18 December 2020
Federal Administrative Court, Decision C-303/2019 of 2 December 2020
In this decision, the Federal Administrative Court held that in the three-year-review of the cost-effectiveness of a medicinal product pursuant to Art. 65b Health Insurance Ordinance (KVV), the Federal Office of Public Health (FOPH) may deviate from the selection of comparative medicinal products made within the framework of the therapeutic cross comparison (TQV) at the time of the admission because the interest in the principle of legality prevails over that in the protection of legitimate expectations. However, the FOPH can must present substantial objective reasons.
For the full decision, see here.
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