Triennial review of medicines’ SL prices – Lessons learned from appeals won against the FOPH
14 July 2023 – In accordance with the current legislation since 2017, the Federal Office of Public Health (FOPH) reviews all medicines on the specialities list (SL) every three years to assess whether they still meet the requirements for inclusion in the SL, in particular whether they are still economical. If the latter is not the case, the FOPH orders a price reduction. Based on 18 cases that Walder Wyss has won since 2018 before the Federal Administrative Court and the Swiss Federal Court, it becomes apparent that although the FOPH has wide discretion as to the triennial price review, it is worthwhile to carefully examine the FOPH’s argumentation in each individual case.
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