Madrid, 30 mar ( EFE).-the Government has decided to denounce to the Constitutional Court to the Junta de AndalucÃa by public auction for the selection of drugs to dispensing in pharmacies of that community, because it believes that it invades the State legislation and reduces the offer of benefits.
Thus, the Council of Ministers has decided to present a positive conflict of jurisdiction to the resolution of the Andalusian health service of January 25, 2012, which calls the selection of drugs, on the understanding that he sets a new legal regime not provided for in the State basic law before the constitutional.
The approach to this conflict entails the suspension of the Andalusian rule.
The Government believes that the new pricing mechanism reduces the established range of benefits guaranteed in Andalusia on the guaranteed by inclusion in the portfolio of common services of the national health service.
Also believes that the Board regulates the prescription of drugs without powers, to become the State who has exclusive competence in the field of pharmaceutical legislation.
The Government emphasizes that its decision is supported by a favourable opinion from the Council of State, which questions the adequacy to the competence order of the regional resolution.
La Junta de AndalucÃa made the first of these auctions last March 19.
Was awarded through public auction certain generic drugs to make them those who have to deliver when the patient arrives with a recipe that includes only the active principles, and thus save on the pharmaceutical Bill.
This mechanism, insists the Executive, clearly violates State competences and modifies the basic portfolio of services established by the State, excluding benefits that could be accessed by applying the basic rules.
