LARGEST INSTITUTIONAL PHARMACY TO PAY MASSHEALTH $475,000 OVER KICKBACK ALLEGATIONS

Medicaid Fraud Settlement Part of $28 Million Joint State-Federal Agreement

BOSTON– The largest institutional pharmacy in the nation will pay the Massachusetts Medicaid Program (Mass Health) more than $475,000 to resolve allegations that the company participated in a kickback arrangement and caused the submission of false claims to the state, Attorney General Maura Healey announced today. The payment is part of a $28 million joint state-federal agreement.

The agreement with Omnicare Inc. (Omnicare) settles claims that the pharmacy giant conspired with pharmaceutical drug manufacturer Abbott Laboratories (Abbott) to engage in a number of disguised kickback arrangements to increase overall use of Depakote, a prescription anticonvulsant drug used to treat epilepsy and bipolar disorder and to help prevent migraine headaches. Omnicare will pay a total of $476,216 to Mass Health under the settlement.“Omnicare’s illegal kickbacks came at the expense of seniors and vulnerable patients,” said AG Healey. “Corporations that reap illicit profits from Mass Health members and taxpayers will continue to be held accountable by my office.”

Omnicare Inc. was acquired by CVS Health Corporation in August 2015. It provides pharmaceuticals and related pharmacy services to elder care facilities and in other specialized health care settings. The states participating in this settlement contend that between January 2001 and December 2008, Omnicare knowingly solicited and received illegal payments from Abbott through agreements that required Omnicare to engage in certain promotional programs, grants, and other financial support. This alleged conduct resulted in false claims to Medicaid and other federally-funded health care programs.

Omnicare will pay the states and the federal government a total of $28.125 million in civil damages to compensate Medicaid, Medicare, and other federal healthcare programs for harm suffered as a result of the alleged conduct. This settlement is based on two whistleblower cases that were consolidated and are pending in the U.S. District Court for the Western District of Virginia. The cases were filed under federal and state false claims statutes. Assistant Attorney General Robert Patten of AG Healey’s Medicaid Fraud Division handled the settlement of this matter on behalf of the Commonwealth. The team appointed by the National Association of Medicaid Fraud Control Units to investigate this matter includes representatives from the Offices of the Attorneys General for the states of California, Illinois, Maryland, New York, Ohio, South Carolina and Virginia.

MAYOR WALSH ANNOUNCES RECIPIENTS OF EDWARD INGERSOLL BROWNE TRUST FUND GRANTS

BOSTON - Thursday, October 6, 2016 - Mayor Martin J. Walsh today announced the recipients of the Edward Ingersoll Browne Trust Fund Grants. Pending the approval of the Boston City Council, a total of $856,257 will be distributed among eight projects, designed to enhance and improve public spaces through restoration and public art.

"Edward Ingersoll Browne left an invaluable legacy to the City of Boston, creating a fund that ensures our public spaces remain places of inspiration," said Mayor Walsh. "The grants announced today will help to enhance local neighborhoods, schools and communities, ensuring art remains accessible to all." The approved proposals are as follows:

The Friends of Doherty Park will receive $69,500 for the restoration of the Doherty Park Fountain in Charlestown.

The Mather Parent Council and Boston Public Schools will receive $140,000 for the Communing at Mather School Site Improvement. The grant will cover the construction of a welcoming new gateway to the Mather School in Dorchester, with a granite seating and planting of heirloom apple trees.

Historic Boston Incorporated will receive $150,000 for the Fowler Clark Epstein Farm restoration. Efforts will include landscape enhancement and historic preservation at the Fowler Clark Epstein Farm in Mattapan.

The Old North Foundation of Boston will receive a grant of $46,350 for the Old North Church and Foundation / Longfellow Gardens. The grant will cover the design development of a display of the iconic Longfellow poem combined with a water feature in the North End.

The Manning School Outdoor Exploration Committee will receive a grant of $117,407 for the Joseph P. Manning Elementary School in Jamaica Plain. The grant will cover improvements to the schoolyard, including the creation of a front porch and entry plaza plus a sculpture. The new entrance to the school will serve as a gathering place for students and parts.

The Washington Gateway Main Street Association will receive a grant of $28,500 for Ride Along Washington, a proposal to design, build and install eight bike racks along Washington Street in Roxbury.

The Friends of Frederick Douglass received a grant of $250,000 for the construction of a memorial to Frederick Douglass The project will be sited at 998 Tremont Street in Roxbury.

Puerto Rican Veterans Memorial Association will receive a grant for $54,500 for the installation of an irrigation system and landscaping improvements

In 1892, Edward Ingersoll Browne, a successful Boston attorney with a strong sense of civic pride and public spirit, wrote his will directing that one-third of his estate be set aside in a special fund for the improvement of Boston's public spaces. Grants from Mr. Browne's bequest are utilized for the design, fabrication and installation of permanent works of public art in Boston.

AG HEALEY ANNOUNCES INTENT TO SUE U.S. FISH AND WILDLIFE OVER OWNERSHIP OF SUBMERGED LANDS OFF MONOMOY WILDLIFE REFUGE IN NANTUCKET SOUND

BOSTON Attorney General Maura Healey announced today that she has notified the United States Fish and Wildlife Service of her office’s intention to file a lawsuit against the federal government to confirm the state’s ownership of thousands of acres of submerged lands bordering the Monomoy National Wildlife Refuge (Monomoy) in Nantucket Sound.

For generations, the state has responsibly managed and regulated the submerged lands, the waters above them, and the related fisheries and resources for the benefit of both the natural resources and the public. The AG’s expected lawsuit will seek to restore that balance, which has been in place throughout Monomoy’s 72-plus year existence, but has been threatened by federal actions.

“Communities in Massachusetts have led the country in protecting marine ecosystems while supporting a modern and robust fishing and shell fishing industry,” AG Healey said. “After more than 70 years of uncontested ownership and maintenance of the submerged land and the waters above them in Nantucket Sound, we are taking this action to reaffirm our commitment to protect these valuable Cape habitats for future generations.”

On March 31, 2016, the federal government finalized a Comprehensive Conservation Plan and Environmental Impact Statement for Monomoy, where it claimed to own and control not only the 3,599 acres of land above the low water line that it has historically managed, but also an additional 4,005 acres of submerged land and the open waters in Nantucket Sound that is not part of the National Wildlife Refuge. The federal government’s claim appeared for the first time in 2014, following 72 years of undisputed stewardship and ownership of these lands by the state.

“I’m very happy that the Attorney General is moving forward to defend the state’s interest in the waters west of Monomoy Island,” said State Rep. Sarah Peake (D-Provincetown). “It is unconscionable to me that the federal Fish and Wildlife Agency, with the mere swipe of the pen, can usurp state and local interest in this area.”

In 1944, the federal government filed a declaration of taking in federal court to acquire approximately 3,000 acres of land to establish the Monomoy National Wildlife Refuge, but the court filing did not grant the federal government ownership of “submerged land” lying in Nantucket Sound which would have added an additional 5,934 acres. For most of Monomoy’s 72-year history, the U.S. Fish and Wildlife has viewed its boundary as the land above the low water line – which amounted to 3,599 acres as of the year 2000 – and left the regulation and management of the submerged lands and open waters – 4,005 acres as of the year 2000 – to the state and the Town of Chatham.

The AG’s Office filed extensive comments on the U.S. Fish and Wildlife Service’s draft Comprehensive Conservation Plan, along with its final plan,pressing its long-held view that the federal government did not acquire any of the submerged land in Nantucket Sound through its eminent domain action in 1944.

Todays’ announcement of AG Healey’s intent to file suit is the first litigation-related step in the process of resolving the issue of ownership over the land and bringing to an end the dispute over management of the area. Under the federal Quiet Title Act, a state seeking to challenge the federal government’s claimed ownership of land must notify the head of the federal agency with jurisdiction over the lands in question of the state’s intention to file suit at least 180-days prior to filing the suit. If the parties are unable to resolve the dispute during that period, the AG’s Office expects to file a lawsuit in the U.S District Court for the District of Massachusetts seeking to establish the state’s ownership of the submerged land in Nantucket Sound.

This matter is being handled by Assistant Attorney General and Senior Appellate Counsel Seth Schofield of AG Healey’s Energy and Environment Bureau.