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

drugs.

558.

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

New Hampshire Medicaid, which were certified compliant with federal and state Medicaid law

and regulation as a condition of payment by co-conspirator pharmacies, New Hampshire

regulaTly made payments to pharmacies for Defendant Manufacturers' illegally switched drugs.

559.

The amounts of the false or fraudulent claims to the State of New Hampshire were

material.

560.

Plaintiff State of New Hampshire, 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 OnmicaTe.

COUNT XXXI New Mexico Medicaid False Claims Act

    • N.

      M. Stat. §27-14-1 et seq. (Against All Defendants)

  • 561.

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

562.

This Count is brought by Plaintiff Lisitza individually and in the name ofthe State

of New Mexico under the qui tam provisions of the New Mexico Medicaid False Claims Act,

N.M. Stat. §27-14-1 et seq.

563.

Omnicare,

at

all

times

relevant

to

this

action,

sold

and

continues

to

sell

phaTmaceuticals

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 Mexico.

120

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