FSS pncmg submissions, and daily "batched" submissions that Omnicare made to the
government as requests for payment.
Accountability Act of 1996 ("HIPAA"), also restrict plaintiff relator's ability to obtain
information about specific prescriptions.
COUNT I False Claims Act 31 U.S.c. §3729 (a)(l) (Against All Defendants)
Plaintiffs reallege and incorporate by reference each and every of the foregoing
paragraphs as if fully set forth herein.
This Count is brought by Lisitza in the name of the United States under the qui
tam provisions of 31 U.S.C. §3730 for the Defendant Manufacturers' violations of 31 U.S.c.
Manufacturers Bristol Myers, Ortho McNeil, Janssen, and Pfizer knowingly caused false claims
for payment or approval that they knew to be ineligible for reimbursement, to be presented to
officers and employees of the federal and state governments. As a result, the government paid
the false claims submitted for the Defendant Manufacturers' drugs by Omnicare and other
Medicaid provider pharmacies, resulting in great financial loss to the federal and state
By virtue of the
caused to be presented false or fraudulent claims for payment or approval, and possibly
continues to cause to be submitted false or fraudulent claims for payment or approval, directly or