Article 16 of the text revised the law on Social security of the civil officials of the State, approved by Royal Legislative Decree 4/2000, of 23 June, establishes that the provision of health care includes the pharmaceutical provision.
On the other hand, article 13 of the text revised the law on Social security of the armed forces, approved by Royal Legislative Decree 1/2000, of 9 June, establishes that the provision of health care includes the pharmaceutical provision.
Furthermore, article 16 of the consolidated text of current legal provisions on the special regime of the Social security of the staff at the service of the administration of Justice, approved by Royal Legislative Decree 3/2000 of 23 June, establishes equally that providing health care understands the pharmaceutical provision.
After the adoption of the Royal Decree-Law 5/2000, of 23 June, on urgent measures for containment of the pharmaceutical spending, have been going on policy adjustments in order to upgrade discounts and applicable deductions on the margins of dispensing of medicaments for human use in pharmacies in order to contain the growth of public spending on health.
Currently, and developing provisions in article 90.1 of law 29/2006, of July 26, guarantee and rational use of medicines and medical devices, the Royal Decree 823/2008, of May 16, which establishing allowances, deductions and discounts corresponding to the distribution and dispensing of medicinal products for human use , available in the article 2.3 to the margins of the offices of pharmacy for prescriptions for medicinal products for human use manufactured industrially dispensed with charge to public funds be established by applying to the monthly invoice of each office of Pharmacy by such recipes a scale of deductions, calculated in accordance with paragraph 4 of the same article.
Article 2(5) provides that the Government shall regulate the procedure for applying the calculation of the aforementioned monthly turnover of pharmacies in the case of drugs dispensed with charge to the General mutuality of civil servants of the State (MUFACE), to the Judicial General mutual insurance company (MUGEJU) and the Social Institute of the armed forces (ISFAS).
So, is regular this matter based in the above mentioned legal provisions and the aforementioned regulatory standard, enabling the Government to undertake regulation of the mentioned procedure.
During the process of elaboration of this Royal Decree have been heard concerned professional corporations.
This Royal Decree has been informed by the Commission of the Government representative for Economic Affairs.
By virtue, on the proposal of the Ministers of public administration, justice and defense, according to the Council of State and after deliberation by the Council of Ministers at its meeting of December 26, 2008, available: article 1. Procedure to apply deductions on the margins of pharmacies in the billing of drugs charge to the mutualities of officials.
1. the margins of the offices of pharmacy for your prescription drugs for human use industrially manufactured and dispensed with charge to the General mutuality of civilian officials of the State, the Judicial General mutual insurance company and the Social Institute of the armed forces shall be established, in accordance with the annex to this Royal Decree, by applying to the monthly billing of each pharmacy office for these recipes considered jointly, the following scale of deductions: total sales to PVP IVA to - Euros deduction - euro rest to - EUR applicable percentage 945,97 0.00 1.275,01 8,00 1.275,01 26,32 1.706,87 9.40 1.706,87 66,92 3.516,55 10.90 3.516,55 264,17 6.087,13 13.50 6.087,13 611,20 8.637,15 14.50 8.637,15 980,95 in later 15.00 2. Monthly turnover referred to in the preceding paragraph shall be calculated in terms of selling price to the public increased the tax on the value added (VAT). With respect to submissions for drugs with retail price of more than 91,63 euros and for the purpose of this monthly billing laboratory, be excluded from the scale of deductions the amount, calculated in terms of selling price to the public with VAT included, exceed the quoted selling price of laboratory.
3 are excluded from the deductions provided for in paragraph 1 those offices of Pharmacy who for the year 2007 and monthly average have had a global subject to discounts turnover not exceeding 33.282,09 euro.
4. also, and for the exceptional cases in the national context of pharmacies of Ceuta and Melilla individual reduction factors resulting from figures of 17.55 percent and 18.74 percent discounts, shall apply respectively.
5 deduction corresponding to each mutual is the result of applying the percentage that represents each of mutuals in the monthly billing of each office of pharmacy, jointly considered three mutuals in the monthly billing.
6 maintain the provincial billing criteria set out in existing instruments of cooperation of mutual benefit societies with the collegiate pharmaceutical organization, without prejudice to provisions of this Royal Decree and, where appropriate, updating or concerted modification thereof.
Article 2. Updating of the scale.
The scale referred to in paragraph 1 of article 1 of this Decree, as well as the corrective factors set forth in paragraphs 3 and 4 of the same article will be updated pursuant to the national health system by the Royal Decree 823/2008, of 16 May.
Sole additional provision. Mechanisms of implementation and cooperation of mutual benefit societies.
By a joint resolution of the three mutual procedures, deadlines, media and precise technical requirements will be established to track the operations planned in the present Royal Decree and carry out studies for the different matters affecting the joint mutual field in this area.
That resolution would be adopted within the period of 4 months from the entry into force of this Royal Decree.
Sole transitional provision. Prices of billing to mutuals.
Billing for recipes by public funds of the special regimes of the General mutuality of civilian State officials, the Social Institute of the armed forces and the Judicial General mutual insurance company shall be carried out at old prices until after six months from the first day of the month following the entry into force of this Royal Decree.
The turnover of the month corresponding to the first day following the course of the period provided for in the preceding paragraph shall be made with the new prices resulting from the provisions of this Royal Decree.
Sole repeal provision. Repeal legislation.
The rules of equal or lower rank which is contrary to the provisions of this Royal Decree are repealed.
Sole final provision. Entry into force.
This Royal Decree shall enter into force the day following its publication in the "Official Gazette".
Given in Madrid on December 26, 2008.
JUAN CARLOS R.
The first Vice-President of the Government and Minister of the Presidency, MARÍA TERESA FERNÁNDEZ DE LA VEGA SANZ annex Guide for the calculation of turnover and the deduction corresponding to each mutual calculation of the turnover referred to in article 1(2) of this Royal Decree will be held according to the following formulas: for each office pharmacy : Joint turnover: F = Σ Fi Fi = (amount of medication dispensed with charge to recipes of mutuality i whose laboratory sales price is less than or equal to 91,63 euros).
Corresponding to each pharmacy office deduction is established from the table of article 1.1. He is done by identifying the first lowest value of a section below the monthly billing: Linf, which consists of the first column in the reference table. From this value determines the monthly deduction with the application of the following formula: Dm = (F - Linf) x percentage applicable/100 + the applicable percentage deduction and the deduction are those corresponding to the same row in which Linf is.
In the case of Pharmacy offices in Ceuta and Melilla the corresponding deduction will be the resulting from the application of the previous formula modified: DmCeuta: (100 - 17.55) / 100 * Dm DmMelilla: (100 - 18.74) / 100 * Dm for values lower than the first value of the applicable deduction Linf is 0 euros.
Corresponding to each mutual deduction is that resulting from the application of the following formula: Di: mutuality i for deduction = (Fi/F) x D.