OHM Pharmacy Services, a Florida-based company operating under the names “Benzer” and “Auburndale,” has pleaded guilty in a Massachusetts court to one count of healthcare fraud, the U.S. Attorney’s Office announced Friday.
The plea, entered on May 13, 2025, resulted in a sentence of one year of probation and an order to pay $82,000 in restitution.
This criminal charge is part of a larger resolution that also includes a civil settlement where Benzer agreed to pay $1,018,000 to resolve allegations of False Claims Act violations.
According to admissions made by OHM as part of the global resolution, the pharmacy engaged in fraudulent practices related to the dispensing of Evzio, a costly naloxone product used in emergency opioid overdose situations. Insurers, including Medicare Part D plans, often required prior authorization for Evzio due to its high price point.
The investigation revealed that OHM Pharmacy Services routinely completed prior authorization forms on behalf of prescribing physicians. In some instances, OHM personnel allegedly signed these forms without the physicians’ consent and submitted information to insurers in a manner that falsely suggested the requests originated from the medical providers.
Furthermore, OHM admitted to submitting prior authorization requests containing false information to insurers, including Medicare Part D plans. For example, pharmacy staff reportedly filled out and submitted numerous Evzio prior authorization forms falsely claiming that patients had previously tried and failed to use Narcan or other forms of naloxone.
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In conjunction with this resolution, Benzer has entered into a comprehensive integrity agreement (IA) with the U.S. Department of Health & Human Services Office of Inspector General (HHS-OIG). This agreement mandates that Benzer implement stringent measures to ensure future compliance with laws regarding prior authorizations for pharmaceutical products.
The civil settlement concludes a lawsuit brought under the qui tam, or whistleblower, provisions of the False Claims Act by a former employee of kaléo Inc., the manufacturer of Evzio. The case, United States ex rel. Socol v. Benzer Pharmacy Holding, LLC, et al., No. 18-cv-10050-RGS (D. Mass.), will see the whistleblower receive $285,040 from the civil settlement amount.
This case is the latest in a series of actions taken by the U.S. Attorney’s Office related to fraudulent claims for Evzio. In 2021, settlements totaling $12.7 million were reached with kaléo Inc. and $1 million with other pharmacies. In 2022, another pharmacy entered into a $1.31 million deferred prosecution agreement and civil settlement.
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