Zoeller: Indiana to get $6.3 million in drug-maker settlement

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Indiana will receive more than $6.3 million as part of a national Medicaid fraud settlement with drug-maker GlaxoSmithKline, Attorney General Greg Zoeller said in a statement Monday.

The $2 billion national settlement is the largest recovery in a healthcare fraud investigation in U.S. history, according to the AG’s office. The civil settlement stems from allegations that GSK wrongly billed the state’s Medicaid program for ineligible claims and for illegal drug marketing practices brought to light by four whistle-blower lawsuits filed under the False Claims Act.

Zoeller said the settlement “sends a powerful message that state governments and our federal partners will not tolerate overbilling and wrongful billing of Medicaid.”

In addition to the civil settlement, GSK agreed to plead guilty and pay a $1 billion fine to settle federal criminal charges that it violated the federal Food, Drug, and Cosmetic Act. The charges alleged GSK introduced Wellbutrin and Paxil into interstate commerce when the drugs were misbranded, meaning they contained labels not in accordance with their Food and Drug Administration approvals, and that GSK failed to report certain clinical data regarding Avandia to the FDA, the AG’s office said.

The whistle-blower suits that resulted in the civil settlement alleged GSK illegally used “off-label” marketing of its antidepressants Paxil and Wellbutrin, the respiratory drug Advair, the anti-seizure drug Lamictal and the anti-nausea drug Zofran to induce physicians to prescribe them for uses not approved by the FDA, according to the AG’s office.

The suits also alleged GSK offered illegal kickbacks for promoting and prescribing those drugs as well as four other GSK products – Imitrex, Lotronex, Flovent and Valtrex.

The settlement also resolves allegations that GSK failed to comply with federal “best price” requirements for drug reimbursements by underpaying rebates to state Medicaid programs, according to the AG’s office. GSK agreed to pay $300 million in the national settlement, from which Indiana Medicaid will receive $1.22 million.

Money the state recovers through the civil settlement will go back into the Indiana Medicaid program and pay for investigations of other providers. Zoeller said whistle-blowers are entitled to about $245,000 of Indiana’s portion of the recovery and a portion of the national award not yet calculated.



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  1. Great observation Smith. By my lights, speaking personally, they already have. They counted my religious perspective in a pro-life context as a symptom of mental illness and then violated all semblance of due process to banish me for life from the Indiana bar. The headline reveals the truth of the Hoosier elite's animus. Details here: Denied 2016 petition for cert (this time around): (“2016Pet”) Amicus brief 2016: (“2016Amici”) As many may recall, I was banned for five years for failing to "repent" of my religious views on life and the law when a bar examiner demanded it of me, resulting in a time out to reconsider my "clinging." The time out did not work, so now I am banned for life. Here is the five year time out order: Denied 2010 petition for cert (from the 2009 denial and five year banishment): (“2010Pet”) Read this quickly if you are going to read it, the elites will likely demand it be pulled down or pile comments on to bury it. (As they have buried me.)

  2. if the proabortion zealots and intolerant secularist anti-religious bigots keep on shutting down every hint of religious observance in american society, or attacking every ounce of respect that the state may have left for it, they may just break off their teeth.

  3. "drug dealers and traffickers need to be locked up". "we cannot afford just to continue to build prisons". "drug abuse is strangling many families and communities". "establishing more treatment and prevention programs will also be priorities". Seems to be what politicians have been saying for at least three decades now. If these are the most original thoughts these two have on the issues of drug trafficking and drug abuse, then we're no closer to solving the problem than we were back in the 90s when crack cocaine was the epidemic. We really need to begin demanding more original thought from those we elect to office. We also need to begin to accept that each of us is part of the solution to a problem that government cannot solve.

  4. What is with the bias exclusion of the only candidate that made sense, Rex Bell? The Democrat and Republican Party have created this problem, why on earth would anyone believe they are able to fix it without pushing government into matters it doesn't belong?

  5. This is what happens when daddy hands over a business to his moron son and thinks that everything will be ok. this bankruptcy is nothing more than Gary pulling the strings to never pay the creditors that he and his son have ripped off. they are scum and they know it.