The Ohio Attorney General is announcing that Ohio has agreed in principle to join the United States and others in an EpiPen settlement.
(Ohio) AG Mike Dewine explained in a press release that Ohio has joined others in settling allegations against Mylan Inc. and its wholly-owned subsidiary, Mylan Specialty L.P. (collectively “Mylan).
The settlement resolves allegations that Mylan knowingly underpaid rebates owed to the Medicaid program for drugs EpiPen® and EpiPen Jr.® (“EpiPen”) dispensed to Medicaid beneficiaries.
As part of the settlement, Ohio will receive $19,646,624 in restitution and other recovery.
Officials note that specifically, this settlement resolves allegations that from July 29, 2010 to March 31, 2017, Mylan submitted false statements to the Centers for Medicare and Medicaid Services (“CMS”) that incorrectly classified EpiPen pursuant to the Rebate Statute and Rebate Agreement and did not report a Best Price to CMS for EpiPen, which it was required to do for all “single source” and “innovator multiple source” drugs.
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.
Under the settlement, Mylan will pay $465 million to the United States and the States. The States will share $213,936,000 of the total settlement.
Michaela Madison Reporting