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For Immediate Release:  
For Further Information:
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December 11, 2007  

Division of Criminal Justice
609-292-4791

Office of The Attorney General
- Anne Milgram, Attorney General
Division of Criminal Justice
- Gregory A. Paw, Director

Office of the Insurance Fraud Prosecutor
- Greta Gooden Brown, Insurance Fraud Prosecutor

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New Jersey to Receive Over $58,000 In Medicaid Fraud
Civil Settlement With Medicis Pharmaceutical Corp.

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TRENTON - Attorney General Anne Milgram and Criminal Justice Director Gregory A. Paw announced today that New Jersey will receive $58,848 in a Medicaid fraud civil settlement negotiated with Medicis Pharmaceutical Corp.

Medicis Pharmaceutical is a national corporation engaged in the distribution and sale of pharmaceuticals. It has agreed to pay $9.8 million nationally as part of a civil settlement to resolve civil fraud allegations that Medicis caused improper claims to be billed to Medicaid and other federally funded health insurance programs.

The improper billing occurred between 2001 and 2004. Medicis engaged in the unlawful off-label marketing of the drug Loprox. Medicis marketed Loprox to treat conditions for which the U.S. Food and Drug Administration (FDA) had not approved the drug’s use. Such conditions included diaper dermatitis and other related skin disorders in children under the age of 10.

Of the $9.8 million that Medicis has agree to pay to settle this matter nationally, the federal government will receive $5,390,000 and the total states’ share is $4,410,000. New Jersey’s total share is $58,848.41. This includes recovery for state Medicaid payments, restitution, and civil penalties.

“Every dollar lost to fraud or abuse is one less dollar available to help the most needy citizens of our state,” said Insurance Fraud Prosecutor Greta Gooden Brown. “The Office of the Insurance Fraud Prosecutor is committed to fighting healthcare fraud and returning much needed dollars to victims of insurance fraud including Medicaid, insurance companies and taxpayers.”

Criminal Justice Director Paw credited Assistant Attorney General John Krayniak of the Medicaid Fraud Control Unit for his efforts in this matter. He coordinated with the state team that negotiated this settlement along with representatives of the U.S. Department of Justice.

In addition to the monetary payment, Medicis has entered into a Corporate Integrity Agreement with the U.S. Department of Health and Human Services, Office of Inspector General. The company’s conduct will be monitored by the government under this agreement. The agreement can be found at www.oig.hhs.gov.

Prosecutor Brown noted that some important cases have started with anonymous tips. People who are concerned about insurance cheating and have information about a fraud can report it anonymously by calling the toll-free hotline 1-877-55-FRAUD or visiting the Web site www.NJInsuranceFraud.org. State regulations permit an award to be paid to an eligible person who provides information that leads to an arrest, prosecution and conviction for insurance fraud.

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