On April 13th, 2018 the Ministry of Health provided its explanation to heads of units on questions of healthcare by regional and Kyiv City State Administration on procurement of medicines not included to the National List of Essential Medicines (hereinafter – the National List).
Under para 11 of Resolution of the Cabinet of Ministers of Ukraine “Some Issues of State Regulation of Prices for Medicines and Medical Products” No. 333 as of March 25th, 2009 (hereinafter – the Resolution), medicines which are duly registered in Ukraine and included to the National List are procured by healthcare facilities fully or partially financed from state and local budgets. If the need in medicines included to the National List approved by the Resolution is satisfied in full, customers may procure other medicines. However, medicines included to the healthcare industry standards should be preferred.
Funds for medicines should be allocated given priority of their use: first the need in medicines included to the National List should be satisfied and later – the need in other medicines. It is necessary to adjust the volume of medicine planned to be procured with the available budget funds. It is in line with rational budget planning.
Thus, calculation of the need in medicines actually contains information for yearly procurement plan and annex thereto based on which procedures in accordance with Article 4 of the Law of Ukraine “On Public Procurement” and Order of the Ministry of Economic Development and Trade of Ukraine “On Approval of Forms of Documents in the Area of Public Procurement” No. 490 as of March 22nd, 2016 are carried out.
In accordance with Article 21(2) of the Law of Ukraine “On Public Procurement”, the anticipated price of procurement should be specified in the announcement of the open tender. According to explanation of the Ministry of Economic Development and Trade of Ukraine No. 3304-06 / 48844-06 as of December 28th, 2017, when determining the anticipated cost of the procurement, customers may take as a basis planned price of indicators which can be calculated, in particular, based on the need in the respective goods in past considering economic factors, inflation index influencing pricing at the markets of corresponding goods, etc.
The customer may procure medicines in different periods within a year observing oriented beginning of procedures determined in the yearly procurement plan. There provisions of Article 2(7) of the Law of Ukraine “On Public Procurement” should be considered.
“Now the Ministry of Health is considering the issue of amending the Resolution in order to better regulate the issue of procurement of medicines not included to the National List and other pressing issues”, notes Natalia Spivak, associate at Legal Alliance Company.
Contact the author: Natalia Spivak, associate at Legal Alliance Company, spivak@l-a.com.ua
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