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Florida Medicaid, which were certified compliant with federal and state Medicaid law and

regulation as a condition of payment by co-conspirator pharmacies, Florida regularly made

payments to pharmacies for Defendant Manufacturers' illegally switched drugs.

391.

The amounts of the false or fraudulent claims to the State of Florida were

material.

392.

Plaintiff State of Florida, being unaware of the falsity of the claims and/or

statements caused to be made by the Defendant Manufacturers, and in reliance on the accuracy

thereof paid and may continue to pay for the Defendant Manufacturers' "preferred" drugs. All

unlawful conduct described above may have continued after Lisitza's tennination with

Omnicare.

COUNT XIV Conspiracy to Submit False Claims in Violation of tbe 'Florida False Claims Act FI. Stat. §68.082(2)(C) (Against All Defendants)

  • 393.

    Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.

  • 394.

    By effectuating the PAL letter solicitation-for-kickback scheme detailed herein,

Bristol Myers and Omnicare conspired to defraud the State of Florida by submitting false claims

and causing the submission offalse claims for Monopril, Abilify, and other drugs.

395.

By effectuating a similar PAL letter solicitation-for-kickback scheme, Pfizer and

Omnicare conspired to defraud the State of Florida by submitting false claims and causing the

submission of false claims for Lipitor, Accupril and other drugs.

396.

By

effectuating

a

similar

PAL

letter

solicitation-for-kickback

scheme,

Ortho

McNeil and Omnicare conspired to defraud the State of Florida by submitting false claims and

causing the submission of false claims for Levaquin, Ultram/Ultracet, and other drugs.

92

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