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§ 44. Discount rates for medicinal products

(1)        A list of the diseases in the case of which a medicinal product intended for the treatment or alleviation of the disease is, upon the existence of a valid reference price or price agreement, subject to entry in the list of medicinal products with a 100 per cent discount rate shall be established by a regulation of the Government of the Republic on the proposal of the Minister of Social Affairs.

(2)        A list of the diseases in the case of which a medicinal product intended for the treatment or alleviation of the disease is, upon the existence of a valid reference price or price agreement, subject to entry in the list of medicinal products with a 75 per cent discount rate shall be established by a regulation of the Government of the Republic on the proposal of the Minister of Social Affairs. Upon sale of medicinal products entered in the list of medicinal products with a discount rate of 75 per cent, the 90 per cent discount rate applies to children between 4 and 16 years of age and persons receiving a pension for incapacity for work or an old-age pension on the basis of the State Pension Insurance Act (RT I 2001, 100, 648; 2002, 53, 336 and 338; 61, 375; 2003, 20, 116; 48, 343; 82, 549; 88, 589; 2004, 16, 120) and insured persons over 63 years of age.

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

(3)        Medicinal products which are not intended for the treatment or alleviation of diseases specified in a list of diseases established on the basis of subsection (1) or (2) of this section shall be entered in the list of medicinal products with a 50 per cent discount rate.

(4)        If a medicinal product which is entered in the list of medicinal products with a discount rate of 100 or 75 per cent is not used for the treatment or alleviation of diseases specified in a list of diseases established on the basis of subsection (1) or (2) of this section, a 50 per cent discount rate shall be deemed to be applicable to the medicinal product.

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

(41)      In the case of medicinal products entered in the list of medicinal products, the 100 per cent discount rate applies to children under 4 years of age.

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

(5)        The Government of the Republic shall establish the list of diseases specified in subsection (1) of this section on the basis of the following criteria:

1)         the gravity and life-threatening nature of a disease;

2)         the possibility of a disease spreading epidemically;

3)         the need to alleviate pain caused by a disease, and other humane considerations;

4)         conformity with the financial resources of health insurance and with the principle provided for in subsection 25 (3) of this Act.

(6)        Upon establishment of the list of diseases specified in subsection (2) of this section, the Government of the Republic shall, in addition to the criteria provided for in subsection (5) of this section, take into consideration the objective to ensure the treatment or alleviation of chronic diseases which severely impair the quality of life.

(7)        A disease shall not be entered in a list of diseases specified in subsection (1) or (2) of this section if the disease can be treated by other, cheaper methods which do not involve significantly greater risks or have any other significant adverse effects on the situation of the insured person.

(8)        A disease may be entered in the list of diseases with a condition the objective of which is to take into account the needs arising from gender, age or medical reasons.

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