Kathleen G. Kane - Pennsylvania Office of Attorney General - Protecting Pennsylvanians

Tuesday, March 4, 2014

Pa. Medicaid Program to receive $128,925 settlement in Omnicare Inc. illegal kickback case

HARRISBURG - Attorney General Kathleen G. Kane today announced Pennsylvania will receive $128,925 as part of a national, multi-state settlement kickback case involving the prescription drug Aranesp.

Pennsylvania, along with the federal government and several other states, alleged that for nearly two years between 2003 and 2005, Omnicare Inc. solicited and received kickbacks from Amgen Inc. in exchange for influencing health care providers' selection and utilization of Aranesp within long-term care settings, and for implementing "switching" programs intended to identify patients taking a competitor drug and switch them to Aranesp.

The purported kickbacks included discounts, market-share rebates, grants, honoraria, speaker fees, consulting services, dinners and travel or fees for the purchase of data.

As a result, the states allege, Omnicare Inc. knowingly caused false and/or fraudulent claims for Aranesp to be submitted to the Pennsylvania Medicaid Program.

Pennsylvania was represented by a national settlement team comprised of state attorneys and analysts from New York, Indiana and North Carolina, and working through the National Association of Medicaid Fraud Control Units.