Omnicare

Last updated
Omnicare, Inc.
Type Subsidiary
Industry Pharmacy
FoundedApril 1981;42 years ago (1981-04)
Headquarters,
USA
Parent CVS Health
Website http://www.omnicare.com/
The New York Stock Exchange Building on September 1, 2011 with an Omnicare banner marking the 30th anniversary of the company's public listing. Omnicare NYSE 2011 Shankbone.jpg
The New York Stock Exchange Building on September 1, 2011 with an Omnicare banner marking the 30th anniversary of the company's public listing.

Omnicare is an American company working in the health-care industry. It was established in April 1981 as a spinoff of healthcare businesses from Chemed and W. R. Grace and Company. It is currently a pharmacy specializing in nursing homes. [1] In 2015, Omnicare was acquired by CVS Health. [2]

Contents

Controversy

In 2012, the Federal Trade Commission (FTC) sued Omnicare to block its hostile takeover of its rival PharMerica under federal anti-trust law. The FTC alleged that the acquisition would boost drug costs and inflate Medicare expenditures by consolidating the industry and reducing price competition. [3] PharMerica owned 97 long-term-care pharmacies, while Omnicare owned approximately 200. The merger would have given Omnicare a 57% market share versus two percent for its nearest, non-PharMerica rival. [4] Because of the FTC opposition, the takeover was terminated.

In November 2009, Omnicare paid US$ 98,000,000 to the federal government to settle five "qui tam" (whistleblower) lawsuits and government charges that the company had paid or solicited a variety of kickbacks. [5] The company admitted no wrongdoing. [6] The charges included allegations that Omnicare solicited and received kickbacks from a pharmaceutical manufacturer Johnson & Johnson, in exchange for agreeing to recommend that physicians prescribe Risperdal, a Johnson & Johnson antipsychotic drug, to nursing home patients.[ citation needed ]

Starting in 2006, healthcare entrepreneur Adam B. Resnick sued Omnicare, a major supplier of drugs to nursing homes, under the False Claims Act, as well as the parties to the company's illegal kickback schemes. Omnicare allegedly paid kickbacks to nursing home operators to secure business, which constitutes Medicare and Medicaid fraud. Omnicare allegedly had paid $50 million to the owners (Leonard Grunstein and Rubin Schron) of the Mariner Health Care Inc. and SavaSeniorCare Administrative Services LLC nursing home chains in exchange for the right to continue providing pharmacy services to the nursing homes. [7]

In 2010, Omnicare settled Resnick's False Claims Act suit that had been taken up by the U.S. Department of Justice by paying $19.8 million to the federal government, while Mariner and SavaSeniorCare settled for $14 million. [8] [9]

A second whistleblower lawsuit filed against Omnicare by Resnick and Total Pharmacy Services V.P. Maureen Nehls related to kickbacks that had been part of its 2004 acquisition of Total Pharmacy Services was settled (circa 2013) for $17.2 million by Omnicare and $5 million by the Total Pharmacy owners. Reportedly Omnicare was set to acquire JobMinglr.com for an undisclosed sum. [10]

Notes

  1. Timeline: Omnicare 'a mess in spite of itself'
  2. "CVS Health Corp, Form 8-K". EDGAR. August 18, 2015. Retrieved October 20, 2016.
  3. "FTC Sues to Block Omnicare's Bid to Buy Rival Pharmacy Provider PharMerica; Deal Would Lead to Higher Costs for Medicare Patients and Taxpayers, Agency Alleges" (Press release). Katz, Mitchell J. (media contact). Federal Trade Commission. 27 January 2012. FTC File No. 111-0239. Retrieved 12 September 2013.{{cite press release}}: CS1 maint: others (link)
  4. Staff (2 February 2012). "FTC blocks Omnicare acquisition of PharMerica". Drug Topics. New Jersey, USA: UMB Advanstar. Retrieved 12 September 2013.
  5. "Nation's largest nursing home pharmacy and drug manufacturer to pay $112 million to settle false claims act cases" (Press release). United States Department of Justice. 3 November 2009.
  6. Hilzenrath, David S. (16 January 2010). "Justice suit accuses Johnson & Johnson of paying kickbacks". Wash. Post . Retrieved 17 January 2010.
  7. U.S. Department of Justice (March 4, 2009). "Complaint of the United States in the District Court of Massachusetts CA No. 06-10149 RGS" (PDF).
  8. Ameet, Sachdev. "Scheme's victims Scheme's victims seeking restitution FDIC could get most of payment; FDIC could get most of payment". Chicago Tribune. Retrieved 12 September 2013.
  9. "Prominent New York City Real Estate Investor, Attorney and Atlanta Nursing Home Chains Pay $14 Million to Settle Whistleblower Kickback Case" (Press release). PR Newswire. Retrieved 12 September 2013.
  10. Jackson, David & Gary Marx (6 August 2013). "Nursing home execs agree to pay $5 million to settle suit". Chicago Tribune. Archived from the original on August 10, 2013. Retrieved 12 September 2013.

Related Research Articles

<span class="mw-page-title-main">False Claims Act</span>

The False Claims Act (FCA), also called the "Lincoln Law", is an American federal law that imposes liability on persons and companies who defraud governmental programs. It is the federal government's primary litigation tool in combating fraud against the government. The law includes a qui tam provision that allows people who are not affiliated with the government, called "relators" under the law, to file actions on behalf of the government. This is informally called "whistleblowing", especially when the relator is employed by the organization accused in the suit. Persons filing actions under the Act stand to receive a portion of any recovered damages.

<span class="mw-page-title-main">CVS Pharmacy</span> U.S. pharmacy chain

CVS Pharmacy, Inc. is an American retail corporation. A subsidiary of CVS Health, it is headquartered in Woonsocket, Rhode Island. It was also known as, and originally named, the Consumer Value Store and was founded in Lowell, Massachusetts, in 1963.

Walgreens is an American company that operates the second-largest pharmacy store chain in the United States, behind CVS Health. It specializes in filling prescriptions, health and wellness products, health information, and photo services. It was founded in Chicago in 1901, and is headquartered in the Chicago suburb of Deerfield, Illinois.. On December 31, 2014, Walgreens and Switzerland-based Alliance Boots merged to form a new holding company, Walgreens Boots Alliance. Walgreens became a subsidiary of the new company, which retained its Deerfield headquarters and trades on the Nasdaq under the symbol WBA. The company was found by a federal jury to have "substantially contributed to" the opioid crisis.

AmerisourceBergen Corporation is an American drug wholesale company that was formed by the merger of Bergen Brunswig and AmeriSource in 2001. They provide drug distribution and consulting related to medical business operations and patient services. They also distribute a line of brand name and generic pharmaceuticals, over-the-counter (OTC) health care products and home health care supplies and equipment to health care providers throughout the United States, including acute care hospitals and health systems, independent and chain retail pharmacies, mail-order facilities, physicians, clinics and other alternate site facilities, as well as nursing and assisted living centers. They also provide pharmaceuticals and pharmacy services to long-term care, workers' compensation and specialty drug patients.

<span class="mw-page-title-main">Tenet Healthcare</span> American healthcare company

Tenet Healthcare Corporation is a for-profit multinational healthcare services company based in Dallas, Texas, United States. Through its brands, subsidiaries, joint ventures, and partnerships, including United Surgical Partners International (USPI), the company operates 65 hospitals and over 450 healthcare facilities. Tenet also operates Conifer Health Solutions, which provides healthcare support services to health systems and other clients.

CVS Caremark is the prescription benefit management subsidiary of CVS Health, headquartered in Woonsocket, Rhode Island.

In the United States, a pharmacy benefit manager (PBM) is a third-party administrator of prescription drug programs for commercial health plans, self-insured employer plans, Medicare Part D plans, the Federal Employees Health Benefits Program, and state government employee plans. According to the American Pharmacists Association, "PBMs are primarily responsible for developing and maintaining the formulary, contracting with pharmacies, negotiating discounts and rebates with drug manufacturers, and processing and paying prescription drug claims." PBMs operate inside of integrated healthcare systems, as part of retail pharmacies, and as part of insurance companies.

PharMerica is a Fortune 1000 company formed in January 2007 from the merger of Kindred Healthcare's pharmacy business with a subsidiary of AmerisourceBergen.

CVS Health Corporation is an American healthcare company that owns CVS Pharmacy, a retail pharmacy chain; CVS Caremark, a pharmacy benefits manager; and Aetna, a health insurance provider, among many other brands. The company is the world's largest healthcare company, and its headquarters are in Woonsocket, Rhode Island.

Prem N. Reddy is a cardiologist and an owner of Prime Healthcare Services, Inc., which owns 45 hospitals.

In the United States, Medicare fraud is the claiming of Medicare health care reimbursement to which the claimant is not entitled. There are many different types of Medicare fraud, all of which have the same goal: to collect money from the Medicare program illegitimately.

James Hoyer, P.A. is a Tampa, Florida-based law firm that focuses on whistleblower cases as well as consumer class action lawsuits. In 2015, the firm was named Whistleblower Lawyers of the Year by the Taxpayers Against Fraud Education Fund. The firm was founded in 1992 by former State Attorney for Hillsborough County Bill James, former federal prosecutors, and retired FBI agents. Since its founding, James Hoyer has helped return more than $3 billion to consumers and taxpayers who were victims of fraud. The St. Petersburg Times once called James Hoyer one of Tampa's most successful law firms.

Adam B. Resnick is an American health care entrepreneur, public speaker, author, and professional whistleblower. His 2007 book, Bust: How I Gambled and Lost a Fortune, Brought Down a Bank-and Lived to Pay for It, is an autobiography describing his early addiction to gambling and how he, in a bank fraud conspiracy, contributed to the 2002 failure of Universal Federal Savings Bank in Chicago, Illinois. Resnick was convicted for his role in the fraud and served 19 months in federal prison. His life story has been discussed as the subject for a motion picture, documentary or television mini-series.

Shasta Regional Medical Center, formerly known as Redding Medical Center and Memorial Hospital, is a general acute care hospital that is located in Redding, California. It opened in 1945 and currently has 226 beds with a basic emergency department.

Health care fraud includes "snake oil" marketing, health insurance fraud, drug fraud, and medical fraud. Health insurance fraud occurs when a company or an individual defrauds an insurer or government health care program, such as Medicare or equivalent State programs. The manner in which this is done varies, and persons engaging in fraud are always seeking new ways to circumvent the law. Damages from fraud can be recovered by use of the False Claims Act, most commonly under the qui tam provisions which rewards an individual for being a "whistleblower", or relator (law).

Pharmaceutical fraud involves activities that result in false claims to insurers or programs such as Medicare in the United States or equivalent state programs for financial gain to a pharmaceutical company. There are several different schemes used to defraud the health care system which are particular to the pharmaceutical industry. These include: Good Manufacturing Practice (GMP) Violations, Off Label Marketing, Best Price Fraud, CME Fraud, Medicaid Price Reporting, and Manufactured Compound Drugs. Examples of fraud cases include the GlaxoSmithKline $3 billion settlement, Pfizer $2.3 billion settlement, and Merck $650 million settlement. Damages from fraud can be recovered by use of the False Claims Act, most commonly under the qui tam provisions which rewards an individual for being a "whistleblower", or relator (law).

<span class="mw-page-title-main">DaVita Inc.</span> American dialysis provider

DaVita Inc. provides kidney dialysis services through a network of 2,816 outpatient dialysis centers in the United States, serving 204,200 patients, and 321 outpatient dialysis centers in 10 other countries serving 3,200 patients. The company primarily treats end-stage renal disease (ESRD), which requires patients to undergo dialysis 3 times per week for the rest of their lives unless they receive a donor kidney. The company has a 37% market share in the U.S. dialysis market. It is organized in Delaware and based in Denver.

<span class="mw-page-title-main">PillPack</span> American online pharmacy

PillPack, Inc. is an American online pharmacy which is a subsidiary of Amazon.com. It is based in Manchester, New Hampshire, United States. The company was founded in 2013.