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 ·
31 Oct

#340B hospitals devote more of their savings to uncompensated care than non-340B hospitals, keeping health care accessible to those who cannot afford their bills. #Protect340B

Reply on Twitter 2116610406273745011 Retweet on Twitter 2116610406273745011 Like on Twitter 2116610406273745011 Twitter 2116610406273745011
340bhealth

340B Health

Verified account @340bhealth ·
30 Oct

Tens of millions of people live in rural areas, and rural hospitals are most at risk of closure or experiencing financial hardship. #340B bridges this gap and allows more rural hospitals to keep their doors open and offer more lifesaving services. #Protect340B

Reply on Twitter 2116261608670241202 Retweet on Twitter 2116261608670241202 Like on Twitter 2116261608670241202 Twitter 2116261608670241202
340bhealth

340B Health

Verified account @340bhealth ·
29 Oct

Pharma argues that back-end rebates would reduce health care costs and encourage transparency, but the reality is that rebates would only keep more money in the pockets of drugmakers while harming safety-net hospitals and patients.

Nine out of 10 hospitals in #340B report that

Reply on Twitter 2115820451934920976 Retweet on Twitter 2115820451934920976 1 Like on Twitter 2115820451934920976 1 Twitter 2115820451934920976
340bhealth

340B Health

Verified account @340bhealth ·
28 Oct

Almost three-quarters of #340B hospitals report 340B cuts would have the biggest impact on oncology care. With the cost of health care rising, cancer patients can’t afford to lose this resource. #Protect340B

Reply on Twitter 2115463097032860028 Retweet on Twitter 2115463097032860028 Like on Twitter 2115463097032860028 Twitter 2115463097032860028
340bhealth

340B Health

Verified account @340bhealth ·
27 Oct

Social determinants of health such as housing, employment, and income account for as much as 80-90% of health outcomes. #340B hospitals support more patients facing housing and employment insecurity than non-340B hospitals, helping more vulnerable populations access critical

Reply on Twitter 2115143742189379744 Retweet on Twitter 2115143742189379744 Like on Twitter 2115143742189379744 Twitter 2115143742189379744

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