Improper Promotion and Kickback Allegations
The increased availability of large and complex health industry data provides a basis for detailed analysis of many different types of allegedly fraudulent conduct by health care companies. Today, many pharmaceutical, biotechnology and medical device companies, as well as other health care entities, maintain rich data sets concerning the types of marketing activities and provider relationships that are often at the heart of improper promotion and kickback allegations.
For example, third-party data concerning physician prescribing data can be overlaid on call-note data, which tracks contacts between company sales representatives and physicians, and/or company records of honoraria payments to specific health care professionals. With proper attention to confounding factors that may have affected physician treatment choices, such data can be used to explore the effects on sales of company conduct at issue in a government investigation or a private litigation matter.