Omnicare Settles Complaints with Government over Medication Dispensed to Nursing Home (Long-Term Care) Patients

Written By: Kenneth LaBore | Published On: 19th June 2012

Nursing Home Neglect and Abuse – Overmedication/Medication Errors

The Nation’s Largest Nursing Home Pharmacy and drug company Omnicare, Inc., will allegedly pay the government $50 million dollars to settle complaints made against the company of passing medication to patients without prescriptions. The company will be allowed to continue to pass medication as part of the resolution with the U.S. Drug Enforcement Agency.

The Omnicare Settlement is the Largest Controlled Subsubstance Settlement History. According to Drug Enforcement Administration Administrator Michele M. Leonhart and Steven M. Dettelbach, United States Attorneys for the Northern District of Ohio, “The Justice Department has reached a settlement with Omnicare, Inc. in which the company will pay a $50 million civil penalty to resolve claims its various pharmacy facilities improperly dispensed controlled substances to patients at long-term care facilities across the county”.

Advice from Minnesota Nursing Home Neglect and Abuse Attorney Kenneth L. LaBore:

Medication Errors in Nursing Homes are far too common. The most common errors I see in my practice as a nursing home neglect and abuse attorney: over medication, medication given to wrong patients, medications given in the nursing home without proper prescription by doctor or nurse practitioner.

To participate in the Medicare and Medicaid programs, nursing homes must be in compliance with the federal requirements for long term care facilities as prescribed in the U.S. Code of Federal Regulations (42 CFR Part 483).
A nursing home must conduct an initial comprehensive and accurate assessment of each resident’s functional capacity. (42 CFR § 483.20). The facility must further develop a comprehensive care plan for each resident that includes measurable objectives and timetables to meet a resident’s medical, nursing, and mental and psychosocial needs that are identified in the comprehensive assessment. (42 CFR § 483.20 (k)) and Minnesota Rule 4658.0405, Subp. 1.
This website is not intended to provide legal advice as each situation is different and specific factual information must be obtained before an attorney is able to assess the legal questions relevant to your situation.

If you or a loved one has suffered an injury from neglect or abuse in a nursing home or other care facility that serves the elderly in Minnesota please contact our firm for a free consultation and information regarding the obligations of the facility and your rights as a resident or concerned family member. To contact Attorney Kenneth L. LaBore, directly please send an email to, or call Ken at 612-743-9048.

Tags: Nursing Home Care Issues

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