Republicans on the committee, led by Sen. Orrin Hatch (Utah), expressed concerns that Mylan was able to falsely label EpiPen as a generic drug to reduce the potential discounts given to Medicaid.
The current law states branded drugs and generic treatments offered from a single source are subject to a rebate of at least 23.1 percent of the average manufacturer price for Medicaid, according to the report. Unbranded drugs are only subject to a 13 percent rebate.
“We are concerned that the controls in place, if any, are inadequate to ensure that Medicaid is receiving the full amount of rebates afforded to it by law,” the Senate Republicans wrote in a letter to the HHS’ inspector general.
Mylan said it has complied with all laws and regulations related to rebates, according to the report.
West Virginia Attorney General Patrick Morrisey (R) is also investigating Canonsburg, Pa.-based Mylan over potential antitrust violations and state Medicaid fraud.
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