(Repeats with new story tag for some subscribers, no change to
content) U.S. Senators Richard
Blumenthal, Charles Grassley and Amy Klobuchar asked the Justice
Department to investigate whether Mylan NV may have
misclassified its EpiPen in order to pay lower rebates to the

In a letter released on Wednesday, the lawmakers noted that
Mylan classified the EpiPen with the Medicaid Drug Rebate
Program as a non-innovator multiple source drug, which pays a
rebate of 13 percent to states, rather than innovator, which
pays a rebate of a minimum of 23.1 percent.

“The facts … suggest that Mylan may have knowingly
misclassified EpiPens, potentially in violation of the False
Claims Act and other statutes,” the lawmakers said in a letter
to Attorney General Loretta Lynch.

(Reporting by Diane Bartz; Editing by Chizu Nomiyama)
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Senators ask Justice Dept to consider probe of EpiPen Medicaid classification