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§ 41. Scope of insurance cover in case of benefits for medicinal products

(1)        The health insurance fund shall, to the extent and pursuant to the procedure provided by legislation, assume an obligation to pay for the retail sale of medicinal products, infant formulae or follow-on formulae and nutrients which do not contain a source of phenylalanine (hereinafter medicinal products) which are necessary for the out-patient treatment of an insured person and are entered in the list of medicinal products of the health insurance fund (hereinafter list of medicinal products).

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

(2)        The health insurance fund shall assume an obligation to pay for a medicinal product only if the prescription issued for the medicinal product is in compliance with the conditions and format established by a regulation of the Minister of Social Affairs on the basis of the Medicinal Products Act. Family physicians operating on the basis of the practice lists of the family physicians, medical specialists and dentists holding an activity licence, doctors (except in cases of provision of emergency medical care) and dentists working for a health care provider holding an activity licence for providing specialised medical care and doctors and dentists registered with the Health Care Board and employed in the Defence Forces have the right to issue prescriptions. A doctor or dentist issuing a prescription shall be liable for the justification of the issue of the prescription and for the compliance of the prescription with legislation.

(10.12.08 entered into force 2.01.09 - RT I 2008, 58, 327)

 

(3)        The health insurance fund shall not assume an obligation to pay for the following shares of the price of a medicinal product:

1)         the basic rate of cost-sharing per prescription, and

2)         in the case of a medicinal product specified in subsection 44 (3) of this Act, the amount exceeding the maximum rate of the benefit for medicinal products per medicinal product in a prescription and, if a reference price has been established for the medicinal product, also the amount exceeding the reference price, or

3)         in the case of a medicinal product intended for the treatment or alleviation of a disease entered in the list of diseases established on the basis of subsection 44 (1) or (2) of this Act, the amount exceeding the reference price or the price provided for in the price agreement;

4)         in the case of a medicinal product specified in subsection 44 (41) of this Act, the amount exceeding the reference price or the price provided for in the price agreement;

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

(4)        In the case of the medicinal products specified in subsection 44 (3) of this Act, the amount payable on the basis of a payment obligation assumed by the health insurance fund shall be calculated on the basis of the difference between the reference price or retail price of the medicinal product and the basic rate of cost-sharing, according to the discount rate specified in the list of medicinal products, taking into account the restriction provided for in clause (3) 2) of this section.

(5)        In the case of the medicinal products specified in subsections 44 (1) and (2) of this Act, the amount payable on the basis of a payment obligation assumed by the health insurance fund shall be calculated on the basis of the difference between the reference price or the price specified in the price agreement and the basic rate of cost-sharing, according to the discount rate specified in the list of medicinal products, taking into account the restriction provided for in clause (3) 3) of this section.

(6)        In the case of the medicinal products specified in subsection 44 (4) of this Act, the amount payable on the basis of a payment obligation assumed by the health insurance fund shall be calculated on the basis of the difference between the reference price or the price specified in the price agreement and the basic rate of cost-sharing, according to the discount rate specified in subsection 44 (4) of this Act, taking into account the restriction provided for in clause (3) 3) of this section.

(61)      In the case of the medicinal products specified in subsection 44 (41) of this Act, the amount payable on the basis of a payment obligation assumed by the health insurance fund shall be calculated on the basis of the difference between the reference price or the price specified in the price agreement or the retail price of the medicinal product and the basic rate of cost-sharing, according to the discount rate specified in subsection 44 (41) of this Act, taking into account the restriction provided for in clause (3) 4) of this section.

(28.06.2004 entered into force 01.08.2004 - RT I 2004, 56, 400)

(7)        If the retail price of a medicinal product is lower than the reference price or the price specified in the price agreement, the amount payable on the basis of a payment obligation assumed by the health insurance fund shall be calculated on the basis of the difference between the retail price and the basic rate of cost-sharing.

(8)        With good reason and taking into account the criteria provided for in subsections 43 (2) and 44 (5) and (6) of this Act, the health insurance fund may, at the written request of an insured person or the legal representative thereof to which the written opinion of the doctor treating the insured person has been annexed, assume the obligation to pay a share of the retail price of a medicinal product, except for the basic rate of cost-sharing, if the medicinal product concerned is necessary for the out-patient treatment of the insured person and is entered in the list of medicinal products or has a single authorisation for import and use.