AMA warns that doctors could face legal consequences for switching meds

BOSTON The American Medical Association has issued a warning to doctors who switch their patients off brand name drugs to generics in hopes of receiving financial benefits from insurance companies, according to the ABC News affiliate in Boston.

Doctors who fail to comply are subject to criminal and civil punishment under the federal anti-kickback statute. The penalties are as much as five years in prison, with criminal fines as high as $25,000 for each violation, civil penalties up to $50,000 and exclusion from federal programs, such as Medicare in the future.

The AMA said that any physician’s first priority must be the patient’s health and the best medical practices available to treat it. It said it was not aware of any doctors being prosecuted under the federal anti-kickback statute for switching patients off brand names.