WASHINGTON – The maker of EpiPen have overcharged Medicaid for two decades, two Congressmen said Thursday after getting a letter from the Centers for Medicare & Medicaid Services. Sen. Ron Wyden of Oregon and Rep. Frank Pallone of New Jersey, both Democrats, said the CMS letter backs their view that EpiPen has been misclassified as a generic drug since the fourth quarter of 1997. Since 2011, Medicaid has spent nearly $800 million on EpiPen and got the generic rebate of 13% instead of at least a 23.1% rebate. They further said the CMS expressly told Mylan the product was incorrectly classified.
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