N.H. to get $1M for allegations Epipen maker underpaid Medicaid

Reported false statements undercut Medicaid disbursals for almost six years. (Courtesy photo)

CONCORD - The New Hampshire Attorney General's Office announced on Friday that New Hampshire will receive $1,002,453.72 in restitution and other recoveries from Mylan, Inc. based on allegations that the drug manufacturer had underpaid the Medicaid program for its Epipen products.

Mylan Inc. a Pennsylvania-based corporation will pay the states and the federal government $465 million in restitution and other recoveries. Specifically, this settlement resolves allegations that from July 29, 2010 to March 31, Mylan submitted false statements to the Centers for Medicare and Medicaid Services ("CMS") that incorrectly classified EpiPen as a "noninnovator multiple source" drug, as opposed to a "single source" or "innovator multiple source" drug, as those terms are defined in the Rebate Statute and Rebate Agreement.

Mylan also did not report a Best Price to CMS for EpiPen, as that term is defined in the Rebate Statute and Agreement, 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 and EpiPen Jr. for Medicaid rebate purposes and underpaid its EpiPen and EpiPen Jr. rebates to the State Medicaid Programs.