No subsidy for non-prescription drugs

Federal Administrative Court confirms exclusion of benefits
The general exclusion of non-prescription medicines from the aid is not legally objectionable. On Thursday, 23 November 2017, the Federal Administrative Court in Leipzig ruled on the state aid ordinance (Ref .: 5 C 6.16). As a result, this means equal treatment with insured persons of the statutory health insurance companies.

No subsidy for prescription drugs. (Image: contrastwerkstatt / fotolia.com)

Specifically, the Federal Administrative Court rejected an official of the Federal Employment Agency in Bavaria. Their aid payments are governed by the Federal Subsidy Regulation, which is largely based on the regulations of the federal states. Thereafter, the subsidy will replace 50 percent of their "illness-related expenses". The other half insure civil servants mostly privately. However, non-prescription medicines are largely excluded from the aid.

In 2013, her doctor prescribed a nose and throat spray. The aid from the Federal Agency did not want to pay for this. The drug is not prescription and therefore exempt from the obligation to pay.

After unsuccessful opposition, the official moved to court. While the Administrative Court Ansbach was still right, the Administrative Court of Munich dismissed the action.

This has now been followed by the Federal Administrative Court. "The general exclusion of the eligibility of expenses for non-prescription medicines is effective," judged the Leipzig judges. "He is particularly consistent with the duty of care of the employer."

In support of this, the Federal Administrative Court referred to flanking regulations. These made sure that civil servants would not have to bear health expenses that significantly exceed their financial resources.

In certain cases, there is an exception to the exclusion of non-prescription medicines. In addition, there are upper limits for such expenditures on income. Finally, the aid could be used to pay 'if, in a particular case, the refusal to grant the aid constituted a particular hardship'. mwo / fle