BATON ROUGE, LA – Attorney General Jeff Landry
today announced that Louisiana has joined a multi-state settlement with Mylan
Inc. that resolves allegations the drug manufacturer knowingly overcharged
taxpayers for EpiPen® and EpiPen Jr.® dispensed to Medicaid
Per the agreement, Mylan will pay $465 million to the federal government and the states. Louisiana’s portion is $6,922,152.05 – money that General Landry said will go toward replenishing the State’s Medicaid program.
“As I have said before, all welfare fraud needs to be found and ended. From providers to beneficiaries, those who defraud our State’s Medicaid welfare program steal our taxpayers’ money and jeopardize care for our most vulnerable,” said General Landry. “People and businesses who deceive the hard-working taxpayers of Louisiana should be held accountable for their actions. I will do all that I legally can to ensure Medicaid fraudsters are brought to justice.”
From July 29, 2010 to March 31, 2017, Mylan allegedly submitted false statements to the Centers for Medicare and Medicaid Services (“CMS”) that incorrectly classified EpiPen as a “non-innovator multiple source” drug, as opposed to a “single source” or “innovator multiple source” drug. Mylan also allegedly 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 false statements to be submitted to CMS and/or the States relating to EpiPen for Medicaid rebate purposes and underpaid its EpiPen rebates to the State Medicaid Programs.