Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Article 9 of the Convention.  In reply to earlier comments by the Committee concerning contribution by victims of industrial accidents towards the costs of pharmaceutical products prescribed outside hospitalization, the Government once again indicates that the provisions of the legislation (National Health Service Act) regarding reimbursement of pharmaceutical expenses are fair to the extent that they target assistance towards those persons in the greatest financial difficulties. The Government remains convinced that the victims of occupational accidents in this category will be adequately protected by the abovementioned legislation. It further undertakes to ensure that over the course of the next three years increases in cost sharing will not exceed the inflation rate.

The Committee notes this information. It reminds the Government that any provision providing for a contribution by the victim of an occupational accident in the cost of prescribed pharmaceutical products is counter to Article 9 of the Convention. The aim of this provision is to prevent the financial consequences derived from the occupational injury being borne by the worker. In this connection information previously communicated by the Government shows that, firstly, victims of occupational injuries are not required to share in the costs of prescribed pharmaceutical products when they are in a hospital or when their revenues are beneath a certain limit and, secondly, many categories of insured persons are exempt from cost sharing in respect of pharmaceutical products, irrespective of their level of income. Taking these exemptions into account, the Committee still considers that the Government should be able to include all victims of occupational accidents, irrespective of their income level, within the category of insured persons exempt from cost sharing such that pharmaceutical assistance dispensed outside hospital is provided free of charge to all victims of industrial accidents. The Committee trusts that the Government will re-examine this question and take the measures necessary to ensure full implementation of the Convention on this point.