TOPEKA – (October 11, 2011) – Kansas Attorney General Derek Schmidt today announced that Kansas has recovered more than $300,000 as part of nationwide settlements with three pharmaceutical companies that improperly charged Medicaid for off-label uses of anti-epilepsy drugs.
Two of the companies, Elan and Eisai, settled allegations that they improperly marketed the drug Zonegran for off-label purposes that were not eligible for Medicaid reimbursement. Kansas received $219,881.61 from Elan and $25,913.18 from Eisai. A third company, UCB, paid Kansas $54,645 to settle allegations that it improperly marketed the drug Keppra for off-label purposes.
All three settlements were part of broader national settlements regarding similar claims by numerous states and the federal government.
In all three cases, the governments alleged that the companies improperly marketed their drugs for uses not approved by the Food and Drug Administration and then unlawfully submitted reimbursement claims to state Medicaid programs and other federally funded health care programs. While the drugs were approved to treat symptoms of epilepsy, such as seizures, the companies allegedly marketed the drugs for unapproved uses such as treatment for neuropathic pain, obesity, headaches and a variety of psychiatric conditions.