A Case on the Regulation on Reimbursement of Expenditures for the Acquisition of Medicinal Products has been Initiated
On 14 December 2012 the 2nd Panel of the Constitutional Court initiated case “On Compliance of Para 3 of Section 671 (in the wording of 28 December 2010) of the Cabinet of Ministers Regulation of 31 October 2006 No. 899 “Procedures for the Reimbursement of Expenditures for the Acquisition of Medicinal Products and Medicinal Devices Intended for Out-patient Medical Treatment” with the first sentence of Article 91 of the Satversme of the Republic of Latvia.”
Contested Norm
The contested norm provides: ”The Health Payment Centre shall refuse reimbursement of the medicinal products and medicinal devices, if […] 67.1 3. the number of patients indicated in the decision of the Health Economic Centre on including medicinal products or medical devices on List C has been reached.”
The Norm of a Higher Legal Force
The first sentence of Article 91 of the Satversme: “All human beings in Latvia shall be equal before the law and the courts.”
The Facts
The Applicant – Administrative District Court – is examining a case, in which a person has appealed the decision adopted by the Health Payment Centre (HPC) to refuse reimbursement of expenditure for the acquisition of medicinal products. The contested norm has been used to substantiate the HPC decision.
The Applicant holds that the contested norm is incompatible with the principle of equality, as it makes the decision on reimbursing expenditure for the acquisition of medicinal products dependant upon the time when the person has applied to HPC.
Legal Proceedings
The Constitutional Court has asked the Saeima to submit a reply on the facts of the case and the legal substantiation by 14 February 2013.
The term for preparing the case is 14 May 2013.
Linked case: 2012-26-03