, a wholly owned subsidiary of PharmScript Holdco LLC, provides medication and pharmaceutical services to assisted living community and skilled nursing facility residents in Kansas and Missouri. PharmScript of KS self-reported violations of the Controlled Substances Act to the Drug Enforcement Administration, which conducted its own investigation, according to the US Department of Justice.
PharmScript expanded into Kansas and Missouri in 2019 with the acquisition of UVANTA Kansas City, a long-term care pharmacy in Kansas City. The company overall services more than 700 long-term care and post-acute care facilities across 20 states and Washington, DC.
Along with dispensing drugs without valid prescriptions in Kansas and Missouri, the government also found that the company had been wrongfully reimbursed by Medicare and Medicaid.
In most cases, Schedule II controlled substances require a written prescription from a physician, and refills are not permitted by law. Pharmacists can dispense Schedule II controlled substances, such as opioid pain medications, without a prescription only in true emergency situations. In those cases, emergency prescriptions must be signed by an authorizing physician within seven days of issuance; otherwise, it is considered an illegal dispensing of controlled substances without a valid prescription.
The federal government alleged that between Oct. 1, 2019, and March 31, 2021, PharmScript dispensed Schedule II controlled substances for “purported emergencies” at greater quantities than necessary for an emergency period. The company also did not follow up verbal authorization with written prescriptions within the required time period, according to the federal government.
The company also allegedly dispensed other controlled substances without either valid written prescriptions or verbal authorization from a physician.
“Because opioids are highly addictive, doctors and pharmacies have a duty to ensure they are prescribing controlled medications according to law to protect their patients’ health and safety,” Michael A. Davis, DEA special agent in charge, said in a statement. “PharmScript’s dispensing practices were so egregious, it warranted a significant civil penalty.”
The case was investigated by the DEA’s Diversion Control Division in the Kansas City field office, the Department of Health and Human Services Office of the Inspector General and the US Attorney’s Office for the District of Kansas.
