Fluoxetine-based medications are generic versions of Prozac®. The drugs are antidepressants that work in the brain, and are members of the selective serotonin reuptake inhibitor (SSRI) class of medicines. All forms of this drug require a prescription. Prozac and fluoxetine have been among the most popularly prescribed medications in the United States. Walgreens, Omnicare and other pharmacies dispensed tens of thousands of fluoxetine prescriptions annually.

Prozac comes in capsules. All prescriptions in the most-used dosage form (20 milligrams) were for capsules. Prozac’s generic form, the fluoxetine capsule, was sold after Prozac’s patent expired in August 2001. At that time, well over 99 percent of the Prozac prescriptions were for capsules.

Under Medicaid's generic substitution requirements Prozac prescriptions were filled with fluoxetine capsules. Doctors, patients and pharmacists were familiar with Prozac capsules. Under federal and state laws, fluoxetine capsules and tablets are different drugs. As different drugs, state Medicaid programs paid different prices for each drug to pharmacies filling Medicaid beneficiaries' prescriptions. The popular capsules were subject to federal and state Medicaid price limits. Yet, Walgreens allegedly dispensed tablets, which had no price ceiling, to Medicaid patients. State pharmacy laws generally prohibit substitutions of fluoxetine tablets for capsules.

Ranitidine (generic Zantac®)

Also in CVS® and Omnicare® Cases

Ranitidine-based medications are generic versions of drugs with the brand-name Zantac®. They treat various gastrointestinal problems by reducing the amount of acid in the stomach. While lower-strength doses of ranitidine were available over the counter, high doses of 150 and 300 milligrams required a prescription. Ranitidine has been among the most popularly prescribed medications in the United States. Walgreens, CVS, Omnicare and other pharmacies dispensed tens of thousands of ranitidine prescriptions annually.

While ranitidine could be prescribed in multiple dosage forms, virtually all prescriptions were for tablets. Under federal and state laws, ranitidine tablets and capsules are different drugs. As different drugs, state Medicaid programs paid different prices for each drug to pharmacies filling Medicaid beneficiaries’ prescriptions. The popular ranitidine tablets were subject to Medicaid price ceilings, while capsules were not. Allegedly, Walgreens, CVS and Omnicare overcharged Medicaid by dispensing the higher priced capsules to Medicaid patients even though tablets had been prescribed. State pharmacy laws generally prohibit switching ranitidine capsules for tablets.

Selegiline (generic Eldepryl®)

Selegiline is a drug used for the treatment of early-stage Parkinson's disease and senile dementia. In normal clinical doses it is a selective irreversible MAO-B inhibitor. Selegiline-based medications are generic versions of drugs with the brand name Eldepryl®. All forms of this drug require a prescription. Walgreens and other pharmacies dispensed numerous selegiline prescriptions annually.

Allegedly, Walgreens improperly switched its Medicaid patients who were prescribed Eldepryl or selegiline 5 milligram tablets to the capsule form of the drug. As a result of engaging in this switching behavior, Walgreens received reimbursement amounts from various state Medicaid programs that were higher than it was entitled to receive.

Under federal and state laws, selegiline capsules and tablets are different drugs. As different drugs, state Medicaid programs set different prices for each drug, which were paid to pharmacies for filling Medicaid beneficiaries’ prescriptions. State pharmacy laws generally prohibit substitutions of selegiline dosage forms.