Florida Attorney General - Volume 6, Issue 12

Publication of the Office of the Attorney General • Volume 6, Issue 12 • March 21, 2008

Weekly Message from Attorney General Bill McCollum

As Sunshine Week draws to a close, I'd like to take a moment to recognize an important aspect of keeping our government operating in the sunshine – the accountability and transparency every government agency should strive for in its day-to-day operations.

This week, I unveiled my sixth and final legislative priority, a bill designed to promote transparency in private attorney contracting. While the Attorney General's Office functions as the state's first and foremost legal representation, private attorney contracts are often used to ensure the appropriate resources and expertise can be dedicated to specific cases and issues when necessary. This piece of legislation would ensure that when those private counsel contracts are necessary, the public is aware of the circumstances and is well-informed of the decision-making process.

To enhance the transparency of the process and thus the ability of citizens to hold their government accountable, the bill requires that prior to entering into a contract with an outside legal counsel, the Attorney General must make a written determination that the representation is both cost-effective and in the public's best interest. It also provides transparency by making copies of the contract and the written determination available for public inspection on the Attorney General's website no later than five days after the date the contract becomes effective. The payment of any contingency fees received through the contract would also be posted online within 15 days.

As the state's chief legal officer, I believe it is essential to allow our state to have the best possible legal representation, even if that includes outside private counsel. I also believe it is just as important to create a procedure for holding those contracts out for public scrutiny and higher accountability. Through my Government Accountability Project, I have already begun championing this level of transparency for state and local governments throughout Florida and have posted all of the Attorney General's legal contracts for the public's easy access on our website. I encourage other government entities to do the same, and I commend the Florida Legislature for taking this opportunity to further support transparency and accountability.

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To date, the Attorney General's CyberSafety Presentation has reached more than 46,900 students.

Attorney General McCollum issued a consumer alert following the recent theft of data from the Tampa-based Sweetbay Supermarket chain and its sister company, Maine-based Hannaford Brothers. At least 1,800 customers have reported being the victims of fraud as a result of the data breach. Consumers who used credit or debit cards at the 106 Sweetbay stores in Florida between December 2007 and March 10, 2008 should closely review their accounts for unauthorized charges and monitor their bank and credit card statements, McCollum cautioned.

Attorney General McCollum announced that Florida and 18 states have filed an antitrust lawsuit against Abbott Laboratories and French drug company Fournier Industrie et Sante and Laboratories Fournier, S.A., charging the companies with blocking a cheaper, generic version of prescription drug TriCor. The drug, which is used to reduce high levels of triglycerides and cholesterol, accounted for more than $1 billion of Abbott’s sales last year. The complaint was filed in federal court in Delaware seeks triple the amount of damages incurred by the state’s public health agencies and individual consumers.

Attorney General McCollum announced the arrests of the owner of Perdomo Medical Equipment and Supplies and a licensed orthotics fitter on charges of Grand Theft related to an apparent Medicaid fraud scheme involving expensive knee braces. The investigation began when the Attorney General’s Medicaid Fraud Control Unit was advised by the state Agency for Health Care Administration’s Program Integrity Unit of suspicious billings by Perdomo Medical Equipment and Supplies from February 2003 through January 2004.

Attorney General McCollum announced that the Florida Medicaid program will receive more than $186,000 from a $36.7 million multistate settlement with CVS and Caremark Corporation. The settlement with the United States, 23 states and the District of Columbia resolves allegations that CVS violated various state and federal statutes and regulations by switching dosage forms of an antacid medication commonly prescribed for Medicaid patients. Florida’s civil case was handled by the Attorney General’s Complex Civil Enforcement Bureau (CCEB) which is part of the Medicaid Fraud Control Unit.

Attorney General McCollum Urges Consumers to Monitor Credit and Debit Activity

Attorney General McCollum Announces Arrests of South Florida Men on Medicaid Fraud Charges

Florida Joins $36.7 Million Settlement With CVS Over Improper Billing

Florida, 18 States Sue Abbott Laboratories for Blocking Generic Prescription Competition