Fresenius Kabi Sues HHS Over Classification of Blood Thinner

A generic drugmaker sued the Trump administration over allegations that the agency misclassified its drugs in a way that would force the company to pay larger rebates to the Medicaid program.

The lawsuit filed Feb. 7 in the US District Court for the District of Columbia claims that in September 2024, the Centers for Medicare & Medicaid Services decided to classify premixed bags of Fresenius Kabi’s generic version of the intravenous blood thinner heparin as a novel or “innovator” drug, even though the agency labels the same drug in vial form as generic.

Drug manufacturers contracting under the Medicaid drug ...