Act on the Reorganization of the Pharmaceutical Market (AMNOG)
02.10.2010 10:05
The statutory health insurance funds have generally welcomed the draft law from the coalition parties on the reorganization of the pharmaceutical market. In a public hearing of the Health Committee on Wednesday, September 29, 2010, the Chairman of the Board of the National Association of Statutory Health Insurance Funds (GKV), Johann-Magnus von Stackelberg, spoke of "a step in the right direction".
Public hearing of the Health Committee of 29 September 2010:
First insights into the draft law on the reorganization of the pharmaceutical market in the statutory health insurance system – The current discussion paper of the Federal Ministry of Health
With the first and second so-called GKV-NOG (Statutory Health Insurance Reorganization Act), following the "Health Reform Act" (GRG) and the "Health Structure Act" (GSG) in 1997, policymakers aimed to guarantee the financial viability of statutory health insurance in a "third stage of health reform." Both reorganization acts were intended to strengthen joint self-governance, improve the financing basis through increased co-payments, and were considered the starting signal for structural agreements (including discount agreements) and pilot projects. Now, 13 years later, there is to be another NOG; namely, the "Pharmaceutical Market Reorganization Act," which will then be called AMNOG for short. This act—still in draft form and thus subject to the entire political amendment process—contains much of what CDU health policy expert Jens Spahn (see MVF page 12 ff.) describes at length. No wonder, since he played a key role in shaping and also co-authoring the "Law on the Reorganization of the Pharmaceutical Market in Statutory Health Insurance".
The most important changes to the social security codes can be found uncommented (and heavily abridged) in the June 7th issue of "Monitor Versorgungsforschung" (MVF 03/10), because the connections become clear from what Prof. Dr. Günter Neubauer and Jens Spahn themselves state in the current issue of Monitor Versorgungsforschung.
The following paragraphs will be changed more comprehensively; paragraphs with only minor, mostly detail-oriented or adapting word changes are not listed.
SGB V Article I:
Section 13 paragraph 2 sentence 11: …; „"In the case of cost reimbursement pursuant to Section 129 Paragraph 1 Sentence 5, no deductions are to be made for missing efficiency audits."
to be provided for, however, the discounts lost by the health insurance fund according to § 130a paragraph 8 as well as the additional costs compared to the dispensing of a drug are to be taken into account.
to be taken into account in accordance with Section 129 Paragraph 1 Sentence 4; the deductions are to be made as a lump sum.“
Section 35 Paragraph 6: ….
Section 35 Paragraph 8: ….
§ 35a (new): ….
Section 35b paragraph 1: …
Section 35b paragraph 2: …
Section 35b paragraph 4: …
Section 35c paragraph 1: …
Section 69, paragraph 2, sentence 1: …
Section 92, paragraph 2, sentence 1: …
Section 92, paragraph 2, sentence 3: …
Section 92, paragraph 2, sentences 5 and 6: …
Section 69 paragraph 2 after sentence 7: …
Section 106 after paragraph 2: …
Section 106 after paragraph 3: …
Section 106, paragraph 5b, sentence 1: …
Section 106, paragraph 5c, sentence 1: …
§ 106 after paragraph 5c, after extension
Regarding sentence 1: ….
Section 129 paragraph 1 sentence 2: …
Section 129 paragraph 1, after sentence 4: …
Section 130a paragraph 8, sentence 4: …
Section 130a, paragraph 8, sentence 6: …
§ 130b (new): ….
§ 130c (new): …
SGB V Article II:
Section 29, paragraph 3. …
§ 207 (new): …
SGB V Article IV:
SGB V Article V:
§ 1. …
§ 2. …
§ 8. …
SGB V Article VI:
§ 1. …
The almost complete documentation of the discussion draft of a "Law on the Reorganization of the Pharmaceutical Market in Statutory Health Insurance" is available to MFV subscribers as a PDF for download.
Download: Discussion draft of a law to reorganize the pharmaceutical market in
the statutory health insurance“, in short AMNOG