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Supreme Court revives claims that SuperValu, Safeway overcharged governments for generic drugs

The Supreme Court has unanimously revived whistleblower lawsuits claiming that supermarket and pharmacy chains SuperValu and Safeway overcharged government health-care programs for prescription drugs by hundreds of millions of dollars

By MARK SHERMAN
Published - Jun 01, 2023, 11:09 AM ET
Last Updated - Jun 21, 2023, 02:07 PM EDT

WASHINGTON (AP) — The Supreme Court on Thursday unanimously revived whistleblower lawsuits claiming that supermarket and pharmacy chains SuperValu and Safeway overcharged government health-care programs for prescription drugs by hundreds of millions of dollars.

The decision gives the whistleblowers another chance to pursue their claims that the companies defrauded the Medicare and Medicaid programs when they reported retail prices for generic prescription drugs, even though they had mainly been sold to customers at deeply discounted prices.

The cases stem from the companies’ effort to match a 2006 decision by Walmart to offer 30-day supplies of many generic drugs for $4.

SuperValu and Safeway matched the discounted price at their pharmacies, but they reported to the federal and various state governments a much higher “usual and customary” price when seeking reimbursement.

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