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[Legal boundaries of negative and positive lists]
1Rechtsanwaltsbüro Schön, Nolte, Finkelnburg & Clemm, Berlin.
Abstract:
Positive lists comprise only a limited number of medicines destined for reimbursement by the health insurance companies. Intentions to publicize those lists at federal and provincial levels failed for constitutional reasons. Negative lists--on the other hand--as prepared by health insurance companies are admissible as long as they are--among other things--open for changes according to the scientific progress. Medicines being incorporated into a negative list can be prescribed but are not reimbursable.