Mandatory use of applicable prices of medicinal products
Business entities purchasing and selling or issuing medicinal products must use applicable prices of medicinal products.
The applicable price of a medicinal product for human use may be:
- an exceptionally higher allowed price; the highest allowed price;
- a price lower than the maximum allowed price on the basis of the agreement under the first paragraph of Article 159 of the Medicinal Products Act (ZZdr-2);
- a price as per the second paragraph of Article 159 of the Medicinal Products Act (ZZdr-2);
- the highest allowed price with a mandatory price reduction as per Article 160 of the Medicinal Products Act (ZZdr-2), or
- a price set freely according to the market in the relevant medicinal product, if not financed from public funds or not intended for financing from public funds.
The prices as per the first to fifth indents of the preceding paragraph are the highest prices of medicinal products, whereby business entities must not sell medicinal products above this price, but may sell them below this price.
If business entities reduce the prices under the first and fifth indents of the penultimate paragraph during their validity, these prices are understood as applicable prices of medicinal products if the competent authority receives notification thereof, records these prices and publishes them on its website.
Business entities setting an applicable reduced price of a medicinal product as per the provisions of the preceding paragraph sell medicinal products which are financed from public funds or intended for financing from public funds for the period until the revocation of the price by the business entity which is recorded and published on the website of the competent authority within five business days after the revocation.
A business entity selling or issuing medicinal products sets for a medicinal product being financed from public funds the applicable price of the medicinal product which is the most cost-effective for the relevant business entity as per the second to sixth indents of the first paragraph of Article 159 of the Medicinal Products Act (ZZdr-2).