The Constitutional Court confirmed that pharmaceutical assistance falls within the Lea (essential levels of assistance) and therefore its definition in terms of quantity and quality falls within the competence of the state. Thus ends the dispute that began with some regional measures that had restricted the reimbursement to only one of the molecules included in the ATC group of proton pump inhibitors. In particular, the ruling No. 44 filed yesterday, state jurisdiction, establishes the illegitimacy of the rule passed by the Puglia Region in 2006, which made only the "minimum price" between the various molecules reimbursable by charging the citizen, barring particular exceptions, the difference. For the judges, it is "constitutionally illegitimate for a Region to exercise its legislative power in a matter of exclusive competence of the state legislator, in the presence of a provision placed by the latter which allows a regional intervention only under certain conditions and by means of an administrative order". In the present case, the Puglia Region, write the judges of the laws, "exercised its powers in the matter through a legislative provision, in clear contrast with the binding prescription of the state legislator, holder of an exclusive legislative power, which imposes that regional intervention can only take place through a specific legislative provision".
Pharmacist33 – 12 February 2010 – Year 6, Number 25
