By virtue of the
knowingly 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 indirectly, to officers, employees, or agents of the State of Georgia, for Levaquin,
UltramfUltracet, and other drugs.
As a result of the claims for reimbursement defendants caused to be submitted to
Georgia Medicaid, which were certified compliant with federal and state Medicaid law and
regulation as a condition of payment by co-conspirator pharmacies, Georgia regularly made
payments to pharmacies for Defendant Mmmfacturers' illegally switched drugs.
The amounts of the false or fraudulent claims to the State of Georgia were
Plaintiff State of Georgia, being unaware of the falsity of the claims and/or
statements caused to be made by the Defendant Manufacturers, and in relimlce on the accuracy
thereof paid and may continue to pay for the Defendant Mmmfacturers' improperly switched
termination with Omnicare.
COUNT XVI Conspiracy to Submit False Claims in Violation of the Georgia State False Medicaid Act Ga. Code 49-4-168 et seq. (Against All Defendants)
Plaintiffs reallege and incorporate by reference Paragraphs 1-261 set forth above.
By effectuating the PAL letter solicitation-for-kickback scheme detailed herein,
Bristol Myers and Omnicare conspired to defraud the State of Georgia by submitting false claims