COLUMBUS, Ohio — The United States filed a complaint based on whistleblower statements alleging that Rite Aid knowingly filled illegal prescriptions for controlled substances, the Justice Department announced Monday.

What You Need To Know

  •  The U.S. filed a complaint against Rite Aid Corporation and several subsisdiaries, alleging they knowingly filled illegal prescriptions for controlled substances

  •  Prescriptions filled include opioids such as fentanyl, and prescriptions from prescribers known to Rite Aid for frequently writing illegitimate prescriptions

  •  Based on their allegations, the government believes Rite Aid to be in violation of the False Claims Act (FCA) and the Controlled Substances Act (CSA)

The government, in its complaint, alleged that from May 2014 through June 2019, Rite Aid knowingly filled hundreds of thousands of prescriptions for controlled substances that lacked legitimate medical purpose, were not for a medically accepted condition, or were not professionally issued. 

According to the U.S. Department of Justice, the prescriptions filled include excessive quantities of opioids such as oxycodone and fentanyl, and prescriptions from prescribers known to Rite Aid for frequently writing illegitimate prescriptions. 

“Pharmacies are required to ensure prescription drugs are only dispensed based on valid prescriptions,” said Special Agent in Charge Maureen Dixon of the Department of Health and Human Services, Office of the Inspector General (HHS-OIG). “Prescriptions which are not medically necessary, and not for a medically accepted indication, will not be paid for by Medicare and Medicaid. HHS-OIG will continue to work with our law enforcement partners and the Department of Justice’s Civil Division to recover improperly paid funds through the FCA.”

The government also alleged Rite Aid intentionally deleted internal notes about suspicious prescribers and directed managers to tell their pharmacists to be careful what they wrote into record. 

Based on the allegations, the government believes Rite Aid violated the False Claims Act (FCA) and the Controlled Substances Act (CSA).

“Pharmacies, physicians, corporations and other health care entities that have contributed to the proliferation of opioids in our communities and the tragic loss of life from overdose deaths must answer for their role in the crisis we now face,” said First Assistant U.S. Attorney Michelle M. Baeppler for the Northern District of Ohio. “This complaint is a continuation of the Justice Department’s commitment to hold accountable those entities that aggravated and profited from the opioid crisis.”

Along with Rite Aid Corporation, the government complaint names several Rite Aid subsidiaries as defendants, including Rite Aid of Ohio, Rite Aid of Pennsylvania, and Rite Aid of Virginia. 

The whistleblowers have all previously worked for Rite Aid at various pharmacies and sued on behalf of the United States. The United States has taken over the case in part.

“The action supported today by the Drug Enforcement Administration (DEA) should serve as a warning to those in the pharmacy industry who choose to put profit over customer safety,” said Special Agent in Charge Orville O. Greene of the DEA.