Dompé U.S. agrees to pay $32 million to resolve alleged Medicare co-pay kickbacks
Gamed · Friday, 11 September 2026
Why it matters
The case gives a concrete example of how Medicare’s co-pay mechanism can be undermined through manufacturer-linked foundation funding, potentially weakening the cost checks Congress built into the program. It also shows enforcement functioning through a $32 million recovery and self-disclosure incentives, rather than through a litigated finding of liability.
What happened
Dompé U.S. agreed to pay $32 million to resolve allegations that it used two patient-assistance foundations to pay Medicare beneficiaries’ Oxervate co-pays between 2018 and 2021, inducing purchases in violation of the Anti-Kickback Statute and False Claims Act. The alleged design weakness was the ability to route manufacturer money through ostensibly charitable foundations while obtaining patient-assistance data from the foundations and a specialty pharmacy, allowing the company to influence foundation budgeting and co-pay support. Dompé farmaceutici self-disclosed the conduct, and the companies received credit for cooperation and remediation; the settlement resolves allegations only, with no determination of liability.
Previously
2007–ongoing — The Department of Justice Health Care Fraud Strike Force has charged more than 6,200 defendants accused of collectively billing federal health-care programs and private insurers more than $45 billion.(US Department of Justice)
1986 — Congress substantially strengthened the False Claims Act, including its qui tam enforcement mechanism.(thefloridapress.com)
Players & places
- United States
- Dompé U.S.
- Dompé farmaceutici
- US Department of Justice
- US Department of Health and Human Services Office of Inspector General