On August 19, 2020, the Federal Council decided to open the consultation procedure on the second cost containment package (indirect counter-proposal to the “cost brake initiative”). The consultation procedure will last until November 19, 2020, in which it is proposed to create the following new Art. KVG to be created:
Art. 52c Exception to the right of access to official documents
Access to official documents pursuant to Article 5 of the Public Information Act of 17 December 200 shall be denied insofar as they relate to the amount, calculation or modalities of refunds pursuant to Article 52b.
The FDPIC has already opposed this proposal turned; it was “essential that the public continue to have the opportunity to understand the FOPH’s licensing practices.”
The Explanatory Report explains the proposed legislation as follows:
Access to information on the amount, calculation and modalities of refunds under Article 52b should now be able to be denied. Excluded from access are on the one hand, the amount of reimbursement, i.e. the amount that the licensee reimburses to the insurer or the fund for reimbursements. On the other hand, access to the calculation of reimbursements is also excluded. This also affects the derivation as well as the determination of reimbursements. In this context In particular, access to the assessment of cost-effectiveness or the two pricing criteria (foreign price comparison and therapeutic cross-comparison) be excluded. It must not be possible to infer the specific amount of the refund. Finally, access to information regarding modalities in connection with the refund is denied. The scope of application of Article 52c depends on how the Federal Council specifies and concretizes Article 52b at ordinance level.
This proposal is particularly welcome as a signal that the principle of public access is generally being overstretched. This is particularly true with regard to the protection of companies’ trade secrets, which are interpreted very narrowly.