New provision on the settlement of debts from rebates/clawback and other interesting provisions in the new draft bill filed by the Ministry of Health

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Nefelie Charalabopoulou

Nefelie Charalabopoulou

Partner

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Natalia Kapsi

Natalia Kapsi

Senior Associate

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The new draft bill, which has been submitted before the Greek Parliament, provides, inter alia, for two keystone provisions pertaining to the healthcare industry, and in particular:

  • According to article 10 of the draft bill, any outstanding amounts against the Greek National Health Service Organisation (EOPPY), arising from the implementation of the clawback provision for the years 2013-2019, may be paid in interest-free instalments , the number of which may extend to 120 instalments. Companies may be subject to this favorable provision for settling their debts on the condition that they waive any claim or legal remedies they have filed related to any outstanding amounts emanating from the rebate and/or clawback measures for the years 2013 until 2019.
  • According to article 11 of the draft bill, article 164 of Law 4600/2019 which provided for the transfer of the competences of the National Organisation for Medicines (EOF) with regard to the approval of the organisation and/or sponsoring of scientific events to Central Board of Health (KES.Y as per its Greek initials) is abolished and said powers shall remain with EOF. According to the reasoning report of the draft bill, the Ministry of Health, taking into account the adverse implications that this provision would bear in practice, as well as KESY's lack of know-how on this matter, decided to withdraw said provision and therefore, EOF remains the competent supervising and regulatory authority regarding scientific events.