Québec Bill to Recover Unlawful Rebates Paid by Drug Manufacturers and Wholesalers to Pharmacies


Food and Drug Law
Food and Drug Regulatory LawOn April 6, 2016, the Québec Minister of Health and Social Services introduced Bill 92, “An Act to extend the powers of the Régie de l’assurance maladie du Québec and to amend various legislative provisions.”

If a drug manufacturer or wholesaler pays unlawful rebates to a pharmacist or pharmacy, Bill 92 would allow the Régie to demand that the amount of the unlawful rebate be paid to the Régie. The Régie would also be empowered to demand a further administrative monetary penalty of 15% of the amount of any such rebate. A pharmacist receiving such an unlawful rebate may also be required to pay a 15% administrative monetary penalty, either by direct payment to the Régie, or through a withholding of payments that would otherwise be payable to the pharmacist under the “Act respecting prescription drug insurance.”

Bill 92 can be found here.

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