only going to be beneficial to patients in Omnicare-serviced long-term care facilities, but would
save payors money.
who needed subsequent technical assistance to switch patients from Tylenol #3, Tylenol #4,
Darvocet, and vicodin to UltramlUltracet.
t o i l l e g a l l y s o l i c i t P A L s f r o m
physicians authorizing blanket switches to UltramlUltracet.
Ortho McNeil's actions in
furtherance of this conspiracy included:
Making false statements to Omnicarejront line pharmacy personnel as to the reason for
Ortho McNeil made false representations
to Omnicare pharmacy through "kickoff' and
designed to maximize the wholesale switching, and through making for technical consultations. These false representations included:
That the switch to UltramlUltracet was financially advantageous to the
government and private insurers, when this was almost never the case.
That Ultram/Ultracet was clinically the most appropriate pain medication, when
frequently this, too, was not the case.
Makingfalse statements to physicians as to the reasonsfor the switching. Ortho McNeil made its marketing personnel available at Omnicare-serviced nursing homes to work with Omnicare consultant phan11acists to convince physicians to sign PALs authorizing wholesale switches.
Requiring Omnicare to develop computerized electronic capability to accurately track levels ofparticipation in the illegal PAL solicitation program by site and by prescribing clinician.
Rewarding Omnicare for the proportion of patients switched to UltramlUltracet via illegal switching payments based in part on the success of the switching scheme.
Failing to disclose kickbacks and other financial interests to physicians in helping
Omnicare solicit PALs. providing kickbacks to "preferred" medications.
Ortho McNeil did not disclose Omnicare for switching certain
to physicians that it was types of medications to