EpiPen Medicaid Rebates Could Increase As Mylan, CMS Dispute Heats Up

Mylan, agency take opposing views on whether the company has been overcharging Medicaid for EpiPen, which is currently classified as a generic for the purposes of program rebates.

EpiPen

Mylan Pharmaceuticals Inc. and the Centers for Medicare and Medicaid Services are in disagreement over whether Mylan’s EpiPen (epinephrine) emergency treatment for severe allergic reactions is appropriately classified as a “non-innovator” drug in Medicaid and therefore subject to a generic-level base pricing rebate.

The base rebate for generics is 13%, well below the 23.1% base rebate required for innovator (branded) drugs in Medicaid...

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