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Drugmaker settlement nets state $793K

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Indiana will collect $793,000 in reimbursement to the Medicaid program as part of a nationwide settlement of claims that the pharmaceutical company Amgen Inc. illegally marketed drugs, offered doctors kickbacks and submitted ineligible claims for payment.

The Indiana settlement is carved from a $612 million settlement Amgen reached with other states and the federal government to resolve 10 whistleblower suits claiming the company was defrauding Medicaid and Medicare along with other health care programs, according to a statement Wednesday from Indiana Attorney General Greg Zoeller.

Whistleblower suits that were settled alleged that Amgen:

  • Illegally marketed its prescription drugs Aranesp, Enbrel and Neulasta to physicians to prescribe them for uses not approved by the U.S. Food and Drug Administration;
  • Offered and paid doctors illegal kickbacks to prescribe Aranesp, Enbrel, Epogen, Neulasta, Neupogen and Sensibar to Medicaid recipients; and
  • Caused ineligible claims for its drugs to be paid by Medicare and Medicaid. Among other things, Amgen submitted inaccurate price data for its prescription drugs to Medicaid, resulting in ineligible reimbursement.

Amgen also agreed to plead guilty to a criminal charge of drug misbranding, the statement said.

Whistleblower statutes in Indiana and most other states allow those who initiate complaints of criminal wrongdoing involving public funds to share a percentage of the total recovered. “More importantly, the fraud is stopped and the program is reimbursed by the provider for tax dollars wrongly paid out,” Zoeller said

The Medicaid Fraud Control Unit of Zoeller’s office served on the settlement team with five other states that negotiated the agreement with Amgen, according to the statement.

Zoeller and deputy attorneys general from the Medicaid Fraud Control Unit have given presentations to health care workers to familiarize them with their legal rights as whistleblowers under Indiana’s False Claims Act.

Fraud against the Medicaid program can be reported to the attorney general’s office at 800-382-1039.

Read more about the work agencies are doing to prevent and address Medicaid and Medicare fraud in the Jan. 2, 2013, issue of Indiana Lawyer.

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  1. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  2. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  3. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

  4. Well, I agree with you that the people need to wake up and see what our judges and politicians have done to our rights and freedoms. This DNA loophole in the statute of limitations is clearly unconstitutional. Why should dna evidence be treated different than video tape evidence for example. So if you commit a crime and they catch you on tape or if you confess or leave prints behind: they only have five years to bring their case. However, if dna identifies someone they can still bring a case even fifty-years later. where is the common sense and reason. Members of congress are corrupt fools. They should all be kicked out of office and replaced by people who respect the constitution.

  5. If the AG could pick and choose which state statutes he defended from Constitutional challenge, wouldn't that make him more powerful than the Guv and General Assembly? In other words, the AG should have no choice in defending laws. He should defend all of them. If its a bad law, blame the General Assembly who presumably passed it with a majority (not the government lawyer). Also, why has there been no write up on the actual legislators who passed the law defining marriage? For all the fuss Democrats have made, it would be interesting to know if some Democrats voted in favor of it (or if some Republican's voted against it). Have a nice day.

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