THE DEFENDANT MANUFACTURERS ARE ALSO IN VIOLATION OF THE "REVERSE FALSE CLAIMS" PROVISIONS OF THE FEDERAL AND STATE FALSE CLAIMS ACTS
THE DEFENDANT MANUFACTURERS INTENTIONALLY MISREPORTED THE BEST PRICE FOR THE PREFERRED MEDICATIONS By CONCEALING THE OFF-INVOICE PRICE CUTS PROVIDED TO OMNICARE
At all relevant times, the Defendant Manufacturers employed a range of strategies
to gain and maintain the lion's share of drugs sold by Omnicare to Medicaid beneficiaries within
their "preferred" medications' respective therapeutic classes.
by overstatement, the
lowest price ("best price") paid by Omnicare for their preferred medications in their mandatory
quarterly and annual reports submitted to the government, thereby intentionally misleading the
government agencies to believe Medicaid, FSS, and PHS/340b entites were receiving their
appropriate rebates and contract prices. Omnicare was in reality receiving a lower "best price"
than the price reported by the Defendant Manufacturers.
At all relevant times, the Defendant Manufacturers knew and understood that the
net prices charged to Omnicare (the actual cost of the medications to Omnicare after the illegal
rebates) and other such private sector long-tenn care facilities were expressly required to be
included in the determination of "best price."
accurate best price
reports to the eMS on a quarterly basis since their Market Share Agreements with Omnicare
government were materially false in that they purposefully excluded the net prices charged to
Omnicare for the Defendant Manufacturers' "preferred" medications.
Defendant Manufacturers are required by law to use their best price calculations