1 00:00:00,040 --> 00:00:02,400 Speaker 1: Well, now is time for our daily Bloomberg Law Brief, 2 00:00:02,480 --> 00:00:05,640 Speaker 1: exploring legal issues in the news, and today Bloomberg Lajo 3 00:00:05,680 --> 00:00:08,920 Speaker 1: stuon Grosso and Greg Store discuss an i r S 4 00:00:08,960 --> 00:00:12,320 Speaker 1: probe into the tax exempt status of a charity funded 5 00:00:12,320 --> 00:00:16,360 Speaker 1: by pharmaceutical companies. Critics say it allows pharmaceutical companies to 6 00:00:16,360 --> 00:00:20,000 Speaker 1: help patients pay for expensive drugs. They speak with Bloomberg 7 00:00:20,040 --> 00:00:27,280 Speaker 1: News reporter Robert Landgrath explain how these patient assistance charities work. So, 8 00:00:27,600 --> 00:00:30,160 Speaker 1: it turns out, if you're on Medicare, as a patient 9 00:00:30,160 --> 00:00:33,800 Speaker 1: on Medicare and other government programs, drug makers are not 10 00:00:33,920 --> 00:00:38,159 Speaker 1: allowed to directly pay for that patient's co payment if 11 00:00:38,159 --> 00:00:41,159 Speaker 1: they can't afford it. That's viewed at a potentially in 12 00:00:41,280 --> 00:00:45,120 Speaker 1: legal kickback. So it's happened as these a group of 13 00:00:45,200 --> 00:00:48,440 Speaker 1: charities that have sprung up to help patients can't afford it, 14 00:00:48,479 --> 00:00:51,400 Speaker 1: pay for their their portion their co payment of very 15 00:00:51,440 --> 00:00:55,760 Speaker 1: expensive drugs hundred thousand dollar drugs for cancer and multiple grosses. 16 00:00:56,240 --> 00:00:59,840 Speaker 1: And the controversy is over whether some of these charities 17 00:01:00,160 --> 00:01:03,200 Speaker 1: maybe too close in some way to their donors as 18 00:01:03,240 --> 00:01:06,679 Speaker 1: and it turns out they've created very narrow disease funds 19 00:01:06,760 --> 00:01:09,680 Speaker 1: where most of the money ends up going back UH 20 00:01:09,720 --> 00:01:11,840 Speaker 1: and these disease funds may be funded by just one 21 00:01:11,959 --> 00:01:14,880 Speaker 1: or two drug companies and most of the money ends 22 00:01:14,959 --> 00:01:18,280 Speaker 1: up going back to patients taking those drug companies drugs. 23 00:01:18,319 --> 00:01:20,800 Speaker 1: And now it turns out the I R S is 24 00:01:20,840 --> 00:01:24,560 Speaker 1: looking into one of these charities, the Chronic Disease Fund, 25 00:01:25,080 --> 00:01:27,920 Speaker 1: and looking to see whether, you know, does it deserve 26 00:01:28,040 --> 00:01:30,520 Speaker 1: tax except status? And the I R S has done 27 00:01:30,520 --> 00:01:33,200 Speaker 1: an analysis and as we found it in court papers 28 00:01:33,240 --> 00:01:38,080 Speaker 1: showing that of a nine point three million the charities 29 00:01:38,080 --> 00:01:40,800 Speaker 1: spent on co payment support in two thousand eleven went 30 00:01:40,840 --> 00:01:45,160 Speaker 1: back to patients taking drugs made by its donors. So 31 00:01:45,480 --> 00:01:48,760 Speaker 1: what is it that would be potentially illegal here? What 32 00:01:48,880 --> 00:01:51,800 Speaker 1: is the I r S looking for? Are those numbers 33 00:01:51,840 --> 00:01:54,760 Speaker 1: you're talking about enough to make a case or do 34 00:01:54,840 --> 00:01:58,360 Speaker 1: they have to find something more? Well, it's not clear 35 00:01:58,400 --> 00:02:00,240 Speaker 1: exactly what the I r S is going to, but 36 00:02:00,320 --> 00:02:04,600 Speaker 1: they do sometimes, you know, declare have findings that you know, 37 00:02:04,800 --> 00:02:08,200 Speaker 1: charity is no longer entitled to tax exempt status. We 38 00:02:08,280 --> 00:02:10,200 Speaker 1: talked to some tax experts who said, you know, what 39 00:02:10,320 --> 00:02:12,120 Speaker 1: the I R S appears to be looking at is 40 00:02:12,120 --> 00:02:16,639 Speaker 1: whether this charity was effectively really operating as a marketing 41 00:02:16,760 --> 00:02:19,960 Speaker 1: arm essentially of drug companies and therefore doesn't deserve its 42 00:02:20,000 --> 00:02:24,480 Speaker 1: charitable status and as Bloomberg News reporter Robert de Langreth 43 00:02:24,560 --> 00:02:27,400 Speaker 1: speaking with the Bloomberg lah Hoo stuon Grasso and Greg Sture. 44 00:02:27,639 --> 00:02:29,880 Speaker 1: You can listen to Bloomberg Law weekdays at one pm 45 00:02:29,919 --> 00:02:32,840 Speaker 1: Wall Street Time here on Bloomberg Radio, and that's this 46 00:02:32,919 --> 00:02:35,440 Speaker 1: morning's Bloomberg Law Brief. 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