Mylan CEO Heather Bresch holds up a 2-pack of EpiPen as she testifies during a hearing before the House Oversight and Government Reform Committee September 21, 2016 in Washington, DC. Getty Images

Will Mylan pay, or won't Mylan pay? Mylan is refusing to say if it will begin paying much higher rebates to Medicaid for EpiPen as early as Saturday, as the big drugmaker had previously announced. If Mylan doesn't start making those higher rebates on EpiPen, it could shortchange federal and state Medicaid programs by millions of dollars each month than they otherwise might have felt entitled to. Analysts have said Mylan might owe Medicaid rebates that could be as high as nearly 99 percent of its total sales on EpiPen through Medicaid, depending on how the rebate is calculated. At the bare minimum, the new rate would be 23.1 percent of sales. That's the least amount that brand-name products are required to pay. But if it continues paying the old rate as of Saturday, Mylan would be paying rebates of just 13 percent of its sales through Medicaid, as generic products owe.

The federal Centers for Medicare and Medicaid Services last fall said that it had repeatedly told Mylan that it should have been paying the higher rate for brand-name medications. Mylan already has enjoyed a six-month grace period on paying the higher rate after announcing in October that it would pay a $465 million settlement to the U.S. Justice Department to resolve claims it had knowingly shortchanged Medicaid on rebates. CNBC reported last fall that Mylan may have otherwise owed up to $120 million in rebates during that six-month grace period, which is supposed to end Saturday. In an 8-K filing in October with the Securities and Exchange Commission, on the heels of the settlement announcement, Mylan had said, "Consistent with the recent CMS rule regarding the classification of drugs for rebate purposes, EpiPen Auto-Injector will begin being classified as an innovator drug on April 1, 2017." Innovator, or brand-name drugs, pay the higher rebate amount. That same filing also disclosed that the SEC was investigating Mylan in connection with the Medicaid Drug Rebate Program. Asked this week if Mylan would begin paying the higher rebate rate on Saturday, a company spokeswoman declined to comment. She also declined to comment on whether the higher rebate rate, whenever the company decides to start paying it, will apply to a generic version of EpiPen the company introduced several months ago. The spokeswoman, when asked why the $465 million settlement with the U.S. Justice Department has still not been finalized six months after it was announced by the company, declined to comment beyond noting that Mylan previously has said "We are working to finalize the settlement agreement."