Ex-Omnicare Worker Says Techs OK'd Prescriptions In FCA Suit

Law360, New York (October 22, 2012, 5:09 PM EDT) -- Nursing home pharmacy company Omnicare Inc. violated Medicare guidelines and breached the False Claims Act by allowing unlicensed pharmacy technicians to verify the accuracy of prescriptions, according to a lawsuit unsealed Friday in Florida federal court.

The complaint, filed last year by former Omnicare pharmacist Lesa Martino Whalen, says Florida law bars technicians from dispensing prescriptions and only properly dispensed drugs can be reimbursed under Medicare, but that the company nevertheless received government payment for medications double-checked by technicians.

According to the complaint, Omnicare used an...
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Case Information

Case Title

Whalen v. Omnicare, Inc.

Case Number



Florida Middle

Nature of Suit

Other Statutory Actions


Steven D. Merryday

Date Filed

October 11, 2011

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