constitutes a false claim upon the government caused by the Defendant Manufacturer.
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
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.
THE DEFENDANT MANUFACTURERS ARE IN VIOLATION OF THE ILLINOIS INSURANCE FRAUD CLAIMS PREVENTION ACT
Through their Market
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.