Supreme Administrative Court repeals the Mechanism for 2021 guaranteeing predictability and sustainability of NHIF’s budget
April 12, 2024
Supreme Administrative Court repeals the Mechanism for 2021 guaranteeing predictability and sustainability of NHIF’s budgetApril 12, 2024 On 10 April 2024 a panel of 5 judges from the Supreme Administrative Court (“SAC”) repealed the Mechanism for 2021 (the “Mechanism”) guaranteeing predictability and sustainability of the budget of the National Health Insurance Fund (“NHIF”). The decision of SAC is final and is not subject to appeal. Under the Mechanism, pharmaceutical companies involved in the marketing of medicinal products in Bulgaria were obliged to compensate the NHIF for 100% of the overspending related to sales of their medicinal products in 2021 that exceeded the NHIF’s approved budget for the same year. Each pharmaceutical company’s contribution to this compensation was determined proportionally based on its revenue increase compared to the previous year, with innovative pharmaceutical companies being particularly affected. As a result of the repeal of the Mechanism by the court, pharmaceutical companies that paid compensations to the NHIF under the Mechanism may claim their money back from the NHIF. Due to conflicting case law of the Supreme Administrative Court on the admissibility of such court cases for damage caused by a repealed act, the claims of the companies must be carefully considered and prepared. Key contacts
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