(The Guardian) Supreme court justices on Thursday took aim at pharmacies who overcharge the government for prescription drugs, their unanimous ruling reopening a pathway for legal action by individuals seeking to protect taxpayers’ money.
The case involves “whistleblowers” ostensibly acting for the government, whom a lower court said could not sue pharmacies claiming their own “objectively reasonable” reading of the law allowed them to overbill federal health programs including Medicare and Medicaid.
The 9-0 decision, written by conservative justice Clarence Thomas in a case brought by two such individuals against pharmacies controlled by Safeway Inc and SuperValu Inc, overturns the 7th circuit ruling and allows them to seek monetary damages from the providers offering drugs at discounts to customers paying out of pocket, while improperly charging higher rates to the government.
Joe Biden’s administration had backed the whistleblowers in their appeal.
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The case involves “whistleblowers” ostensibly acting for the government, whom a lower court said could not sue pharmacies claiming their own “objectively reasonable” reading of the law allowed them to overbill federal health programs including Medicare and Medicaid.
The 9-0 decision, written by conservative justice Clarence Thomas in a case brought by two such individuals against pharmacies controlled by Safeway Inc and SuperValu Inc, overturns the 7th circuit ruling and allows them to seek monetary damages from the providers offering drugs at discounts to customers paying out of pocket, while improperly charging higher rates to the government.
Joe Biden’s administration had backed the whistleblowers in their appeal.

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