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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 XXIX New Hampshire Medicaid Fraud and False Claims Act

    • N.

      H. Rev. Stat. §167:61-b et. seq. (Against All Defeudants)

  • 541.

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

542.

This Count is brought by Plaintitf Lisitza individually and in the name of the State

of New Hampshire under the qui tam provisions of New Hampshire Medicaid Fraud and False

Claims Act, N.H. Rev. Stat. §167:61-b et. seq.

543.

Omnicare,

at

all

times

relevant

to

this

action,

sold

and

continues

to

sell

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

operated and continues to operate pharmacies in the State of New Hampshire.

544.

Bristol

Myers,

Ortho

McNeil,

Janssen,

and

Pfizer,

at

all

times

relevant to

this

action, sold and continue to sell pharmaceuticals in the State ofNew Hampshire.

545.

At

all

times

relevant

and

material

to

this

Amended

Complaint,

the

Defendant

Manufacturers Bristol Myers, Ortho McNeil, Janssen, and Pfizer knowingly caused false claims

for payment or approval, in the form of false cost information for their "preferred" medications

specified herein, as well as other medications manufactured by them, to be presented to officers

and

employees

of

the

federal

and

state

governments.

As

a

result,

the

federal

and

state

governments paid reimbursements for the Defendant Manufacturers' drugs to Omnicare and

other Medicaid provider pharmacies sums of money grossly in excess of the amounts

contemplated by law, resulting in great financial loss to the federal and state governments.

117

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