Attorney General Lynn Fitch announced that Mississippi has joined 37 other States and Puerto Rico in settling kick back allegations against Biohaven Pharmaceutical Holding Company Ltd., asubsidiary wholly owned by pharmaceutical company Pfizer, Inc.. Pfizer has agreed to pay, on behalf of Biohaven, $59,746,277.54, plus interest, to resolveallegations that Biohaven knowingly submitted or caused to be submitted falseclaims to the Medicaid program and other federal healthcare programs bypaying kickbacks to health care providers in the form of cash, lavish meals, andhonoraria payments to induce them to prescribe Biohaven’s product, NurtecODT, a prescription medication for the treatment of migraine headaches.
“Taxpayers who fund Medicaid should be able to count on the program’ssoundness," said Attorney General Lynn Fitch. “And its beneficiaries should be able to depend on honest and fair medical advice from theirhealthcare providers. My office is dedicated to protecting the integrity of theMedicaid program and ensuring that Mississippians receive the services theyneed."The settlement resolves allegations that from March 1, 2020 throughSeptember 30, 2022, Biohaven paid kickbacks to providers to present atspeaker programs to induce them to prescribe Nurtec for Medicaid and otherfederal healthcare beneficiaries, in violation of the Anti-Kickback Statute (AKS),42 U.S.C. § 1320a- 7b(b). Biohaven paid some providers tens of thousands ofdollars, and as much as a hundred thousand dollars, for these speaker programs. In numerous instances, speaker programs were alsoattended by individuals such as the speaker’s spouse, family members andfriends, who had no educational need to attend.
Also, certain providers whoattended multiple programs on the same topic, and received expensive meals and drinks paid for by Biohaven, received no educational benefit fromattending these programs. As part of the settlement, the State of Mississippi will receive $162,204.59 inrestitution and other recoveries. The case against Biohaven was initiated by awhistleblower, Patricia Frattasio, a former employee of Biohaven. The allegations were investigated in conjunction with the U.S. Department ofJustice and the United States Attorney’s Office in New York, and the case wasfiled in the U.S. District Court for the Western District of New York.
The Mississippi Attorney General’s Office Medicaid Fraud Unit receives 75percent of its funding from the U.S. Department of Health and Human Servicesunder a grant totaling $4,001,713.00 for Federal fiscal year 2025. Theremaining 25 percent, totaling $1,333,904.00, is funded by the State ofMississippi.
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