Are Good Deeds Being Punished?: Independent Charity Patient Assistance Programs and the Anti-Kickback Statute

Largely funded by the pharmaceutical industry, Independent Charity Patient Assistance Programs (PAPs) dispense billions of dollars of aid annually to help financially vulnerable patients afford their prescription drugs. Recently, these charitable entities and their drug company donors have faced mounting legal scrutiny for allegedly funneling illegal kickbacks to Medicare beneficiaries. This Note examines Independent Charity PAPs and the issues they raise under the Anti-Kickback Statute (AKS). It explores the uncertain legal environment in which Independent Charity PAPs operate and concludes that a new AKS regulatory safe harbor may be necessary to preserve the viability of the safety net assistance that Independent Charity PAPs provide.