Humana is right behind the federal government in suing Regeneron for allegedly inflating its macular degeneration drug, Eylea, and using a "sham" charity to pay out kickbacks to cover cost-sharing obligations, according to the lawsuit.
Filed July 22, the Humana lawsuit is strikingly similar to accusations coming out of the U.S. Attorney for the District of Massachusetts in 2020, which alleged that Regeneron paid tens of millions of dollars in kickbacks for Eylea. This was largely done through making donations to a third-party foundation that would ensure the money went exclusively toward Eylea copays.
Humana's lawsuit notes the insurer has paid out over $900 million in claims for Eylea, so it is seeking upward of $2.7 billion in damages.
Much of Humana's argument points to the alleged kickbacks as integral in swaying patients toward Eylea, which is significantly costlier than its competition, according to the lawsuit.
A Regeneron spokesperson said Humana's complaint is directly in line with the 2020 federal complaint, both of which are "without merit."
"These complaints relate to lawful, charitable donations Regeneron made in 2013 and early 2014 to an independent charitable patient assistance foundation to assist financially disadvantaged elderly patients with wet age-related macular degeneration ('wet AMD') gain access to treatments designed to prevent blindness," the statement read. "Regeneron is proud to support patients in need through donations to charitable foundations, which help to ensure elderly patients have access to the medicines prescribed by their physicians."