Pharmacists may only issue discount vaccine

With a neutral prescription, pharmacists are required to issue discount vaccines

09/05/2014

Pharmacists may only issue vaccines for which there are discount agreements, unless a specific product is indicated on the prescription. This was decided by the Regional Social Court (LSG) in Baden-Württemberg in its decision of 27 March (L 4 KR 3593/13 ER-B). A pharmacist had initially gotten right after she prevailed in the lower court the release of non-discounted vaccines. It can not be forced to issue certain prescription products without the required prescription, according to the applicant's statement of reasons. The LSG, however, assessed the legal situation differently and reversed the judgment of the lower court.

Discount agreements of the statutory health insurance are binding for pharmacists with vaccines
All statutory health insurance companies have entered into discount agreements with pharmaceutical companies. This will make medicine for the cashier cheaper. A decision of the LSG in Baden-Württemberg now underlines the validity of these contracts for vaccines: Pharmacies must also issue discount vaccines, if the recipe no discounted product is expelled, as informed by the Arbeitsgemeinschaft Sozialrecht of the German Bar Association (DAV).

A pharmacist from the district of Böblingen did not want to be forced by the General Local Health Insurance Fund (AOK) and the Association of Statutory Health Insurance Physicians to pay a certain discount vaccine without the required prescription. First, the applicant was successful. On complaint of the AOK the LSG lifted the decision of the lower instance however. For recipes that do not contain a specific vaccine, only vaccines that have discount agreements may be issued. This regulation confirmed the court.

As a general rule: Due to the discount agreements, there is no pension entitlement for insured persons with other vaccines. Nevertheless, if the doctor prescribes another product without a medical requirement, both his claim for compensation and that of the pharmacist will be canceled.

The LSG pointed out that the order of the AOK is lawful. There is no danger to their survival if the pharmacist sticks to it. Their sales of these vaccines are not as crucial in relation to total sales. In addition, there is a great public interest in strengthening the financial stability of the health insurance funds, also with the help of vaccine rebate agreements. (Ag)