’Test case’ on phased dispensing fees to be heard at Commercial Court
A legal row between the HSE and a pharamcy group over dispensing fees is to be heard in the Commercial Court, reports
The case taken by the HSE against DGM Pharmacies Ltd which operates the Hickey Group of pharmacies is being regarded as a test case in relation to the system of phased dispensing fees.
Mr Justice Brian McGovern who admitted the case to the big business division of the High Court was told by Eileen Barrington SC for the HSE, yesterday proceedings in twenty nine other cases have been ssued in relation to this matter.
Phased dispensing is used to prevent excessive or incorrect dosing by the patient. The idea is that instead of giving patients a month’s supply of their tablets, they are given one week’s supply at a time. The patient or a family member visits the pharmacy weekly, and the pharmacist can check on their adherence to their medication.
In a grounding affidavit, HSE Assistant National Director of the primary care reimbursement service Anne Marie Hoey said in mid 1996 a payment mechansim was established whereby enhanced dispensing fees became payable to community pharmacist contractors for general medical services patients where an item on a a single prescription fee, is dispensed across multiple supply occasions.
She said it has emerged from inspections of pharmacies within various groups including the Hickey Group that claims were allegedly made to the HSE for phased dispensing claims where supply had allegedly occurred on a single occasion.
She alleged the Hickey Group’s standard operating procedure for monitored dosage systems stated that usually a month’s supply would be provided to the patient by way of a blister pack and yet fees were allegedly charged by the Hickey Group for phased dispensing.
It is contended there has been alleged non complIance with the phased dispensing rules and it resulted in the payment of pharmicists for services that they did not provide where the HSE believed phased dispensing had taken place.
Ms Hoey said that every phased dispensing claim will be reviewed but it is estimated the overall amount due from the Hickey Group from June 2011 and August 2016 in in the region of over €5m.
She said it would appear the Hickey Group has taken remedial action so as to no longer routinely claim for phased dispensing when it provides blister packs with a month’s medication to a patient.
Separately, she said the Hickey Group has commenced propceedings againdt the HSE alleging it wrongfully witheld payment for phased dispensing as of October 2016.
