Between 2019 and 2023, the company allegedly provided financial inducements to ambulatory service centers to secure the purchase and dispensing of Dexycu. Federal authorities claimed EyePoint implemented an assurance program designed to compensate these centers whenever health insurers denied claims or reimbursed the drug at rates below the acquisition cost. The investigation also highlighted the distribution of excessive free samples as a mechanism to influence procurement decisions.
Beyond the primary $4.7 million settlement, the company will pay $21,518.68 to various states and cover $166,500 in attorneys' fees and costs. Brett Shumate, Assistant Attorney General for the Justice Department’s Civil Division, stated that such practices artificially inflate drug costs for patients and federal health care programs. EyePoint intends to satisfy these obligations using existing cash reserves.

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