OIG Patient Advisory Program Opinion

The Department of Health and Human Services Office of the Inspector General (OIG) issued this opinion in response to a request from a pharmaceutical manufacturer regarding the structure of a proposed patient advisory program (PAP).  In November 2005, OIG issued a notice that PAPs could continue to provide low income individuals with free or subsidized medications if the individuals were not enrolled in Medicare Part D.  This new opinion approves two specific programs operated by Schering-Plough Corporation (which requested the evaluation and opinion) that will enable Medicare Part D enrollees to participate in a PAP.

The opinion provides details about how the PAP will ensure that the free medications will be provided without creating interference with an enrollee's chosen drug plan.  It also specifies how the manufacturer will avoid creating a situation in which the manufacturer might be reimbursed by the drug plan or Medicare for providing medications to the individual.