Judiciary Committee Postpones EpiPen Hearing; Considers Tools to Compel Participation 

WASHINGTON – The Senate Judiciary Committee is postponing a hearing on the potential settlement agreement between EpiPen maker Mylan and the Obama Administration as it considers other avenues to ensure government and company witnesses participate.  Representatives from the Justice Department, the Centers for Medicare and Medicaid Services and Mylan have refused to attend the hearing to examine a reported settlement agreement as well as Mylan’s classification procedures and agencies’ authorities to prevent and respond to drug companies that misrepresent their products to the government.

“I’m disappointed in the decisions by Mylan, CMS and the Justice Department to delay accountability that American patients and taxpayers deserve. But their decision to duck appropriate scrutiny will not stop this committee’s pursuit for answers. Congress has a constitutional duty to conduct oversight and hearings are an important part of that process. Unfortunately, because of the unconventional refusal by these three entities to attend, we must now consider compelling their participation. 

“It appears that Mylan’s misclassification of the EpiPen has forced taxpayers and states to foot an unnecessarily higher bill throughout the duration of the Obama Administration, despite notifications to CMS.  Both Mylan and the Obama Administration need to answer to these issues. Americans deserve accountability, especially on decisions that impact their health and economic wellbeing.  This committee will not stop until our questions are answered and any appropriate actions are taken,” Grassley said.

The Justice Department, CMS and Mylan cited pending matters and investigations as their reasoning for not attending the hearing. However, Mylan announced a settlement with the Justice Department on Oct. 7, mentioning specific terms in the alleged settlement and drawing the issue into the public eye.  The Justice Department has said there is no “executed settlement.”  The hearing would also focus on agency authorities to prevent and address drug misclassifications and whether such misclassifications violate the False Claims Act.  These matters could be discussed without addressing specifics of any pending matter.

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