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In brief

With Directorial Determination No. 357/2021, the Italian Medicines Agency (AIFA) adopted a new simplified procedure for negotiating the price and reimbursement of medicines placed on the market through parallel import procedure. Those intending to use the simplified procedure must send to the AIFA the dossier indicating the price proposal, reduced by at least 7% compared to the retail price of the corresponding product already marketed in Italy.


In particular, the new procedure establishes that, upon receipt the relevant application, the AIFA shall carry out an administrative check on the documentation transmitted and communicate to the applicant any further negotiating conditions required for the conclusion of the procedure. In case the importer accepts all the requested conditions, the proposal for eligibility to reimbursement is submitted to the approval of the AIFA’s Board of Directors, which is followed by the adoption of the relevant determination.

In specific cases, such as those where it is necessary to activate a monitoring register or a conditional access to the market, the AIFA may involve its Technical-Scientific Commission and Price and Reimbursement Committee in the procedure. Furthermore, whenever the relevant drug is included in the transparency lists, the price reduction cannot result in a retail price lower than that of the relevant reference price.

Author

Roberto Cursano has been a lawyer in Baker McKenzie since September 2007. He focuses on healthcare law and compliance, and assists in tender procedures, the negotiation of public contracts and litigation before administrative courts. Mr. Cursano is a former administrative officer in the Italian Ministry of Health and helps clients work closely with the Italian Public Administration. He is admitted to the bar before the Italian Supreme Court and the Council of State. As well as training and tutoring in the master’s degree program on clinical trials of pharmaceutical products at the University of Rome Sapienza, Mr. Cursano regularly publishes articles and scientific contributions. He also frequently hosts and participates in seminars and presentations on pharmaceutical and administrative law matters.

Author

Riccardo Ovidi is an Associate in Baker McKenzie Rome office.