Manufacturers knew and intended that "preferred" medication prescriptions for long-term care
facility residents serviced by Omnicare would be submitted as false claims by Omnicare and
reimbursed by Medicaid or other government programs.
claims the Defendant Manufacturers are also liable under 31 U.S.C. §3729(a)(3).
fraudulent conduct, had one intended purpose and result - increasing sales - and therefore claims
for their "prefelTed" drugs instead of cheaper alternatives were submitted for payment from the
The Plaintiff States have enacted their own False Claims Acts, modeled after
these provisions of Federal False Claims Act as the federal False Claims Act applies to fi'aud
against the federal government, and, therefore, does not cover the States' share of Medicaid
spending. The Plaintiff States' False Claims Acts contain language that mirrors the prohibitions
Whistleblower Reward and Protection Act, §3(a)(l), (2), and (3); Virginia Fraud Against
Taxpayers Act, §8.01-216.3 A(l), (2), and (3); Indiana False Claims and Whistleblower
Protection, §5-ll-5.5-2B (7) and (8); Nevada Submission of False Claims to State or Local
Government, §357.040 (l)(a), (b) and (c). Hence, each and every violation of the Federal False
Claims Act alleged herein likewise give rise to actionable claims under each of the Plaintiffs'
States False Claims Acts, as alleged in detail in the Counts below.