WASHINGTON – Tuesday, October 31, 2017 Sen. Chuck Grassley wrote to Iowa Attorney General Tom Miller seeking further details and accompanying documentation regarding the state’s receiving $1.5 million as part of a Justice Department settlement with Mylan over EpiPen’s apparent misclassification under Medicaid’s Drug Rebate Program.
“The cost of EpiPen hit home for a lot of Iowans which is why I have written you on several occasions out of concern that Iowa be made whole from the settlement,” Grassley wrote to Miller. In his letter to Miller, Grassley asked if the Attorney General’s office has asked Mylan to waive its confidentiality to pricing information, which Miller has previously cited as reason for not knowing how much financial compensation Iowans were owed.
In a previous response to Grassley, Miller said that once the National Association of Medicaid Fraud Units reached a settlement with Mylan, it would send Iowa a “settlement packet which includes the proposed settlement agreement, a preliminary distribution of proceeds from the settlement for each state, and a confidential transmittal memorandum” to explain how the settlement amount was calculated.
“As you are aware, the Committee has been investigating Mylan’s misclassification of its EpiPen,” Grassley wrote to Miller. “In light of that, it would be helpful to the Committee’s investigation to review the documentation your office has been provided. Accordingly, please provide all records from the settlement packet and please explain how your office determined that $1.5 million is fair and just compensation for the state of Iowa.”
Grassley previously sought clarification regarding the state’s ability to determine the cost to Iowans for EpiPen’s misclassification. Grassley has said the Justice Department’s settlement with Mylan is a disappointment to taxpayers.
The letter can be found here