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Content updated: 20-10-2021 09:42

On establishing the procedure for calculating the basic prices of reimbursable medicinal products and medical aids

15-10-2021

By its ruling of 15 October 2021, having examined the case following the petition of a group of members of the Seimas, the petitioner, the Constitutional Court recognised that the following are in conflict with paragraph 2 of Article 5 and paragraph 1 of Article 53 of the Constitution and the constitutional principles of a state under the rule of law and the separation of powers:

– the provision “The cost of medicines and medical aids shall be reimbursed on the basis of the basic prices calculated in accordance with the procedure established by the Government” of paragraph 1 (wording of 30 May 2019) of Article 10 of the Law on Health Insurance, insofar as, by means of this provision, the Government is assigned to establish the procedure for the calculation of the basic prices for the reimbursement of costs on medicinal products and medical aids;

– the provision “The basic prices of reimbursable medicinal products and medical aids, as well as patient copayments for them, shall be calculated under the procedure established by the Government” of paragraph 2 of Article 57 (wording of 19 December 2017) of the Law on Pharmacy, insofar as, by means of this provision, the Government is assigned to lay down a procedure for calculating the basic prices of reimbursable medicinal products and medical aids;

– the government resolution (No 994) of 13 September 2005 on approving the Description of the Procedure for Calculating the Basic Prices of and Patient Copayments for Medicinal Products and Medical Aids Intended for Ambulatory Treatment (wording of 17 January 2018, including all amendments thereto) and the Description of the Procedure for Calculating the Basic Prices of and Patient Copayments for Medicinal Products and Medical Aids Intended for Ambulatory Treatment (wording of 17 January 2018, including all amendments thereto), as approved by this government resolution.

This ruling of the Constitutional Court must be officially published in the Register of Legal Acts and enters into force on 2 January 2023.