Omnicare on a graduated basis. In exchange, Omnicare caused prescriptions to be switched to,
filled with, and refilled with the "preferred" medications. Specifically, the kickbacks were based
on the percentage of market share Omnicare achieved through its wholesale switching of
prescriptions within each drug class. The larger the percentage of the market share achieved, the
higher the kickback. Thus, the precise amount of the money to be paid to Omnicare was not
known at the time the parties entered into the Market Share Agreement.
there was a kickbacks-for-switches scheme in place. Omnicill'e rarely did wholesale switches
within a therapeutic drug class in the absence of a Market Share Agreement.
market share, and all of the conspirators knew that the government would pay for the
improperly-provided "preferred" medications. It was the direct, intended, and foreseeable result
of the Defendant Manufacturers' kickback payments that Omnicare would submit claims to the
government for "preferred" medications. Each of the "preferred" medications Omnicare
dispensed to Medicaid bendiciaries under the Market Share Agreements was procured in
violation of the AKS.
Compliance with the AKS, as well as all other relevant laws ill1d regulations, is a
condition precedent for a Medicaid service provider to lawfully seek reimbursement from the
ineligible for government reimbursement.
Defendant Manufacturers violated 42 U.S.C. §§1320(a)-7(a) and 7(b) when they
willfully entered into a conspiracy/kickback scheme and paid kickbacks in exchange for