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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. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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