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request reimbursements for preferred medications that had not been prescribed.

198.

Medicaid only pays for the prescribed drugs.

Any claim submitted or caused to

be submitted certifying entitlement to payment for a prescription drug dispensed without specific

physician authorization is a false claim.

199.

The

Defendant

Manufacturers,

In

concert with Omnicare, use PALs to

fraudulently obtain from the prescribing physicians blanket authority to switch prescriptions

from the originally prescribed medication to a medication that provides the Defendant

Manufacturers with the largest profit.

200.

Valid "consent" cannot be obtained through fraud. The Defendant Manufacturers,

through the payment of kickbacks, improperly induced Omnicare to fraudulently solicit PALs.

Omnicare's solicitations for PALs routinely provide false, misleading, and incomplete

information to physicians. Moreover, the Defendant Manufacturers work in concert with

Omnicare to develop business plans, provide "educational" sales materials, and provide further

pressure via onsite sales staff designed to maximize the number of switches that Omnicare can

obtain through the fraudulent PAL solicitation schemes.

201.

As is alleged in detail herein, when the Defendant Manufacturers and Omnicare

solicited PALs, the prescribing physicians were told that the preferred medications were more

etllcacious and that the switches would result in cost savings to the government health programs.

These statements were lies.

202.

In

fact,

the

Defendant

Manufacturers

and

Omnicare

had

no

medical

basis

for

soliciting autllorization for the switches. Defendant Manufacturers and Omnicare intentionally

and materially failed to tell the prescribing physicians that the switches were done to create a

larger profit for the Defendant Manufacturers and thereby generate a kickback to Omnicare.

56

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