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ARTICLE · 06 NOVEMBER 2026

Texas Continues To Target Pharma Patient Support Programs Under The Texas Anti-Kickback Statute

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Texas Attorney General secures $45 million settlement with Gilead Sciences over allegations that manufacturer patient support programs, including free nursing services and reimbursement assistance, functioned as illegal inducements to prescribers. This follows a similar $34 million AstraZeneca settlement, signaling heightened state scrutiny of pharmaceutical patient support programs under Texas anti-kickback laws.

United StatesGovernment, Public Sector
Jordan Ross
Jordan Ross
Shannon Wiley
Shannon Wiley

Key Takeaways

  • The Texas Attorney General secured a $45 million settlement with Gilead Sciences, just four months after a $34 million AstraZeneca settlement. Both resolved allegations that manufacturer patient support programs functioned as illegal inducements to Texas prescribers.
  • Texas treats free nursing services and patient education as in-kind remuneration under the Texas Anti-Kickback Statute and the Texas Health Care Program Fraud Prevention Act, even when no marketing activity is alleged.
  • Reimbursement support services, including prior authorization and appeals assistance, face scrutiny as tasks prescribers are “duty bound” to perform. Manufacturers should be prepared to show these programs benefit patients and do not induce prescriptions.

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