HSE threatens pharmacists with legal action over dispensing

THE HEALTH Service Executive (HSE) has threatened to take legal action against pharmacists if they fail to dispense medicine under community drugs and medical card schemes in accordance with their contracts.

In a statement yesterday, the HSE said it was writing to "a number of pharmacists" to inform them of its intention to seek injunctions to "compel" them to fulfil their contracts.

The executive said it would take legal action if it did not receive assurances from the pharmacists by 5.30pm next Monday, April 21st, to the effect that the contracts would be honoured.

Last month, the HSE reduced the margin paid to pharmacists under community drugs and medicine payments schemes from 17 per cent to 8 per cent in an effort to save € 100 million in drug spending. This reduction was "a clear breach of the contract which individual pharmacists hold with the HSE," Michael Guckian, president of the Irish Pharmacy Union, said in a statement last night.

Earlier this week, more than 400 pharmacies initiated legal action against the HSE over the changes. Some pharmacists have said they intend to withdraw from their contracts on May 1st. This would mean medical card patients would have to pay for drugs and seek a refund from the HSE.

The executive has written to pharmacists to remind them that they have to give three months' notice to end their contract.

For those pharmacists who have already given notice to end their contract, the HSE says they must continue to dispense under contract until the end of the notice period.

The executive has also written to pharmacists who have not given written notice to inform them that their three-month notice period will not begin until the HSE receives termination notifications.

In both cases the notice period would run beyond the May 1st threatened withdrawal date set by the pharmacists.

Earlier this week, the HSE claimed only two pharmacies had given it notice to end contracts.

However, according to a Department of Health briefing note prepared for politicians and seen by The Irish Times, the HSE has "received notification from approximately 360 community pharmacy contractors out of 1,600 (approx) indicating their intention to either cease providing services from May 1st or otherwise are reserving their right to do so."

The HSE says it "must act appropriately to ensure that no individual or group places their own gain above the duty of care to patients". It is continuing to "explore alternative arrangements for the provision of services to patients" if the pharmacist's withdrawal goes ahead on May 1st.

"It is incredible that HSE management is focusing at this point in time on trying to intimidate individual pharmacists with legal proceedings rather than trying to find a resolution to the issue," said Mr Guckian.