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Obligation to pass on advantages when dispensing medicinal products

Federal Office of Public Health

Key facts

At CHF 9.9 billion, the cost of medicinal products accounted for almost a quarter of compulsory health insurance costs in 2024. An estimate by the Swiss Federal Audit Office (SFAO) reckons that the pharmaceutical industry grants up to 8% of this amount (743 mn per year) in the form of discounts and rebates and other monetary and non-monetary benefits to medical practices, pharmacies and hospitals (service providers).

The Federal Act on Health Insurance (HIA) stipulates that service providers who receive advantages on the purchase of medicinal products must generally pass these on to insurers or insured persons (Art. 56 para. 3 let. b of the HIA). In addition, Article 55 of the Therapeutic Products Act (TPA) prohibits the acceptance or offer of undue advantages in connection with prescription medicinal products. Article 56 of the TPA requires a so-called transparency obligation: all discounts and rebates granted on purchases of medicinal products must be shown on the receipts and invoices and in the accounts of both the selling and the purchasing persons and organisations, and must be disclosed to the competent authorities on request. These statutory provisions are intended to guarantee the integrity, transparency and transfer of advantages (ITT). The Federal Office of Public Health (FOPH) has been responsible for monitoring compliance with these provisions since 2020. It has to ensure that monetary and non-monetary benefits are permissible, that they do not unduly influence prescribing and treatment practices, and that advantages are passed on to insurers or insured persons.