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submission of false claims for Risperdal and other drugs.

457.

By

effectuating

a

similar

PAL

letter

solicitation-for-kickback

scheme,

Ortho

McNeil and Omnicare conspired to defraud the State of Indiana by submitting false claims and

causing the submission of false claims for Levaquin, Ultram/Ultracet, and other drugs.

458.

As a result of the claims for reimbursement defendants caused to be submitted to

Indiana Medicaid, which were certified compliant with federal and state Medicaid law and

regulation as a condition of payment by co-conspirator pharmacies, Indiana regularly made

payments to pharmacies for Defendant Manufacturers' illegally switched drugs.

459.

The amounts of the false or fraudulent claims to the State of Indiana were

material.

460.

Plaintiff State of Indiana, being unaware of the falsity of the claims and/or

statements caused to be made by the Defendant Manufacturers, and in reliance on the accuracy

thereof paid and may continue to pay for the Defendant Manufacturers' improperly switched

prescriptions.

All

unlawful

conduct

described

above

may

have

continued

after

Lisitza's

termination with Omnicare.

COUNT XXI Louisiana Medical Assistance Programs Integrity Law La. Rev. Stat. §437 et seq. (Against All Defendants)

  • 461.

    Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.

  • 462.

    This Count is brought by Lisitza in the name of the State of Louisiana under the

qui tam provisions of the Louisiana Medical Assistance Programs Integrity Law, La. Rev. Stat.

§437 et seq.

463.

Omnicare,

at

all

times

relevant

to

this

action,

sold

and

continues

to

sell

pharmaceuticals in the State of Louisiana. Omnicare, at all times relevant to this action, has

103

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