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Did the government overpay for hundreds of drugs? It’s complicated

Did the government overpay for hundreds of drugs? The answer hinges on an arcane bit of regulatory language that companies have interpreted to mean different things.

WASHINGTON — It looked like the watchdog had found something big — in December 2017, a government report proclaimed that drug companies might have stiffed Medicaid over a billion dollars by pricing some brand-name drugs like generics.

The report didn’t name those companies, but Mylan, maker of EpiPen, landed in hot water for similar behavior the year before. In August 2017, the company paid a $465 million settlement, facilitated by the Department of Justice, and agreed to have its pricing practices reviewed in order to resolve claims that it overcharged Medicaid for EpiPen.

Sen. Chuck Grassley (R-Iowa), one of the lawmakers who requested the report, immediately called on Medicaid to recoup the funds. And earlier this month, Alex Azar, the nominee to lead the Department of Health and Human Services, said that he was “very concerned” about the situation.

But the truth

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