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Royal Decree 2130 / 2008 Of 26 December, Which Regulates The Procedure To Apply Deductions Corresponding To The Dispensation Of Medicinal Products For Human Use With Charge To The Mutualities Of Officials.

Original Language Title: Real Decreto 2130/2008, de 26 de diciembre, por el que se regula el procedimiento para aplicar las deducciones correspondientes a la dispensación de medicamentos de uso humano con cargo a las mutualidades de funcionarios.

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TEXT

Article 16 of the recast text of the Law on Social Security of Civil Servants of the State, approved by Royal Legislative Decree 4/2000 of 23 June, provides that the provision of health care includes the pharmaceutical supply.

On the other hand, article 13 of the recast text of the Law on Social Security of the Armed Forces, approved by Royal Legislative Decree 1/2000 of 9 June, states that the provision of health care includes the pharmaceutical supply.

For its part, Article 16 of the text recast of the legal provisions in force 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, also provides that the provision of health care includes the provision of pharmaceutical products.

As of the approval of Royal Decree-Law 5/2000 of 23 June, of Urgent Measures to Contain Pharmaceutical Expenditure, regulatory adjustments have been taking place in order to update discounts and deductions. applicable on the margins of dispensing of medicinal products for human use in pharmacy offices in order to contain the growth of public health expenditure.

Today, and in development of the provisions of article 90.1 of Law 29/2006, of July 26, of guarantee and rational use of medicines and medical devices, Royal Decree 823/2008, of 16 May, for which I know establish the margins, deductions and discounts corresponding to the distribution and supply of medicinal products for human use, provided in Article 2.3 that the margins of the pharmacy offices corresponding to the prescriptions for medicinal products human use manufactured industrially dispensed from public funds will be established applying to the monthly invoice of each pharmacy office for such prescriptions a scale of deductions calculated in accordance with paragraph 4 below of the same Article.

Article 2.5 provides that the government will regulate the procedure to apply the calculation of the said monthly billing of pharmacies in the case of medications dispensed with the General Mutual Fund of Officials State civilians (MUFACE), the General Judicial Mutuality (MUGEJU) and the Social Institute of the Armed Forces (ISFAS).

Thus, it is necessary to regulate this matter on the basis of the legal provisions previously mentioned and in the regulatory rule mentioned, which enable the government to undertake the regulation of the aforementioned procedure.

During the process of drawing up this royal decree, the professional corporations concerned have been heard.

This royal decree has been reported by the Government's Delegation for Economic Affairs.

In its virtue, on the proposal of the Ministers of Public Administrations, of Justice and of Defense, in agreement with the Council of State, and after deliberation of the Council of Ministers at its meeting of the day of December 26, 2008,

DISPONGO:

Article 1. Procedure for applying deductions on the margins of pharmacy offices in the billing of medicines from the mutual funds of officials.

1. The margins of the pharmacy offices corresponding to the prescriptions of medicinal products for human use manufactured industrially and dispensed with the General Mutuality of Civil Servants of the State, the General Judicial Mutual and the The Social Institute of the Armed Forces will be established, according to the annex of this royal decree, applying to the monthly billing of each pharmacy office for these recipes, jointly considered, the following scale of deductions:

Sales to PVP VAT up to
-
Euros

deduction
-
Euros

Rest to
-
Euros

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

Forward

15,00

2. The monthly turnover referred to in the preceding paragraph shall be calculated in terms of the selling price to the public plus the value added tax (VAT). In respect of the presentations of medicinal products with a laboratory selling price exceeding EUR 91,63 and for the purposes of such monthly billing, the amount which, calculated in terms of the selling price, shall be excluded from the deduction scale public with VAT included, exceed the quoted price of the laboratory.

3. The deductions provided for in paragraph 1 shall be excluded from those offices of pharmacy which for the year 2007 and on average monthly have had a global turnover subject to discounts not exceeding EUR 33,282,09.

4. In addition, in the case of exceptional cases in the national context of the pharmacy offices of Ceuta and Melilla, there will be a reduction in the figures resulting from the discounts of 17.55 percent and 18.74 percent, respectively.

5. The deduction corresponding to each mutual benefit shall be that of the percentage representing each of the mutual funds in the monthly turnover of each pharmacy office, jointly considered by the three mutual societies in that office. monthly billing.

6. The criteria for provincial invoicing established in the instruments of collaboration in force of the mutual societies with the collegial pharmaceutical organization are maintained, without prejudice to the provisions of this royal decree and, where appropriate, of the updating or concerted modification of the same.

Article 2. Scaling up.

The scale referred to in Article 1 (1) of this royal decree, as well as the corrective factors set out in paragraphs 3 and 4 of the same article, shall be updated in accordance with the provisions of the National System Health by Royal Decree 823/2008 of 16 May 2008.

Single additional disposition. Mechanisms for the application and collaboration of mutual societies.

By joint resolution of the three mutual societies the procedures, deadlines, means and precise technical requirements will be established to carry out the follow-up of the operative previewed in the present royal decree and to carry out the relevant studies on the different extremes affecting the joint mutual scope in this field.

This resolution shall be approved within 4 months of the entry into force of this royal decree.

Single transient arrangement. Billing prices for mutual funds.

The billing of prescriptions from the public funds of the special regimes of the General Mutuality of Civil Servants of the State, of the Social Institute of the Armed Forces and of the General Judicial Mutuality shall be made at old prices until six months have elapsed from the first day of the month following the entry into force of this royal decree.

The billing for the month corresponding to the first day following the period provided for in the preceding paragraph shall be made with the new prices resulting from the provisions of this royal decree.

Single repeal provision. Regulatory repeal.

Rules of the same or lower rank that are opposed to the provisions of this royal decree are repealed.

Single end disposition. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, December 26, 2008.

JOHN CARLOS R.

The First Vice President of the Government and Minister of the Presidency,

MARIA TERESA FERNANDEZ DE LA VEGA SANZ

ANNEX

Guide to calculating joint billing and deduction for each mutuality

The calculation of the joint billing referred to in Article 1.2 of this royal decree will be performed according to the following formulas:

For each pharmacy office:

Joint Billing: F = Σ Fi

Fi = (amount of medicine dispensed from prescriptions of the i mutuality whose laboratory sales price is less than or equal to 91,63 euros).

The deduction for each pharmacy office is established from the table in Article 1.1. It is performed by identifying the first lower value of a tranche below the monthly billing: Linf, which consists of the first column of the reference table. From this value the monthly deduction is determined with the application of the following formula:

Dm = (F-Linf) x Applicable Percentage/100 + Deduction

The applicable Percentage and Deduction are the corresponding to the same row in which Linfis found.

For pharmacy offices located in Ceuta and Melilla the corresponding deduction shall be that resulting from the application of the above amended formula:

DmCeuta: (100-17 ,55 )/100 * Dm

DmMelilla: (100-18 ,74 )/100 * Dm

For values less than the first value of Linf the applicable deduction is 0 euros.

The deduction for each mutuality is the one that results from the application of the following formula:

Di: Deduction for i = (Fi/F) x D.