On January 13, Chamber Healthcare Committee held its regular meeting with participation of representatives of U.S.-Ukraine Business Council (USUBC) and Association of Pharmaceutical Research and Development (APRaD) moderated by Committee Co-Chairs: Vitaliy Gordienko, AbbVie Biopharmaceuticals GmbH, Guilhem Granier, Sanofi-Aventis Ukraine LLC and Borys Danevych, Marchenko Danevych.
The Agenda of the meeting was devoted to discussion of Order of the Ministry of Health of Ukraine #1423 "On Approval of the Calculation Boundary Wholesale Prices of Medicinal Products based on Reference Prices" and Resolution of the Cabinet of Ministers of Ukraine #862 "On State Regulation of Prices for Medicinal Products", analysis of their potential impact on the industry and defining next steps that might be undertaken by the industry for solving the issue.
Member Companies’ representatives expressed their concerns to be out of the market of Ukraine. Borys Danevych presented the analysis of the legal status of the mentioned regulation and demonstrated that MOH Order #1423 is not in line with the Law of Ukraine “On Prices and Pricing” which states that state regulated prices shall be economically justified (such prices shall consider manufacturing and selling expenses and profit), the state regulated prices shall include the investment component of the price and it is illegal to set state regulated prices below economically justified level without allocating respective funds from the state budget for reimbursement of the price’s difference and such price setting may be challenged in courts.
With this regards the Members of the Chamber Healthcare Committee, APRaD and USUBC agreed on the following:
1. Address the Government with the updated Position Paper of association with specific amendments proposed based on the results of the legal analysis;
2. Plan a meeting with Ulana Suprun, Acting Minister of Health of Ukraine;
3. Raise awareness about the issue within the relevant stakeholders pool: Antimonopoly Committee of Ukraine, Ministry of Justice of Ukraine, Ministry of Economic Development and Trade of Ukraine;
4. Raise awareness about the issue to Daniel Bilak, Chief Investment Advisor to the Prime Minister of Ukraine, Director of the Ukraine Investment Promotion Office (IPO);
5. Plan and hold a round table on the matter with representatives of the patients’ organizations and responsible stakeholders.