The Council of State: the Regions cannot advise against the use of medicines

Fedaisf editorial staff

October 2, 2017

The III Section of the Council of State upheld the appeal of the pharmaceutical company Roche, canceling the recommendations of the Veneto Region with which it was discouraged for operating doctors in public hospitals the use of certain oncological drugs, duly authorized by Aifa - the Italian Medicines Agency, for the treatment of ovarian and breast cancer, and falling within the essential levels of assistance (so-called Lea).

The Regions cannot limit the essential levels of assistance
In sentence no. 4546 of 29 September 2017 Palazzo Spada reaffirmed the principle according to which the Regions cannot limit the essential levels of assistance, not even by "recommending" to doctors the use of some drugs over others, assessed as less convenient in terms of cost/benefit ratio. These essential levels, in fact, must remain uniform throughout the country for the essential guarantee of the right to health (article 32 of the Constitution).

( … continua su Il Sole 24ORE del 02 October 2017)

Veneto Councilor, "I respect the state council but the state must not replace the clinicians who prescribe in science and conscience".