The admission by the Constitutional Court of the constitutional motion brought by the Government against Galicia Law 12/2010 of 22 December rationalization of spending by the pharmaceutical benefit that has created the prioritized list of pharmaceuticals, has led to his suspension.
The order issued by the Constitutional Court states that the Government had invoked Article 161.2 of the Constitution gives the "suspension of the operation and implementation of the contested provisions, from the date of filing of the appeal" -11 February 2011 - for parts of the process and from the day the suspension appears published in the Official Gazette for the third, which will be communicated to the presidents of the Galician regional government and parliament, which implies that after it is published in the Official Gazette, Galician Physicians may re-prescribe all medications down the national gazetteer.
The admission is based primarily on previous reports of the Council of State, which means that the Galician regulations could "break the equal access of all the English pharmaceutical benefit recognized as a common minimum by state law. " Stating that "will threaten the continuity of care of patients, from another autonomous region, should continue their treatment in Galicia."
Reports also estimated that "affect the common drug policy SNS has attributed the state as an exclusive competence, annulling their decisions on reference pricing decisions or galenic innovations ", while" compromising the cohesion of the SNS and break the unity of the drug market, making any negotiation or action for the entire State for drugs, including policies for R & D + i ".
Now the Constitutional Court must carefully analyze the Article 149.1. 1 that the constitutional legislator joined our Constitution, in order that the state prevent the deployment of autonomous powers create ruptures not tolerable (disagreements unreasonable and disproportionate). This is, as the doctrine that scientific of evidence of horizontal or cross-functional since it does not move in the logic state-law bases of regional development.
should remember that the Constitutional Court, interpreting the scope of the basic conditions of equality in different sentences (37/1987 of 26 March, 14/1998 of 22 January and 54 / 1990, among many others) has come to declare that the criteria of equality and equity in the field of health care require the government to ensure a lowest common denominator, ie a minimum but should be compatible with the development of different situations (in content , forms and application requirements).
Put another way, the principles of equality and equity as well as pursuing the uniform regulation of health care databases (basics uniform) do not enable the State to demand or require autonomous and absolute uniformity in the level of health benefits, but that all regions have more resources to reach all citizens are guaranteed equality in basic public services like health care in these cases or we'll see after the Judgement of the pharmacist.
Posted in Medical Writing on Tuesday, March 8, 2011. Number 1412. Year VII.
The order issued by the Constitutional Court states that the Government had invoked Article 161.2 of the Constitution gives the "suspension of the operation and implementation of the contested provisions, from the date of filing of the appeal" -11 February 2011 - for parts of the process and from the day the suspension appears published in the Official Gazette for the third, which will be communicated to the presidents of the Galician regional government and parliament, which implies that after it is published in the Official Gazette, Galician Physicians may re-prescribe all medications down the national gazetteer.
The admission is based primarily on previous reports of the Council of State, which means that the Galician regulations could "break the equal access of all the English pharmaceutical benefit recognized as a common minimum by state law. " Stating that "will threaten the continuity of care of patients, from another autonomous region, should continue their treatment in Galicia." Reports also estimated that "affect the common drug policy SNS has attributed the state as an exclusive competence, annulling their decisions on reference pricing decisions or galenic innovations ", while" compromising the cohesion of the SNS and break the unity of the drug market, making any negotiation or action for the entire State for drugs, including policies for R & D + i ".
Now the Constitutional Court must carefully analyze the Article 149.1. 1 that the constitutional legislator joined our Constitution, in order that the state prevent the deployment of autonomous powers create ruptures not tolerable (disagreements unreasonable and disproportionate). This is, as the doctrine that scientific of evidence of horizontal or cross-functional since it does not move in the logic state-law bases of regional development.
should remember that the Constitutional Court, interpreting the scope of the basic conditions of equality in different sentences (37/1987 of 26 March, 14/1998 of 22 January and 54 / 1990, among many others) has come to declare that the criteria of equality and equity in the field of health care require the government to ensure a lowest common denominator, ie a minimum but should be compatible with the development of different situations (in content , forms and application requirements).
Put another way, the principles of equality and equity as well as pursuing the uniform regulation of health care databases (basics uniform) do not enable the State to demand or require autonomous and absolute uniformity in the level of health benefits, but that all regions have more resources to reach all citizens are guaranteed equality in basic public services like health care in these cases or we'll see after the Judgement of the pharmacist.
Posted in Medical Writing on Tuesday, March 8, 2011. Number 1412. Year VII.
0 comments:
Post a Comment