McNeil and Omnicare conspired to defraud the State of Telmessee by submitting false claims
and causing the submission offalse claims for Levaquin, Ultram/Ultracet, and other dmgs.
As a result of the claims for reimbursement defendants caused to be submitted to
Tennessee Medicaid, which were certified compliant with federal and state Medicaid law and
regulation as a condition of payment by co-conspirator pharmacies, Tennessee regularly made
payments to pharmacies for Defendant Manufacturers' illegally switched dmgs.
The amounts of the false or fraudulent claims to the State of Tennessee were
Plaintiff State of Tennessee, 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
termination with Omnicare.
COUNT XXXVII Texas Medicaid Fraud Prevention Act Tx. Hum. Res. Code, §36.101 et seq. (Against All Defendants)
Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.
This Count is brought by Lisitza in the name of the State of Texas under the qui
tam provisions of the Texas Medicaid Fraud Prevention Act, Tx. Hum. Res. Code, §36.101 et
pharmaceuticals in the State of Texas. Omnicare, at all times relevant to this action, has operated
and continues to operate pharmacies in the State of Texas.