On December 13, 2022, PharmScript of KS, LLC, a long-term care pharmacy based in Kansas, agreed to pay $3 million to resolve allegations that it violated the Controlled Substances Act. The violations, which were self-reported by PharmScript to the DEA, involved claims that PharmScript dispensed controlled substances to residents in nursing homes and long-term care facilities without prescriptions, and that the company received Medicare and Medicaid reimbursement for those controlled substances.
According to federal law, Schedule II controlled substances can only be filled without a written prescription in the case of an emergency. In an emergency situation, the Schedule II controlled substance may only be dispensed in quantities necessary to treat the patient during the emergency period. According to the U.S. Department of Justice, between October 2019 and April 2021, PharmScript dispensed Schedule II controlled substances under the guise of an emergency in larger quantities than are acceptable in an emergency period. Additionally, PharmScript failed to obtain a written prescription for these emergency prescriptions within 7 days of their initial issuance.