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What it is

Changes to drug spending, big company taxes and state guarantees

BOE step 7 of 7 · Passed

It is a royal decree-law. It was introduced on 22 August 2011. Introduced by: Gobierno.

Official title: Royal Decree-Law 9/2011, of August 19, on measures for the improvement of the quality and cohesion of the National Health System, contribution to fiscal consolidation, and raising the maximum amount of State guarantees for 2011.

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Source: Congreso de los Diputados, file 130/000046· updated 11 Nov

Automatic summary, not yet reviewed

  1. Doctors will have to prescribe by active ingredient (the generic name of the drug) instead of by brand. If a brand is prescribed, the pharmacy will dispense the lowest-priced drug in its group, unless there is a justified therapeutic need.
  2. The reference price system is reformed: what counts as a group of drugs is clarified, the reference price is set as the maximum financing amount, and high-consumption drug groups can be left out of that system and given a selected price instead.
  3. The maximum discount that distributors can give pharmacies on non-generic drugs goes up from 5 to 10 percent, and new very serious offenses are added, such as failing to supply a drug when there is a risk of shortage or distributing it outside Spain.
  4. Hospital pharmacies will be able to store and dispense drugs requiring special monitoring, and the Ministry may limit the dispensing of certain drugs to non-hospitalized patients, to avoid inequalities depending on where patients live.
  5. Small pharmacies in isolated or rural areas will receive a margin correction index, of up to 833.33 euros per month, to keep them viable and maintain the service.
  6. Large companies with revenue above 20 or 60 million euros will pay more in corporate income tax The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings. installment payments and will face limits on offsetting losses from previous years, although the maximum offset period rises from 15 to 18 years. In addition, home purchases will be taxed at 4 percent VAT until December 31, 2011, and the State may guarantee up to €92,543.56 million of the European Financial Stability Facility.

Who it affects

  • Patients of the Spanish National Health System: They will be prescribed by active ingredient and dispensed the lowest-priced drug in each group.
  • Pharmacies: New dispensing and substitution rules, plus extra financial support for the smallest ones in rural areas.
  • Drug manufacturers and distributors: New supply obligations, price limits and penalties if they cause shortages.
  • Large companies: They will pay more in corporate tax installments and face temporary limits on offsetting losses.
  • Home buyers: They will pay 4 percent VAT instead of 8 percent if they buy a home before December 31, 2011.

Words worth knowing

Principio activo (active ingredient)
The substance in a drug that produces the healing effect. It is the generic name, with no brand.
Precios de referencia (reference prices)
The maximum amount public health care will finance for a drug within a group of equivalent presentations.
Pagos fraccionados (installment payments)
Advance payments of corporate income tax that companies make during the year, before the final settlement.
Bases imponibles negativas (negative tax bases)
Losses from previous years that a company can deduct from its profits to pay less tax.
Avales del Estado (State guarantees)
A guarantee by which the State pays if an entity cannot meet its debts.
income tax
The personal income tax (IRPF in Spain): what people pay on what they earn from work, business or savings.

It summarizes the law as published in the BOE. It is written by artificial intelligence and may contain mistakes: the official text is what counts. Read the official text · How we make summaries

Where it stands

How far did it get?

It took 7 of 7 steps. It reached BOE, and today it is passed.

  1. Introduced22 August 2011Someone registers the text in the Congreso.
  2. Admitted13 September 2011The Bureau of the Congreso accepts it and, for a members’ bill, the plenary decides whether to consider it.
  3. Amendmentsno dateGroups propose changes.
  4. Committeeno dateA committee goes through the text in detail.
  5. Plenary22 August 2011All 350 deputies vote.
  6. Senateno dateThe Senate can pass it, amend it or veto it.
  7. BOEno dateIt is published in the Official State Gazette (BOE) and comes into force.
See the 4 official steps on a timeline
Aug 201111. 22 August 2011: Presentación22. 22 August 2011: Pleno Convalidación desde 22/08/2011 hasta 23/08/201133. 23 August 2011: Concluido - (Convalidado) desde 23/08/2011 hasta 13/09/201144. 13 September 2011: Calificación

Was there a plenary vote?

We have no plenary vote linked to this law in the Congreso’s data.

What happens next

What happens now?

It is law, or will be once published in the BOE. It comes into force on the date its own text sets.

Published in the BOE: Royal Decree-Law 9/2011, of 19 August, on measures for the improvement of the quality and cohesion of the national health system, contribution to fiscal consolidation, and raising the maximum amount of State guarantees for 2011.

Sources

Where does all this come from?

  • The data comes from the open files of the Congreso, the Senate and the BOE, unaltered.
  • Each deputy’s province is the one of their seat on the day of the vote.
  • We only say “passed” or “rejected” when the majority needed is certain; otherwise we say which side had more votes.

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