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Failing to disclose kickbacks and other financial interests to physicians in helping Gmnicare solicit PALs. Each Defendant Manufacturer failed to disclose to physicians that it was providing kickbacks to Omnicare for switching certain types of medications to "preferred" medications.

Requiring Gmnicare to develop computerized electronic capability to accurately track levels ofparticipation in the illegal PAL solicitation program by site and by prescribing clinician.

  • o

    That its "preferred" medication was clinically the most appropriate drug within

the therapeutic class for every patient, when frequently this, too, was not the case.

to

Making false statements to physicians as to the reasons for the switching.

Each

Defendant

Manufacturer

made

its

marketing

personnel

available

at

Omnicare-serviced

physicians

convince

to

nursing homes to work with Omnicare consultant sign PALs authorizing wholesale switches.

pharmacists

  • Rewarding Gmnicare for the proportion ofpatients switched to its preferred medication via illegal switching payments based in patt on the success of the switching scheme.

    • 9.

      Defendant Manufacturers could not provide medications directly to the Medicaid

program or issue prescriptions for their medications. Instead, their unlawful conduct knowingly

caused Omnicare and other pharmacies to submit thousands of Medicaid claims for defendants'

medications that were not eligible for Medicaid reimbursement.

10.

The

Defendant

Manufacturers

knew

that

their

actions

In

conspmng with

Omnicare to illegally switch patients' medications would cause Omnicare to submit false claims

to the federal and state governments. Relator, in the name of the United States and other plaintiff

States as detailed herein, seeks to hold the Defendant Manufacturers liable for kuowingly

causing false claims to be presented for payment and for conspiring with Omnicare to present

false claims.

11.

FurthelIDore, Defendant Manufacturers, as a precondition for participating in the

Medicaid program, are obligated to report to the govermnent the lowest price they give any

customer for every medication. This is known as the "best price."

3

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