Ultram/Ultracet, and other drugs.
knowingly caused to be presented false or fraudulent claims for payment or approval, and
possibly continues to cause to be submitted false or fraudulent claims for payment or approval,
directly or indirectly, to officers, employees, or agents of the State of Texas, for Risperdal and
As a result of the claims for reimbursement defendants caused to be submitted to
Texas Medicaid, which were certified compliant with federal and state Medicaid law and
regulation as a condition of payment by co-conspirator pharmacies, Texas regularly made
payments to pharmacies for Defendant Manufacturers' illegally switched drugs.
The amounts of the false or fraudulent claims to the State of Texas were material.
Plaintiff State of Texas, 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 XXXVIII Conspiracy to Submit False Claims in Violation of the Texas Medicaid False Claims Act Tx. Hum. Res. Code §36.002(9) (Against All Defendants)
Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.
By effectuating the PAL letter solicitation-for-kickback scheme detailed herein,
Bristol Myers and Omnicare conspired to defraud the State of Texas by submitting false claims
and causing the submission of false claims for Monopril, Abilify, and other drugs.