Pricing & Reimbursement
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Pricing & Reimbursement 2020 Third Edition Contributing Editor: Grant Castle CONTENTS Preface Grant Castle, Covington & Burling LLP General chapter Reimbursement and Funding of Hospital-Based Drug Therapies Stephen Hull, Robert Reidy & Kaytlyn Oliver, Hull Associates LLC 1 Country chapters Australia Greg Williams, Colin Loveday & Sheena McKie, Clayton Utz 16 Belgium Pieter Wyckmans & Michiel D’herde, Quinz 31 Brazil Rodrigo Augusto Oliveira Rocci, Dannemann, Siemsen Advogados 46 Canada Teresa Reguly, Eileen McMahon & Manpreet Singh, Torys LLP 59 China Nicolas Zhu, CMS China 72 France Catherine Mateu, Armengaud Guerlain 80 Germany Dr. Ulrich Reese & Carolin Kemmner, Clifford Chance 98 India Archana Sahadeva, Sahadeva Law Chambers 113 Ireland Marie Doyle-Rossi & Maree Gallagher, Covington & Burling LLP 125 Italy Sonia Selletti & Mauro Putignano, Astolfi e Associati, Studio Legale 135 Japan Kazuhiro Kobayashi, Oh-Ebashi LPC & Partners 150 Korea Kyungsun Kyle Choi & Yunjoh Lee, Kim & Chang 161 Netherlands Koosje van Lessen Kloeke, Leijnse Artz 167 Poland Agata Zalewska-Gawrych & Marta Jagodzińska, Food & Pharma Legal Wawrzyniak Zalewska Radcy Prawni sp.j. 182 Spain Jordi Faus, Lluís Alcover & Joan Carles Bailach, Faus & Moliner 188 Sweden Camilla Appelgren, Mannheimer Swartling Advokatbyrå 207 Odd Swarting, Cirio Advokatbyrå Switzerland Dr. Oliver Künzler, Dr. Carlo Conti & Dr. Martina Braun, Wenger Plattner 218 United Kingdom Grant Castle, Brian Kelly & Raj Gathani, Covington & Burling LLP 227 USA Rujul Desai, Anna Kraus & Kristie Gurley, Covington & Burling LLP 240 Ireland Marie Doyle-Rossi & Maree Gallagher Covington & Burling LLP Abstract In Ireland, State expenditure on medicines is approximately €2.7 billion per annum. For most medicines, other than medicines restricted to hospital or medical specialist use, the only route to State reimbursement is to appear on a positive reimbursement list. Other than for cancer drugs, there is a uniform application procedure to have a product added to the reimbursement list. There currently is no distinct approval pathway for rare disease medicines or hi-tech products. Ireland has an ageing population and therefore demand for medicines, especially for chronic diseases, is increasing. In recent years, the State has reformed the Irish pricing and reimbursement system and introduced a number of measures to reduce healthcare expenditure. Suppliers are also entering into novel contractual arrangements to add value and demonstrate the cost-effectiveness of their products. Despite this, suppliers face significant challenges in securing reimbursement of new medicinal products in Ireland, especially hi- tech medicines and those for rare ‘orphan’ diseases. Market introduction/overview The Irish healthcare system is a two-tier one, comprising the public healthcare system and the private healthcare system. The public healthcare system is funded by the State through taxation and social security contributions. Any person ordinarily resident in Ireland is entitled to receive healthcare through the public healthcare system. The private healthcare system is funded by private insurance and private funds. Private healthcare remains a popular option in Ireland, with around 40% of residents taking out private insurance. In Ireland, healthcare policy and expenditure are determined by the Department of Health and Children, and administered through the Health Services Executive (HSE). The HSE operates a positive reimbursement list and HSE expenditure on medicines is approximately €2.7 billion per annum. Over the past decade, the population of Ireland has increased by nearly 7% to approximately 4.8 million. The demographic ageing of the population means demand for medicines, especially for chronic diseases, is increasing. As a result, pharmaceutical expenditure is expected to grow, with key drivers for increased spending being hi-tech drugs and new hospital drugs. The pricing and reimbursement landscape in Ireland has undergone significant change in recent years. New legislation introduced a number of measures to reduce healthcare expenditure, primarily a system of generic substitution and reference pricing. The State also entered into a four-year framework agreement with industry in 2016 for the supply and pricing of medicines to help contain pharmaceutical costs. The current framework agreement is due to end in July 2020. GLI – Pricing & Reimbursement 2020, Third Edition 125 www.globallegalinsights.com © Published and reproduced with kind permission by Global Legal Group Ltd, London Covington & Burling LLP Ireland Despite the savings provided by these measures, there has been relatively little growth in the HSE budget for new medicines. Consequently, suppliers face significant challenges in securing reimbursement of new medicinal products, in particular hi-tech medicines and those for rare orphan diseases. This is compounded by the fact that there currently is no separate approval process for these products, which inevitably are deemed cost-ineffective when assessed on standard pharmacoeconomic criteria. However, even those products that are deemed to be cost-effective are facing reimbursement delays due to the lack of overall affordability for the Irish healthcare system. It remains to be seen what effect the COVID-19 pandemic will have on healthcare expenditure for innovative medicines. The high cost of new innovative drugs and delays in reimbursement are among the key challenges for market access in Ireland. Pharmaceutical pricing and reimbursement Regulatory classification There are two main supply categories of medicinal products in Ireland: (i) prescription-only; and (ii) non-prescription products. Prescription-only medicines are those which require medical supervision and are available only with a doctor’s or dentist’s prescription, and dispensed through pharmacies. Prescription-only medicines tend to be dispensed to patients by community pharmacists and are reimbursed by the State. Non-prescription medicines consist of two classes: (i) pharmacy-only products that are available under the supervision of a pharmacist; and (ii) general sale products that can, with reasonable safety, be sold without the supervision of a pharmacist. In general, non- prescription medicines are not reimbursed by the State, but certain non-prescription items are reimbursable where a doctor prescribes them. The Medicinal Products (Control of Placing on the Market) Regulations 2007 (SI 540/2007), as amended, set out the criteria for determining the legal supply status of medicinal products. Generally, new medicines may only be supplied on prescription. After several years of use of the medicine, sufficient information may be available to justify a change in its legal supply status to non-prescription supply by a pharmacist. It may also be possible for medicines previously supplied only by a pharmacist to be supplied on general sale, if appropriate. Who is/are the payors? In Ireland, the State pays for nearly 80% of all medicines through reimbursement of community pharmacists. The cost to the State of medicines dispensed in the community depends on the different reimbursement schemes an eligible patient may use. The HSE Primary Care Reimbursement Service (PCRS) operates four principal reimbursement schemes: • General Medical Services Scheme (GMS): a patient receives their medicines after paying a €2.00 per item prescription charge (up to a maximum charge of €20.00 per person or family per month) or for a patient aged over 70, the prescription charge is €1.50 per item (up to a maximum charge of €15.00 per person or family per month). The prescription charge per item for all patients is due to be reduced by €0.50 in September 2020. The pharmacist receives a dispensing fee. The GMS scheme applies to those who do not have sufficient means to pay for their medicine, while prescription charges for people in emergency accommodation are to be phased out. • Drug Payment Scheme (DPS): a patient pays a maximum of €124 per month for medicines supplied to them and their family, which is set to reduce by €10 to €114 per GLI – Pricing & Reimbursement 2020, Third Edition 126 www.globallegalinsights.com © Published and reproduced with kind permission by Global Legal Group Ltd, London Covington & Burling LLP Ireland month from September 2020. If an interchangeable medicine is supplied, the reference price is used to calculate the monthly cost. The pharmacist receives a dispensing fee. • Long Term Illness Scheme (LTI): provides medicines to patients with specific long-term medical conditions, such as diabetes, epilepsy, multiple sclerosis and cystic fibrosis, free of charge. The LTI scheme is not means-tested and therefore does not depend on a patient’s income or other circumstances. Similar to the DPS, the pharmacist receives a dispensing fee. • Hi-Tech Scheme: a patient receives expensive medicines required for long-term care and either pays the first €124 a month of the cost in accordance with the rules of the DPS, or receives the medicines free of charge, if they hold a medical card or the medicine is for a specific condition covered by the LTI. Under the hi-tech scheme, pharmacists receive a patient care fee of €62.03 per patient in the month when an item is dispensed, and €31.02 in the months where no item is dispensed. The non-dispensed patient care fee may only be paid for a maximum of three consecutive months in respect of a particular patient between each dispensing. Payments to pharmacists are regulated by the Public Services Pay