Officials from Mylan NV, the U.S. Department of Justice (DOJ), and the Centers for Medicare and Medicaid Services have all declined to testify at a Senate hearing set for Nov. 30 to review a settlement over Mylan’s rebate fees paid to Medicaid.
In October, Mylan announced that it had reached a pending settlement with the DOJ and other government agencies to pay $465 million to resolve a dispute over its rebates to the Medicaid program for EpiPen auto-injectors. Some federal and state lawmakers charged that Mylan had underpaid Medicaid for several years by classifying the branded epinephrine auto-injector as a generic for the purpose of payments to the program. (Rebates in the program for generics are 13 percent, while rebates for branded drugs are at least 23 percent.)
In a statement on Nov. 21, Sen. Chuck Grassley (R, Iowa), who chairs the Senate Judiciary Committee and had called for investigation of EpiPen payments to Medicaid, said: “It’s a shame government agencies and the company are ducking accountability under a voluntary process. One way or another, I intend to get answers for patients and taxpayers.”
In her letter to Grassley and the committee, Mylan’s lawyer said the company was declining to testify because the focus of the hearing involves “a pending matter,” and because the government officials involved in the settlement would not be attending.