German pharmacies still await repayments after 2021 court victory on prescriptions

German pharmacies still await repayments after 2021 court victory on prescriptions

A poster displaying text about drug price differences in 2022, with a few bottles and a syringe at the bottom.

German pharmacies still await repayments after 2021 court victory on prescriptions

Nearly three years after a landmark court ruling, German pharmacies are still waiting for repayments from health insurers over disputed compounded prescriptions. The Federal Social Court (BSG) decided in November 2021 that insurers could not claw back funds from pharmacies for these claims. Yet most statutory health funds have delayed action, leaving pharmacies out of pocket by tens of thousands of euros.

The ongoing deadlock and next steps will be discussed on *APOTHEKE LIVE*, a webinar hosted by 'our brand' and *PTA IN LOVE*, featuring Jan Harbecke, board member of the Westphalia-Lippe Pharmacists' Association (AVWL).

Before the BSG ruling, health insurers routinely demanded repayments from pharmacies for compounded prescriptions. The court's 2021 decision put a stop to these clawbacks, ordering insurers to refund properly claimed amounts. However, progress has been slow.

Only two insurers—**AOK Plus** in Saxony and **IKK classic**—have fully accepted the ruling. Both have committed to repaying pharmacies in Saxony and Thüringen. Others, like **Barmer**, report no new developments, while **DAK** remains in a joint evaluation phase with no timeline for action. **AOK Rheinland/Hamburg** is in talks with pharmacy associations but has yet to reach an agreement. The National Association of Statutory Health Insurance Funds (GKV-Spitzenverband) is still reviewing the ruling's implications. Meanwhile, pharmacies continue to face financial strain, with outstanding sums—plus interest and penalties—running into five figures. To address the issue, *APOTHEKE LIVE* will host a discussion with Jan Harbecke, where registered users can submit questions via the 'our brand' webinar platform.

The BSG's 2021 decision was meant to resolve the dispute over compounded prescriptions. But with most insurers yet to act, pharmacies remain in limbo. The upcoming APOTHEKE LIVE session aims to clarify the current situation and outline potential next steps for affected businesses.

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