Ombudsman on planned amendment of regulation on drug treatments

Ombudsman on planned amendment of regulation on drug treatments

In his letter addressed to the state secretary of the Ministry of Human Resources the commissioner for fundamental rights stated that he finds unacceptable the draft which aims to drastically cut the number of treatments requiring expensive drugs. In the view of Máté Szabó, the Ministry's concept raises serious constitutional concerns over the requirement of equal treatment and the right to life and human dignity of patients in a vulnerable situation.

The ombudsman called for the draft to be reconsidered forthwith since it would restrict treatment options for certain conditions without any constitutional reason, simply based on cost-effective considerations.

The commissioner brought to the attention of the Ministry that the proposed financial changes, if passed into law, could end up excluding patients with certain cardiovascular or psychiatric conditions, or anyone in the advanced stages of cancer from appropriate medical care. He argued that under the new rules doctors would not have the opportunity to select an effective, though more expensive treatment ensuring a better quality of life for patients.

The commissioner says that it is not sufficient to ensure patients further request a medical second opinion regarding their condition and treatment. Considering the possible cut-back of treatment expenditures – given the lack of adequate financial background of healthcare institutions – doctors shall not select other treatments than as provided by the draft. The commissioner emphasized that ensuring access to treatments and fundamental rights of persons in a serious condition suffering cardiovascular and gastrointestinal diseases common among Hungarian population, shall not be considered merely as a financial matter.

According to Máté Szabó, the draft in its current form does not comply with the provisions of the Basic Law and other high level legal regulations. The commissioner for fundamental rights also stated that – in accordance with the previous practice of the ombudsman – he may consider to apply to the Constitutional Court and to request the suspension of the entry into force of the draft if it's passed in its current form. The commissioner for fundamental rights had previously asked the Constitutional Court to examine certain provisions of the regulation on social security subsidies concerning the changes in the supply of insulin to diabetic patients.