Hill Letter Questions Mylan EpiPen Medicaid Rebate Classification

Pressure from Capitol Hill is continuing against Mylan and its pricing on Epipen. Senate Finance Committee Ranking Member Ron Wyden (D-OR) and House Energy and Commerce Committee Ranking Member Frank Pallone (D-NJ) have now sent a letter to HHS secretary Sylvia Mathews Burwell requesting additional information regarding EpiPen’s classification and rebate obligations under the Medicaid Drug Rebate Program, following allegations that Medicaid may have been grossly overpaying for the EpiPen for nearly two decades due to a misclassification by Mylan.

“Recent evidence indicates that, since at least 1997, EpiPen may have been incorrectly designated by relevant pharmaceutical companies as a generic in the Medicaid program, despite being considered a brand-name drug by the Food and Drug Administration (FDA) and Medicare,” the lawmakers say. “This would mean Mylan has been vastly underpaying rebates owed to Medicaid for the EpiPen for years.”