False Claims Act Expertise
Thomas M. Greene recently testified before Congress on the False Claims Act, drawing on two decades of experience.
Types of Fraud
Many government programs have been subject to fraud, particularly in the health care and defense industries.
How to Choose an Attorney
What questions should you ask a False Claims Act attorney before making a decision?

Kickbacks

Pharmaceutical companies commonly employ a host of illegal practices to encourage doctors to prescribe their drugs.  Kickbacks may take the following forms and are all illegal under the False Claims Act:

  • Offering doctors “research” or “educational” grants to prescribe their drug
  • Encouraging doctors to seek Medicaid reimbursement for free drug samples
  • Paying doctors for prescribing or switching to their drugs
  • Rewarding high-volume prescribers
  • Providing tickets to sporting events, other forms of entertainment, and golf outings to encourage or reward prescriptions
Example

Based on a whistleblower’s information, the United States sued Omnicare Inc., a nursing home specialty pharmacy company, for illegal kickbacks received from drug manufacturing companies and paid to nursing homes.  The U.S. government alleged that Omnicare received kickbacks from Johnson & Johnson and agreed to recommend their drugs to nursing home patients.  Omnicare disguised the kickbacks as data purchase fees, educational grants, and fees to attend Omnicare meetings.  Additionally, Omnicare paid kickbacks to nursing homes which agreed to refer their patients to Omnicare.  Omnicare provided pharmacist consulting services to the nursing homes for well under fair market value in exchange for the nursing homes’ promise to refer patients.  The case was settled for $98 million, with $68.5 million going to the federal government and $43.5 million going to state Medicaid programs.

 

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