New HampshireDepartment of JusticeOffice of the Attorney General

News Release

For Immediate Release
August 18, 2017

Jane E. Young, Chief, Criminal Bureau
Cell: (603) 545-9282
Medicaid Fraud Control Unit (603) 271-1246

Attorney General Announces Medicaid Settlement with Mylan, Inc.

Attorney General Gordon J. MacDonald announces that New Hampshire will receive $1,002,453.72 in restitution and other recoveries from Mylan, Inc. New Hampshire has joined other states and the federal government to settle allegations that Mylan, Inc. knowingly underpaid rebates owed to the Medicaid program for the drugs EpiPen and EpiPen Jr. dispensed to Medicaid beneficiaries. Mylan Inc. a Pennsylvania-based corporation will pay the states and the federal government $465 million in restitution and other recoveries.

Specifically, this settlement resolves allegations that from July 29, 2010 to March 31, 2017, Mylan submitted false statements to the Centers for Medicare and Medicaid Services ("CMS") that incorrectly classified EpiPen as a "noninnovator multiple source" drug, as opposed to a "single source" or "innovator multiple source" drug, as those terms are defined in the Rebate Statute and Rebate Agreement. Mylan also did not report a Best Price to CMS for EpiPen, as that term is defined in the Rebate Statute and Agreement, which it was required to do for all "single source" and "innovator multiple source" drugs. As a result, Mylan submitted or caused to be submitted false statements to CMS and/or the States relating to EpiPen and EpiPen Jr. for Medicaid rebate purposes and underpaid its EpiPen and EpiPen Jr. rebates to the State Medicaid Programs.

Finally, this settlement resolves allegations that Mylan Specialty overcharged certain entities (known as the "340B Covered Entities") that participated in the 340B Drug Pricing Program, 42 U.S.C. & 256b.

The investigation resulted from two qui tam actions originally filed in the United States District Court for the Central District of Massachusetts, and the United State District Court for the Southern District of New York under the Federal False Claims Act and various state false claims statutes.

New Hampshire Department of Justice
1 Granite Place South | Concord, NH | 03301
Telephone: 603-271-3658