The Florida Attorney General's Office has secured over $2.3 million from Pfizer Inc., on behalf of its subsidiary Biohaven Pharmaceutical Holding Company Ltd., in a multistate action. This settlement addresses allegations that Biohaven submitted false claims to Medicaid by offering kickbacks to healthcare providers for prescribing Nurtec ODT, a migraine medication.
Acting Attorney General John Guard stated, “I’m incredibly proud of our Medicaid Fraud Control Unit for leading the way in holding Biohaven accountable. Actions, like those alleged here, must be stopped to prevent health care fraud.”
The allegations claim that Biohaven paid providers significant sums to present at speaker programs aimed at promoting Nurtec prescriptions among Medicaid and other federal beneficiaries, violating the Anti-Kickback Statute. These programs were reportedly attended by individuals without educational needs and included costly meals and drinks funded by Biohaven.
A team from the National Association of Medicaid Fraud Control Units (NAMFCU), led by Florida OAG MFCU Attorney Rebecca Sirkle, conducted investigations alongside the U.S. Department of Justice and the U.S. Attorney’s Office for the Western District of New York.
As part of this resolution, Pfizer will pay substantial amounts collectively to Florida, the U.S., Puerto Rico, and 37 other states under lawsuits filed by a whistleblower through the False Claims Act's qui tam provisions. The case is identified as United States et al. ex rel. Frattasio v. Biohaven Pharmaceuticals Holding Company Ltd., Case No. 6:21-CV-06539.
The Florida Attorney General’s Medicaid Fraud Control Unit focuses on investigating fraudulent billing practices within the state's Medicaid program and addressing patient abuse or neglect in facilities receiving Medicaid payments.
Funding for Florida's MFCU comes from a grant totaling $30,510,157 for Federal Fiscal Year 2025 from the U.S. Department of Health and Human Services-Office of Inspector General, with federal contributions covering 75% and state matching funds providing 25%.