Health (Pricing and Supply of Medical Goods) Act 2013

17.

Establishment, etc. of Reimbursement List.

17.— (1) Subject to subsection (5), the Executive shall, on and from the commencement of this section, establish and publish on its Internet website, and maintain in accordance with sections 18 and 21 , a list (in this Act referred to as the “Reimbursement List”), in such form, subject to subsection (2), as it thinks fit, of drugs, medicines and medical and surgical appliances for the purposes of section 59 of the Act of 1970.

(2) The Reimbursement List shall specify—

( a) the ingredient cost of each listed item which is a medicinal product,

( b) the reimbursement price of each listed item which is a medical device, a foodstuff for a particular nutritional use or a dietary food for a special medical purpose, and

( c) if 2 or more listed items fall within the same group of interchangeable medicinal products for which a reference price has been set, the reference price.

(3) The Executive shall arrange for that part of its Internet website which contains the Reimbursement List to ordinarily be accessible by members of the public.

(4) In any legal proceedings, a certificate signed by the chief executive officer of the Executive, or an employee of the Executive authorised by the chief executive officer to give a certificate under this subsection, stating that a drug, medicine or medical or surgical appliance specified in the certificate—

( a) is a listed item,

( b) is not a listed item,

( c) was, at a specified date or during a specified period, a listed item,

( d) was not, at a specified date or during a specified period, a listed item, or

( e) has never been a listed item,

shall, without proof of the signature of the person purporting to sign the certificate or that the person was the chief executive officer of the Executive, or an employee of the Executive so authorised, as the case may be, be evidence, unless the contrary is proved, of the matters stated in the certificate.

(5) A drug, medicine or medical or surgical appliance that was, immediately before the commencement of this section, listed on any list of drugs, medicines or medical or surgical appliances maintained by the Executive for the purposes of section 59 of the Act of 1970 shall, on that commencement, be deemed to be listed on the Reimbursement List, and any conditions to which the drug, medicine or medical or surgical appliance concerned was, immediately before that commencement, subject, shall also be deemed to be attached to the listing on the Reimbursement List of that drug, medicine or medical or surgical appliance, as the case may be.