CVS is being sued by the Department of Justice for allegedly filling prescriptions in violation of the Controlled Substances Act, then billing federal health care programs for reimbursement.
“Among the large number of unlawful prescriptions that CVS allegedly filled were prescriptions for dangerous and excessive quantities of opioids, early fills of opioids, and ‘trinity’ prescriptions,” the DOJ announced Wednesday.
“Trinity” prescriptions are drug cocktails containing an opioid pain reliever, a benzodiazepine depressant and a muscle relaxant.
The nation’s largest pharmacy chain is also accused of enabling the operators of “pill mill practices” where drugs are sold regardless of medical necessity.
CVS allegedly “ignored substantial evidence from multiple sources,” including its own pharmacists, that some of its 9,000 stores were dispensing illegal prescriptions.
Employees are said to have been motivated to act irresponsibly by company policies meant to drive sales and prioritize corporate profits over patient safety.
“Our complaint alleges that CVS repeatedly filled controlled substance prescriptions that were unlawful and pressured its pharmacists to fill such prescriptions without taking the time needed to confirm their validity,” said Brian M. Boynton, head of the DOJ’s Civil Division. “The practices alleged contributed to the opioid crisis and opioid-related deaths, and today’s complaint seeks to hold CVS accountable for its misconduct.”
CVS denies the Justice Department’s claims and plans to “vigorously” challenge the merits of the suit.
“We have cooperated with the DOJ’s investigation for more than four years, and we strongly disagree with the allegations and false narrative within this complaint,” the company said in a statement. “Many of the litigation theories laid out in the complaint are not found in any statute or regulation and relate to topics on which the government has declined to provide guidance.”
CVS blames the DOJ’s “shifting standard” for creating a conundrum for employees who serve the chain’s customers.
“The government’s lawsuit intensifies a serious dilemma for pharmacists, who are simultaneously second-guessed for dispensing too many opioids, and too few,” CVS said.