Tuesday, November 2, 2010

Our Buddy Sues For Medicaid Fraud In Child Welfare

Work with me here.


Why is it only a handful of States Medicaid Fraud Control Units are doing anything about the egregious practices of these pharmaceutical companies.  I mean, they pocket the spread in the pricing of these drugs.  They concoct serious marketing schemes to push unapproved FDA drugs to kids with serious side effects, they budget the DOJ settlement payments into the next fiscal quarter profit margins by raising the costs, and all you see is a group of States crying the blues about coming into compliance with federal regulations.


Buddy obtained a jury verdict in the amount of $257,679,500 against Janssen Pharmaceutica, Inc. and its parent company Johnson & Johnson for violating the state’s Medical Assistance Programs Integrity Law (MAPIL).  The jury found that in 2003 & 2004 Jansen and J & J made misrepresentations minimizing its drug Risperdal’s link to diabetes in order to obtain funds from the Medicaid program.  


Buddy Caldwell
Risperdal is a darling of the foster care industry for drugging children and there have been no studies on the rates of diabetes of children in state care.  Yet, they still pump these kids with the drug, allowing the company to make a profit to recoup the loss of the jury verdict.


Louisiana Attorney General Buddy Caldwell has been one of the few champions for the silenced voices of children and their loved ones in the child welfare system to be heard.  Thank you for drowning out the rants of the imperialistic morality parade with out cries for transparency and accountability.


Thanks for being out Buddy, Buddy!  

Attorney General Caldwell Sues Drug Companies for Overcharging Louisiana Medicaid


Attorney General Buddy Caldwell filed suit in the 19th Judicial District against 18 drug companies, alleging they unlawfully inflated drug costs paid by Louisiana taxpayers through the Medicaid program.

The lawsuit alleges that the pharmaceutical companies deliberately misreported drug price information in order to increase reimbursements made by Louisiana’s Medicaid program. These reimbursements by the Louisiana Medicaid program are based on what is called Average Wholesale Prices (AWPs).

The Attorney General, on behalf of Louisiana taxpayers, alleges that the drug manufacturers deliberately reported false and inflated AWPs. “This is an egregious abuse of the Medicaid reimbursement system. We believe Louisiana has lost hundreds of millions of dollars as a result of these drug companies’ fraudulent pricing schemes,” Caldwell said.
Caldwell said the fraudulent pricing and marketing of prescriptions to the Medicaid program has impacted Louisiana taxpayers by causing Louisiana’s Medicaid program to grossly over-pay for prescriptions.

According to Louisiana’s lawsuit, the Louisiana Medicaid Program spent over $850 million for pharmaceutical drugs between 1991 through 2009. The lawsuit alleges that the price for a drug paid by the state, based on a fraudulently-reported Average Wholesale Price and other price indicators, often bears no relationship to the true price and can exceed 30% to 6000% of the true price.

The difference between the reimbursement amount and the acquisition cost is the “spread.” Caldwell explained that one of the reasons drug companies report false and inflated AWPs and other wholesale prices is to create a “spread” between the reimbursement amount Louisiana Medicaid pays (which is based on these reported prices) and the actual acquisition cost the pharmacy-provider pays to obtain the drug. 

Caldwell said that the federal government and 27 other states have brought similar lawsuits that have resulted in multiple million dollar verdicts and settlements.

Louisiana’s petition was filed on October 28, in the Nineteenth Judicial District Court. It accuses the defendants of violating the Louisiana Unfair Trade Practices and Consumer Protection Act, Louisiana’s Antitrust Statute, Louisiana’s Medical Assistance Programs Integrity law, fraud, negligent misrepresentation, and unjust enrichment. The suit seeks recovery of all overpayments with interest as well as damages, fines, penalties, costs and attorney fees.





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