Mylan, the company that makes EpiPens, may have overcharged taxpayers by as much as $1.27 billion over the past decade for emergency allergy treatment, according to a new report by a government watchdog.

The embattled drug-maker is under scrutiny for potentially misclassifying the EpiPen in a way that allowed it to charge Medicaid significantly more than it might have otherwise. 


According to a Department of Health and Human Services’ Office of Inspector General report, Mylan classified the EpiPen as a generic drug rather than a brand-name product. Under the Medicaid program, brand-name drug makers have to provide steep discounts for their products that generic drug-makers don’t have to offer.

According to OIG, Mylan improperly classified the EpiPen, and then ignored federal regulators when they informed the company that it was the wrong rebate.

Sen. Chuck GrassleyChuck GrassleyEpiPen maker may have overcharged Medicaid by .27B GOP pushes new minimum sentencing laws Senators locked in turf battle over Russia probes MORE (R-Iowa) has made public a copy of a letter from the OIG on the issue.

The company allegedly reached a $465 million settlement with the Department of Justice last year over the classification issue, but DOJ has never confirmed the settlement.

Grassley has been critical of the settlement, calling it too small. He attempted to invite Mylan’s CEO Heather Bresch to testify before a Senate Judiciary Committee hearing in November, but canceled the hearing when she refused to attend. 

Last year, Mylan drew the ire of the public and of Congress for raising the price of a two-pack of the EpiPen injector since 2007 from $100 to more than $600.

The drug can be a lifesaver for people with severe allergic reactions. 

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EpiPen maker may have overcharged Medicaid by $1.27B – The Hill