Attorney General Lawrence Wasden announced today that Idaho has agreed to join the federal government and other states in settling allegations against Mylan Inc. and its subsidiary, Mylan Specialty L.P.
The settlement requires Mylan to pay $465 million. The states’ share is about $214 million. Idaho’s portion of the settlement totals $438,003.
The settlement resolves allegations that Mylan knowingly underpaid rebates owed to the Medicaid program for the drugs EpiPen and EpiPen Jr. dispensed to Medicaid beneficiaries.
From July 29, 2010, to March 31, 2017, Mylan submitted false statements to the Centers for Medicare and Medicaid Services, or CMS, that incorrectly classified EpiPen as a “non-innovator multiple source” drug, as opposed to a “single source” or “innovator multiple source” drug, as those terms are defined in the Rebate Statute and Rebate Agreement.
Mylan also did not report a Best Price to CMS for EpiPen, as that term is defined in the Rebate Statute and Agreement, which it was required to do.
As a result, Mylan submitted or caused to be submitted false statements to CMS and/or the states relating to EpiPen for Medicaid rebate purposes, and underpaid its EpiPen rebates to the state Medicaid Programs.