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 Verified account 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

Verified account @340bhealth ·
24h

New on the #340BInsight podcast: Specialty drugs are an increasingly important part of providing critical care at #340B hospitals, and as they grow in demand and cost, ensuring hospital systems stay on top of specialty drug pipeline trends is essential.

Yale New Haven Health’s

Reply on Twitter 2104580891054129598 Retweet on Twitter 2104580891054129598 Like on Twitter 2104580891054129598 Twitter 2104580891054129598
340bhealth

340B Health

Verified account @340bhealth ·
27 Sep

Cancer care, diabetes management, mental health treatment, and general patient services are just a few of the lifesaving resources #340B enables hospitals to provide for their communities. Protect this safety net and #Protect340B

Reply on Twitter 2104278145927114990 Retweet on Twitter 2104278145927114990 Like on Twitter 2104278145927114990 Twitter 2104278145927114990
340bhealth

340B Health

Verified account @340bhealth ·
26 Sep

Congress created #340B to help hospitals, health centers, and clinics reach more underserved populations, and 340B continues to meet that mission. Patients in need can obtain the care they need when and where it’s needed most. #Protect340B

Reply on Twitter 2103903426635530400 Retweet on Twitter 2103903426635530400 Like on Twitter 2103903426635530400 Twitter 2103903426635530400
340bhealth

340B Health

Verified account @340bhealth ·
25 Sep

#340B doesn’t just help patients afford their medication, it also promotes greater health equity by extending resources to underserved and vulnerable populations. #Becauseof340B, more people can access essential health care.

Reply on Twitter 2103560920190337499 Retweet on Twitter 2103560920190337499 Like on Twitter 2103560920190337499 Twitter 2103560920190337499
340bhealth

340B Health

Verified account @340bhealth ·
24 Sep

#ICYMI: New on the #340BInsight podcast, pharmacy techs do much more than just administer medications — they also play an integral role in 340B operations and compliance.

Kayla Ciampi, a senior 340B analyst at Dartmouth Health in New Hampshire, discusses pharmacy techs’ value in

Reply on Twitter 2103139896357531785 Retweet on Twitter 2103139896357531785 Like on Twitter 2103139896357531785 Twitter 2103139896357531785

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