STATE SETTLEMENT AGREEMENT
Exhibit
10.2
Overview
and general description of State Settlement Agreements
As
more
fully described under Item 1.01 hereinbefore, King Pharmaceuticals, Inc.
has
entered into a settlement agreement with the United States of America (the
“Federal Settlement Agreement”) and into separate settlement agreements with the
District of Columbia and the following 48 states: Alabama, Alaska, Arkansas,
California, Colorado, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois,
Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota,
Ohio,
Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota,
Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin,
and Wyoming (each, a “State Settlement Agreement”).
Each
State Settlement Agreement is substantially identical to the Federal Settlement
Agreement (see Exhibit 10.1). Each State Settlement Agreement sets forth
the
portion of the $50.6 million to be paid to the states. In addition, the State
Settlement Agreements with the 13 states on behalf of which the relator has
filed claims (the “Qui Tam States”) include provisions relating to the dismissal
of such claims and related matters. The State Settlement Agreements with
the
states that have affected state pharmaceutical programs include provisions
relating to these programs. Subject to the foregoing, the State Settlement
Agreement with the state of Massachusetts has been provided as a sample State
Settlement Agreement containing both the provisions applicable to the Qui
Tam
States and the state program related provisions.
Settlement
Agreement with the state of Massachusetts
STATE
SETTLEMENT AGREEMENT
I.
THE PARTIES
This
Settlement Agreement (“Agreement”) is entered into this ______ day of
____________ 2005. The parties to this Agreement (hereinafter “the Parties”) are
the State of Massachusetts (hereinafter the “State”) and King Pharmaceuticals,
Inc., and Monarch Pharmaceuticals, Inc. (collectively “King”), each a Tennessee
corporation with a principal place of business in Bristol,
Tennessee.
II.
PREAMBLE
As
a
preamble to this Agreement, the Parties recite the following:
X. Xxxx
Pharmaceuticals, Inc. manufactures and sells generic and branded pharmaceuticals
through several wholly-owned direct and indirect subsidiaries. The subsidiaries
of King Pharmaceuticals, Inc. are listed on Attachment A. For purposes of
this Agreement, all references to King include its subsidiaries to the extent
that they have manufactured or sold pharmaceuticals that fall within the
“Covered Conduct” of this Agreement. The “Covered Conduct” is fully described in
Paragraph F, below.
B. On
March
12, 2003, a relator filed a qui tam
action
in the United States District Court for the Eastern District of Pennsylvania
captioned United
States ex rel. Xxxxxx Xxxxxx, et al., x. Xxxx Pharmaceuticals, Inc., et
al.
(the
“Civil Action”).
C. This
Agreement resolves all the civil claims of the State against King arising
from
or based on the “Covered Conduct” alleged in Paragraph F, below. A separate
settlement agreement resolves all the civil claims of the United States arising
from or based on the “Covered Conduct” alleged in Paragraph F below (the
“Federal Settlement Agreement”).
Separate
settlement agreements (together with this Agreement, the “State Settlement
Agreements”) resolve the civil claims of the other States, Commonwealths, and
the District of Columbia against King arising from or based on the “Covered
Conduct” alleged in Paragraph F, below.
D. At
all
relevant times, the Medicaid Rebate Program, 42 U.S.C. § 1396r-8, required
participating manufacturers to pay rebates to state Medicaid agencies, including
the Medicaid agency for the State, pursuant to specific rules based in part,
in
the case of single-source and innovator multiple-source pharmaceuticals,
upon
the lowest price at which the manufacturer sold its products to certain
commercial customers. The purpose of these specific rules is to ensure that
Medicaid receives the benefit of discounts in relation to the pricing available
in the commercial marketplace. Xxxx entered into a rebate agreement with
the
Health Care Financing Administration (“HCFA”), now the Centers for
Medicare & Medicaid Services (“CMS”), and certain of King’s products
were at all relevant times covered by State’s Medicaid plans that provided
medical assistance for outpatient prescription drugs. 42 U.S.C.
§§ 1396a(a)(10)(A), 1396d(a)(12), and 1396r-8(a)(1). Under the Medicaid
Rebate Program and rebate agreement with CMS, King generally agreed: (i) to
report quarterly to CMS its average manufacturer price (“AMP”) and, in the case
of single-source and innovator multiple-source pharmaceuticals, best price
for
its pharmaceutical products, as defined by 42 U.S.C. §§ 1396r-8(k)(1) and
1396r-8(c)(1)(C); and (ii) to pay quarterly rebates to the states based on
the product of (a) the units of each dosage form and strength paid for
under the state Medicaid plan during the rebate period as reported by the
state,
and (b) the greater of the difference between the AMP and best price, or
minimum rebate percentage of the AMP, as further defined in 42 U.S.C.
-2-
§ 1396r-8(c).
The states receiving Medicaid rebates are sometimes referred to in this
Agreement as the “Medicaid States.”
X. Xxxx
also
participated in [a] supplemental rebate program[s] with the State that generally
required a rebate separate from the State’s Medicaid rebate (a “Supplemental
State Rebate Program”). The states with Supplemental State Rebate Programs are
sometimes referred to in this Agreement as the “State Program States”. The State
Program States are: California, Connecticut, Delaware, Florida, Indiana,
Maine,
Maryland, Massachusetts, Minnesota, Missouri, Montana, New Jersey, New York,
North Carolina, Oregon, Pennsylvania, Rhode Island, Texas, Utah, Vermont,
Wisconsin and Wyoming. The Medicaid States and the State Program States are
sometimes collectively referred to in this Agreement as the “Affected
States”.
F. The
State
contends that it has certain civil claims against King for engaging in the
conduct alleged in sections (i) through (v) during the period
January 1, 1994, through December 31, 2002, unless otherwise specified
below (the “Covered Conduct”).
(i) The
State
contends that Xxxx knowingly did not collect and analyze its pricing information
in a manner that ensured that Xxxx would be able to accurately determine
the AMP
and best price on a quarterly basis. The State also contends that King knowingly
did not adequately train its personnel to calculate accurate AMP and best
price
data, and that King knowingly did not provide its employees with appropriate
tools, such as specialized software programs or other commonly used means
for
calculating Medicaid rebate payments, so that its employees could calculate
AMPs
and best prices accurately.
(ii) The
State
also contends that King knowingly included inappropriate customers in its
retail
class of trade, which resulted in inaccurate calculations of AMPs.
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(iii) The
State
contends that because of the conduct alleged in sections (i) and (ii) above,
certain of King’s AMP and best price calculations were inaccurate. The State
further contends that, by including such inaccurate calculations in its
quarterly submissions to CMS, King failed to report accurately to CMS on
a
quarterly basis the AMPs and best prices, where applicable, for its
pharmaceutical products, and to pay the corresponding proper amounts of Medicaid
rebates, resulting in an overall underpayment of Medicaid rebates for the
relevant time period. Further, the State contends that Xxxx failed to pay
the
proper Supplemental State Rebate Program rebates, resulting in an overall
underpayment of Supplemental State Rebate Program rebates for the relevant
time
period.
(iv) Accordingly,
the State contends that the activities alleged in Paragraph F (i) through
(iii) rendered false the following claims or statements: (1) King’s reports
to CMS of AMPs and best prices, and the related state invoices, for the
pharmaceutical products listed in Attachment B for the 36 quarters from
January 1, 1994, through December 31, 2002; and (2) to King’s
invoices for the Supplemental State Rebate Programs listed in Attachment C
for the pharmaceutical products listed in Attachment D, for the period
January 1, 1994, through December 31, 2002.
(v) All
other
conduct of Xxxx alleged in the Civil Action is also included in the “Covered
Conduct.”
X. Xxxx
represents that after Xxxx received an SEC subpoena regarding various matters,
the Audit Committee of King’s Board of Directors initiated an independent
internal investigation. When this investigation identified the deficiencies
in
King’s AMP and best price methodologies described in Paragraph F above,
Xxxx’x outside counsel retained KPMG, a national accounting firm that, in part,
specializes in health care and Medicaid reporting. With
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KPMG’s
assistance, Xxxx undertook a comprehensive recalculation to determine the
amount
of King’s underpayments under the Medicaid rebate program, underpayments under
the Supplemental State Rebate Programs, and overcharges to the PHS entities
and
Federal Supply Schedule customers. King
and
KPMG began this recalculation by compiling a database of all King transactional
data (including sales, rebates and chargebacks), government utilization,
customer, contract and product data relevant to the calculation of AMP, best
price, Medicaid unit rebate amounts and related PHS, Federal Supply Schedule
and
Supplemental State Rebate Program calculations for the relevant period. This
data was compiled from sources that included King’s sales, adjustment and
chargeback records, records of amounts paid to purchasers
and
other payors, records of product utilization by, and rebates paid to, the
state
Medicaid agencies and Supplemental State Rebate Programs,
contracts
and other agreements with pharmaceutical product purchasers, and
King’s historical
pricing records. Xxxx and KPMG confirmed the completeness of the data they
compiled by reconciling it to the net sales data in the general ledger trial
balances underlying King’s audited financial statements.
In
addition, KPMG helped King to determine the appropriate class of trade for
each
of the purchasers of King’s pharmaceutical products.
King
re-calculated the AMPs and best prices for its pharmaceutical products from
January 1, 1998, through December 31, 2002. King compared the AMPs and
best prices that it had originally reported to CMS with the re-calculated
AMPs
and best prices. This data is contained in a summary document prepared by
King,
known as the Medicaid variance report, which also identified King’s total
underpayment of Medicaid rebates for that period. According to Xxxx, all
AMP and
best price differences between what King originally reported to CMS and the
corrected AMPs and best prices are reflected in the Medicaid variance report
on
a product
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and
quarter basis. In addition, Xxxx prepared variance reports reflecting its
underpayments of rebates from January 1, 1998 through December 31, 2002 to
the State Program States. In addition, Xxxx used the results of the
recalculation for the 1998 to 2002 period to determine by extrapolation State
Medicaid, and Supplemental State Rebate Program variances for all King products
with utilization under the applicable program during the period from January
1,
1994 through December 31, 1997.
X. Xxxx
represents that it has performed the review and calculations and prepared
the
variance reports described in Paragraph G above in good faith and that it
believes that such calculations and variance reports are complete and accurate
in all material respects.
I. The
State
also contends that it has certain administrative claims against King for
the
Covered Conduct.
J. This
Agreement is made in compromise of disputed claims. It is neither an admission
of liability by King
nor
a concession by the State that its claims are not well founded. Xxxx expressly
denies the allegations of the State as set forth herein and in the Civil
Action
and denies that it has engaged in any wrongful conduct in connection with
the
Covered Conduct. Neither this Agreement, its execution, nor the performance
of
any obligations under it, including any payments, nor the fact of the
settlement, is intended to be, or shall be understood as, an admission of
liability or wrongdoing, or other expression reflecting upon the merits of
the
dispute by Xxxx.
K. To
avoid
the delay, uncertainty, inconvenience, and expense of protracted litigation
of
the above claims, the Parties reach a full and final settlement pursuant
to the
Terms and Conditions below.
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III.
TERMS AND CONDITIONS
1. Pursuant
to the Federal Settlement Agreement, Xxxx agreed to pay to the United States,
and the Affected States, collectively, $124,057,318, with accrued
interest (the
“Settlement Amount”). Xxxx also agreed that this interest accrues at
3.75 percent per annum calculated from July 1, 2005, until the date of
the payment of the Federal Settlement Amount (as defined in Paragraph 2
below). The Settlement Amount sum constitutes a debt immediately due and
owing
on the date the Federal Settlement Agreement becomes effective according
to its
terms (the “Federal Effective Date”).
2. Of
the
Settlement Amount in Paragraph 1, King and the United States have agreed
that the sum of $73,420,225, with accrued interest, represents the federal
share
of the Settlement Amount (the “Federal Settlement Amount”). Pursuant to the
Federal Settlement Agreement, the Federal Settlement Amount will be paid
by King
within seven business days after the Federal Effective Date.
3. Of
the
Settlement Amount in Paragraph 1, King, the United States and the Affected
States have agreed that the sum of $50,637,093, with accrued interest to
(but
excluding) the date of payment of the Federal Settlement Amount, shall represent
the State share of the Settlement Amount (the “State Settlement Amount”). The
State Settlement Amount represents (i) the state-funded portions of the
claims settled for the Medicaid programs of all Medicaid States and
(ii) the entire amount of the claims settled for the Supplemental State
Rebate Programs of all State Program States. With respect to the State
Settlement Xxxxxx, Xxxx and the State agree as follows:
A. The
total
portion of the Settlement Amount paid by King in settlement for alleged injury
to the Medicaid Program for the State is $1,382,471.98, consisting of
$714,203.03 paid to the State under this Agreement (the “State Medicaid
Settlement Amount”) and
-7-
$668,268.95
paid to the federal government as part of the Federal Settlement Amount.
The
total amount paid to the State pursuant to this Agreement (the “Individual State
Settlement Amount”) is $768,190.25 consisting of the State Medicaid Settlement
Amount and $53,987.22 allocable to the State’s Supplemental State Rebate
Program[s].
B. If
the
Parties shall have entered this Agreement on or before the date on which
the
Federal Settlement Agreement was entered into, King shall make payment of
the
State’s Individual State Settlement Amount on the same date that King makes
payment of the Federal Settlement Amount as set forth in Paragraph 2 above.
If the parties have entered into this Agreement after the date the Federal
Settlement Agreement was entered into, King shall make payment of the State’s
Individual State Settlement Amount on or before the latest of (A) the date
on which the Federal Settlement Amount is paid, (B) the date on which the
motion to dismiss described in Paragraph 7, below, shall have been granted
by the court and an appropriate order entered, and (C) the fifth business
day after the date of this Agreement. Payment by King shall be made via wire
transfer to a distribution account identified by the National Association
of
Medicaid Fraud Control Units Settlement Team (the “NAMFCU Team”) for
distribution to the State, and shall include interest accrued to (but excluding)
the date on which the Federal Settlement Amount is paid, even if the amounts
due
under this Agreement are due at a later date.
4. Subject
to the exceptions in Paragraph 5, and in consideration of the obligations
of King set forth in this Agreement, the State, on behalf of itself and each
of
its political subdivisions, its officers, agents, agencies, and departments,
agrees fully and finally to release King, its past and present parents,
affiliates, divisions, and direct and indirect subsidiaries, and each of
their
predecessors, successors and assigns (the “King Corporate Entities”), and their
past
-8-
and
present directors, officers, agents and employees (together with the King
Corporate Parties, the “King Released Parties”), from any civil or
administrative monetary claim that the State has or may have for the Covered
Conduct. The payment of the Individual State Settlement Amount fully discharges
King and the other King Released Persons from any obligation to pay
Medicaid-related or Supplemental State Rebate Program-related restitution,
damages, and/or any fine or penalty to the State for the Covered
Conduct.
5. Notwithstanding
any term of this Agreement, the State specifically does not in this Agreement
release King and the other King Released Parties from any and all of the
following: (a) any criminal, civil, or administrative liability arising
under the State’s revenue code; (b) any criminal liability; (c) any
liability to the State or any agencies thereof) for any conduct other than
the
Covered Conduct; (d) any liability based upon obligations created by this
Agreement; (e) except as explicitly stated in this Agreement, any
administrative liability, including mandatory exclusion from any of the State’s
health care programs; (f) any express or implied warranty claims or other
liability for defective or deficient products and services provided by King;
(g) any liability based on a failure to deliver items or services due; and
(h) any administrative liability against individuals, including current and
former directors, officers, and employees of King and the other King Corporate
Entities.
6. In
consideration of the obligations of King set forth in this Agreement,
conditioned upon King’s payment in full of the Individual State Settlement
Amount and except as reserved in Paragraph 5 above and below in this
Paragraph, the State agrees to release and refrain from instituting, directing
or maintaining any administrative claim or any action seeking exclusion from
the
State’s Medicaid program or other health care programs against King and each
other King Corporate Entity for the Covered Conduct. Nothing in this Agreement
-9-
precludes
the State from taking action against King in the event that King is excluded
from the Medicaid Program by the federal government, or for conduct and
practices other than the Covered Conduct. The Medicaid Fraud Control Unit
for
the State further agrees to refrain from recommending, causing or attempting
to
cause any administrative action or sanction, including debarment, by any
other
government agency of the State for the Covered Conduct. King acknowledges
that
the State does not have the authority to release King from any claims or
actions
which may be asserted by private payors or insurers, including those that
are
paid on a capitated basis for providing health care to the States’ Medicaid
programs.
7. The
State
agrees to dismiss with prejudice any lawsuit specifically as to King in which
the State has intervened and/or as to which the State has the authority to
dismiss, currently pending against King, for the Covered Conduct. Without
limiting the generality of the foregoing, the State agrees to file a motion
to
dismiss the State’s counts of the Civil Action with prejudice as of, and
dependent upon the occurrence of, the Federal Effective Date.
8. King
waives and will not assert any defenses King may have to any criminal
prosecution or administrative action relating to the Covered Conduct, that
may
be based in whole or in part on a contention that, under the Double Jeopardy
Clause in the Fifth Amendment of the Constitution, or under the Excessive
Fines
Clause in the Eighth Amendment of the Constitution, this Agreement bars a
remedy
sought in such criminal prosecution or administrative action.
9. Xxxx,
on
behalf of itself and (to the fullest extent of its authority) the other King
Corporate Entities, fully and finally releases, waives, and discharges the
State
and each of its political subdivisions, and each of their agencies, employees,
servants, and agents from any claims (including attorneys’ fees, costs and
expenses of every kind and however denominated) which King or any other King
Corporate Entity has asserted, could have asserted, or may assert
-10-
in
the
future against the State and each of its political subdivisions, and each
of
their respective officers, agencies, employees, servants and agents, related
to
or arising from the State’s investigation and prosecution of the Covered Conduct
up to the later to occur of (a) the Federal Effective Date and (b) the
date of this Agreement.
10. The
amounts that King must pay pursuant to this Agreement shall not be decreased
as
a result of the denial of claims for payment now being withheld from payment
by
the State’s Medicaid program, or any other State payor where such denial
resulted from the Covered Conduct. If applicable, Xxxx agrees not to resubmit
to
any Medicaid program, state payor, or any other government payor, any previously
denied claims, which denials were based on the Covered Conduct, and agrees
not
to appeal any such denials of claims.
11. Xxxx
agrees that it shall not seek payment for any of the monies owed under this
Agreement from any health care beneficiaries or their parents, sponsors,
legally
responsible individuals, or third-party payors. King waives any causes of
action
against these beneficiaries or their parents, sponsors, legally responsible
individuals, or third party payors based upon the claims for payment covered
by
this Agreement. Nothing
in this Paragraph 11 shall affect King’s rights to recover amounts due under
agreements with non-governmental third parties, including sellers and
manufacturers of pharmaceutical products to whom King previously has paid
royalties, co-promotion fees or other amounts determined directly or indirectly
by reference to the net sales of King’s products.
12. This
Agreement is intended to be for the benefit of the Parties only, and by this
instrument the Parties do not release any claims against any other person
or
entity other than King and the other King Released Parties.
-11-
13. Nothing
in this Agreement constitutes an agreement by the State concerning the
characterization of the amounts paid hereunder for purposes of the State’s
revenue code.
14. Nothing
in this Agreement shall limit King’s right and/or obligation under the Medicaid
Rebate Program to refile AMPs and best prices for the products identified
in
Attachment B.
15. Except
as
set forth in Paragraph 16, below, each party to this Agreement shall bear
its own legal and other costs incurred in connection with this matter, including
the preparation and performance of this Agreement.
16. In
addition to all other payments and responsibilities under this Agreement,
Xxxx
has agreed that it will pay: (i) all reasonable travel costs and expenses
of the
NAMFCU negotiating team; and (ii) $1,000,000 for the Participating States’
settlement costs (the “Expense Fund”). Xxxx has agreed to pay these amounts by
separate check or wire transfer made payable to the NAMFCU after all
Participating States execute a State Settlement Agreement. The State’s share, if
any, of the Expense Fund shall be a proportional amount of the original
$1,000,000 plus any accrued interest, determined pro rata based on the costs
and
other direct expenses associated with this settlement that the State is legally
obligated to pay, as compared to such costs for all other settling states.
In
the event that the aggregate amounts of all such costs do not exceed the
amount
in the Expense Fund, the balance shall be paid to the states in proportion
to
their State Settlement Amounts.
17. This
agreement does not constitute an admission by any person or entity, and shall
not be considered as an admission by any person or entity, with respect to
any
issues of law or fact.
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18. Xxxx
has
entered into a Corporate Integrity Agreement (“CIA”) with HHS-OIG, in connection
with this matter. A breach of King’s obligations under the CIA shall not
constitute a breach of this Agreement. Xxxx acknowledges that the CIA does
not
preclude the State from taking any appropriate action against King for future
conduct under the State’s laws.
19. The
undersigned King signatories represent and warrant that they are authorized
by
their respective Boards of Directors to execute this Agreement. The undersigned
State signatories represent that they are signing this Agreement in their
official capacities and they are authorized to execute this Agreement through
their respective agencies and departments. Xxxx represents that this Agreement
is freely and voluntarily entered into without any degree of duress or
compulsion whatsoever.
20. If
the
Federal Settlement Agreement shall have been terminated in accordance with
its
terms, King shall have the option to terminate this Agreement, in which case
this Agreement shall be null and void for all purposes, as if it never had
existed.
21. King
contends that beginning with its calculations and reports for products utilized
in the first quarter of 2003 it has been calculating and reporting AMP for
its
pharmaceutical products using a methodology that has resulted in it overpaying
its quarterly rebates to Medicaid and to Supplemental State Rebate Programs.
Nothing in this Agreement shall limit King’s right to recover these overpayments
from the State, the State’s Medicaid agency or the State’s Supplemental State
Rebate Programs, and nothing in this Agreement shall limit the right of State,
the State’s Medicaid agency or the State’s Supplemental State Rebate Programs to
contest any such recovery.
22. This
Agreement is governed by the laws of the State.
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23. This
Agreement shall be binding on all successors, transferees, heirs, and assigns
of
the Parties.
24. This
Agreement constitutes the complete agreement between the Parties with regard
to
the Covered Conduct. This Agreement may not be amended except by written
consent
of the Parties.
25. Each
party agrees to perform any further acts and to execute and deliver any further
documents reasonably necessary to carry out this Agreement. This Agreement
may
be executed in counterparts, each of which shall constitute an original and
all
of which taken together shall constitute one and the same Agreement.
Facsimiles
of signatures shall constitute acceptable binding signatures for purposes
of
this Agreement.
[The
remainder of this page is intentionally left blank.]
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For
the State of Massachusetts:
|
|||
|
|
|
|
By: | /s/ Xxxxxxxx X. Xxxxxxx |
Dated:
|
9/30/05
|
Title: | Assistant Attorney General |
For
the State of Massachusetts Medicaid Program:
|
|||
|
|
|
|
By: | /s/ Xxxx Xxxxxxx |
Dated:
|
9/29/05
|
Title: | Medicaid Director |
KING
PHARMACEUTICALS, INC.
MONARCH
PHARMACEUTICALS,
INC.
|
|||
|
|
|
|
By: | /s/ Xxxxx X. Xxxxxxxx |
Dated:
|
10/31/05
|
EXECUTIVE
SIGNATORY King Pharmaceuticals, Inc. |
|
|
|
|
By: | /s/ Xxxxx X. Xxxxxxxx |
Dated:
|
10/31/05
|
EXECUTIVE
SIGNATORY
Monarch Pharmaceuticals,
Inc.
|
|
|
|
|
By: | /s/ Xxxx Xxxxxxxxx |
Dated:
|
10/31/05
|
XXXX
XXXXXXXXX, ESQ. Xxxxxxx, Xxxxxx & Xxxxx LLP |
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King
Pharmaceuticals of Nevada, Inc.
King
Pharmaceuticals Research and Development, Inc.
Gentrac,
Inc.
JMI-Xxxxxxx,
Inc.
Meridian
Medical Technologies, Inc.
Brunswick
Biomedical Investment Corporation
STI
International Limited
Meridian
Medical Technologies Limited
Monarch
Pharmaceuticals, Inc.
Monarch
Pharmaceuticals of Ireland Limited
Parkedale
Pharmaceuticals, Inc.
Xxxxx
Pharma Incorporated
Xxxxxxx
Pharmaceuticals, Inc.
-16-
Attachment
B
ACETAMINOPHEN
ADRENALIN
ALTACE
AMANTADINE
ANEXSIA
ANUSOL
APLISOL
AVC
BARIUM
BICILLIN
BREVITAL
BROMPHEN
BROMPHENIRAMINE
CHLORAMPHENICOL
CHLOROMYCETIN
CODEINE
COLY-MYCIN
CORGARD
CORTISPORIN
CORZIDE
CYTOMEL
DELESTROGEN
DRIZE-R
ENDAGEN
FLORINEF
FLUOGEN
FLUPHENAZINE
GUAIFENESIN
HCBT/APAP
HISTOPLASMIN
HUMATIN
HYDROCODONE
HYDROCORTISONE
KEMADRIN
KETALAR
KETAMINE
KGDAL
KGFED
KGHIST
LEVOXYL
LORABID
MANTADIL
MENEST
MONAFED
MORPHINE
-17-
Attachment
B
NASABID
NEOPOLYMYXIN
NEOSPORIN
NORDETTE
NUCOFED
ORTHO-PREFEST
OTOCAIN
OXYCODONE
PAPAVERINE
PEDIOTIC
PENICILLIN
PHENIRAMINE
PHENOBARBITAL
PHENTERMINE
PITOCIN
PITRESSIN
POLYSORIN
POLYSPORIN
PROCANBID
PROCTOCORT
PROLOPRIM
QUIBRON
SEPTRA
SILVADENE
TAPAZOLE
THALITONE
THEREVAC
THIOMALATE
THROMBIN
THYROID
TIGAN
TUSSEND
TUSSIGON
TUSSIN
VANEX
VIRA-A
VIROPTIC
WYCILLIN
-18-
Attachment
C
California
ADAP
California
COHS
California
FPACT
California
Unknown
Connecticut
ADAP
Connecticut
PACE
Connecticut
SAGA
Connecticut
Unknown
Delaware
PA
Delaware
SRP
Delaware
Unknown
Florida
Senior Rx
Indiana
AIM
Indiana
Unknown
Maine
ADAP
Maine
ERP
Maine
LCDE
Maine
Unknown
Maryland
KDP
Maryland
PAP
Maryland
Unknown
Massachusetts
ACH
Massachusetts
DEL
Massachusetts
SPP
Massachusetts
Unknown
Minnesota
ADAP
Minnesota
PDP
Minnesota
SD
Minnesota
Unknown
Missouri
ADAP
Missouri
Senior Rx
Montana
Unknown
New
Jersey ADAP
New
Jersey ADRP
New
Jersey PAAD
New
Jersey SG
New
Jersey Unknown
New
York
ADAP
New
York
DS
New
York
EAC
New
York
EPIC
New
York
HHR
New
York
HR
New
York
MDP
New
York
Unknown
-19-
Attachment
C
North
Carolina Unknown
Oregon
ADAP
Pennsylvania
ESRD
Pennsylvania
GA
Pennsylvania
PACE
Pennsylvania
PB
Pennsylvania
Unknown
Rhode
Island PAE
Rhode
Island Unknown
Texas
CHIP
Texas
CIDC
Texas
CSHCN
Texas
KH
Utah
ADAP
Vermont
Script
Wisconsin
CD
Wisconsin
SC 200
Wisconsin
Unknown
Wyoming
ADAP
Wyoming
MMP
-20-
Attachment
D
ACETAMINOPHEN
ADRENALIN
ALTACE
AMANTADINE
ANEXSIA
ANUSOL
APLISOL
AVC
BARIUM
BICILLIN
BREVITAL
BROMPHEN
BROMPHENIRAMINE
CHLORAMPHENICOL
CHLOROMYCETIN
CODEINE
COLY-MYCIN
CORGARD
CORTISPORIN
CORZIDE
CYTOMEL
DELESTROGEN
DRIZE-R
ENDAGEN
FLORINEF
FLUOGEN
FLUPHENAZINE
GUAIFENESIN
HCBT/APAP
HISTOPLASMIN
HUMATIN
HYDROCODONE
HYDROCORTISONE
KEMADRIN
KETALAR
KETAMINE
KGDAL
KGFED
KGHIST
LEVOXYL
LORABID
MANTADIL
MENEST
MONAFED
MORPHINE
-21-
Attachment
D
NASABID
NEOPOLYMYXIN
NEOSPORIN
NORDETTE
NUCOFED
ORTHO-PREFEST
OTOCAIN
OXYCODONE
PAPAVERINE
PEDIOTIC
PENICILLIN
PHENIRAMINE
PHENOBARBITAL
PHENTERMINE
PITOCIN
PITRESSIN
POLYSORIN
POLYSPORIN
PROCANBID
PROCTOCORT
PROLOPRIM
QUIBRON
SEPTRA
SILVADENE
TAPAZOLE
THALITONE
THEREVAC
THIOMALATE
THROMBIN
THYROID
TIGAN
TUSSEND
TUSSIGON
TUSSIN
VANEX
VIRA-A
VIROPTIC
WYCILLIN
-22-