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constitutes a false claim upon the government caused by the Defendant Manufacturer.

250.

Each of the Defendant Manufacturers' intentional and fraudulent failures to report

accurate best price information meant that the prices charged the federal government for

medications paid for by Federal Supply Schedule entities were artificially high. Every FSS

entity invoice therefore constitutes a false claim upon the government caused by the Defendant

Manufacturer.

251.

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 fraud

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

set forth in §3729(a)(7) of the federal False Claims Act. Hence, each and every violation of

§3729(a)(7) of the Federal False Claims Act alleged herein likewise gives rise to actionable

claims under each of the Plaintiffs' States False Claims Acts, as aileged in Counts 5 through 40

of the Amended Complaint.

IX.

THE DEFENDANT MANUFACTURERS ARE IN VIOLATION OF THE ILLINOIS INSURANCE FRAUD CLAIMS PREVENTION ACT

252.

Through their Market

Share Agreements,

Defendant Manufacturers

encouraged

Omnicare to enter into contracts or other agreements with private insurers and self-insured

entities (collectively referred to hereinafter as "insurers"), under which Omnicare agreed to

provide health care services to insured members in the state of Illinois and the insurers agreed to

reimburse Omnicare for covered charges.

253.

Insurers

reimbursed

Omnicare

for

serVIces

usmg

a

contracted

kickback

on

covered

charges

for

each

insured

patient.

Insurers'

reimbursement

includes

the

cost

of

prescription drugs.

67

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