340bemployed.org

Your Free Source for 340B News and Commentary

  • Home
  • About Us
  • Employers
  • Job Seekers
  • Advertise
  • 340B Health

Senator Slams CMS Response to Questions About EpiPen


 

Print Article

January 26, 2017—Sen. Chuck Grassley (R-Iowa) is ramping up pressure on the Centers for Medicare and Medicaid Services to hand over documents about Mylan Pharmaceuticals’ misclassification of EpiPen as a generic drug and subsequent underpayment of Medicaid rebates. [ms-protect-content id=”2799″]

“We need records,” the senator wrote to CMS Acting Administrator Patrick Conway on Jan. 19. “Provide us with records.  If this is not plain, just talk with my staff and they will be very specific.”

Senator Grassley complained in the letter to Conway about former Acting Administrator’s Andrew Slavitt’s “lackluster and very disappointing” Jan. 18 response to the senator’s previous requests for information about CMS’s communications with Mylan and whether CMS took steps to hold Mylan accountable. Slavitt told Senator Grassley that while CMS believes Mylan misclassified EpiPen and underpaid rebates, CMS lacks statutory authority to compel a manufacturer to reclassify a drug or to issue civil monetary penalties in such a case.

“CMS seems to suggest it lacks the authority to compel drug companies to classify their drugs properly,” Senator Grassley wrote to Conway. “If that’s the case, why didn’t Congress hear this before now? Is the intent to do little or nothing and then when confronted, blame the inaction on a supposed lack of authority? Didn’t CMS have the authority and the obligation to report clear violations of the law to the Justice Department and if so, has it done so in the case of EpiPens and other misclassified drugs?”

“CMS is trying to dodge responsibility for a problem that likely cost the taxpayers hundreds of millions of dollars and damaged Medicaid program integrity,” Senator Grassley wrote. “This won’t stand.”

In December, Senate Finance Committee Chairman Orrin Hatch (R-Utah), then House Energy & Commerce Committee Chairman Fred Upton (R-Mich.), then E&C Health Subcommittee Chair Joseph Pitts (R-Pa.), and E&C Oversight Subcommittee Chair Tim Murphy (R-Pa.) wrote separately to Slavitt about CMS’s handling of the EpiPen matter. Among other questions, they asked whether EpiPen’s misclassification as a generic drug for Medicaid rebate purposes caused hospitals and other healthcare providers in the 340B drug discount program to be overcharged. Slavitt’s response has not come to light.

Hospitals and health systems in the 340B program have asked the U.S. Justice Department to investigate whether Mylan overcharged 340B healthcare providers for EpiPens.


Register – 340B Coalition Winter Conference – February 1-3, 2017 – San Francisco, Calif. [/ms-protect-content]

Follow us on X

340B Health Follow

340B Health is the leading advocate & resource for hospitals that serve their communities by participating in the 340B drug pricing program. #Protect340B

340BHealth
340bhealth 340B Health @340bhealth ·
11 Feb

🍦 Sweet connections at the #340BInsight Ice Cream Social!

One of the highlights of the week — stepping away from sessions, enjoying a treat, and connecting in a joyful setting. Thanks to everyone who made it so fun! #340BConf #340BHealth #BecauseOf340B

Reply on Twitter 2021409861284618697 Retweet on Twitter 2021409861284618697 Like on Twitter 2021409861284618697 1 Twitter 2021409861284618697
340bhealth 340B Health @340bhealth ·
9 Feb

We've arrived in San Diego for the 22nd Annual
@340BCoalition Winter Conference! Follow along for session snapshots, key takeaways, and community highlights throughout the week!
#340BConf #BecauseOf340B

Reply on Twitter 2020672291319718387 Retweet on Twitter 2020672291319718387 1 Like on Twitter 2020672291319718387 2 Twitter 2020672291319718387
340bhealth 340B Health @340bhealth ·
3 Feb

After a severe spinal cord injury, Herb Werner worried about affording meds — until MetroHealth’s pharmacy helped him access a 75% discount through the #340B program. Now he can focus more on living his best life. #Becauseof340B

Reply on Twitter 2018733474266427604 Retweet on Twitter 2018733474266427604 Like on Twitter 2018733474266427604 Twitter 2018733474266427604
Load More

RSS 340B Informed

  • An In-Depth Look at Total 340B Purchases
  • Ideas for 340B Changes Could Lead to Legislation
  • Help From 340B After a Rare Diagnosis and an Unaffordable Bill

Copyright © 2026 · 340B Health