60. The Minister shall draw up and update periodically, by regulation, after consulting the Conseil du médicament except with respect to what is specified in the sixth paragraph, a list of the medications the cost of which is covered by the basic plan. The list may also include certain supplies that the Minister considers essential for the proper administration of prescription drugs.
Only a medication from a manufacturer accredited by the Minister may be considered for entry on the list. However, the Minister may enter on the list the medication of a manufacturer who has not been granted accreditation if the medication is unique and essential.
The list shall, in particular, indicate generic names, brand names and manufacturer’s names for each medication covered by the basic plan and the conditions on which the medication may be obtained from a manufacturer or wholesaler accredited by the Minister, and the manner in which the price of each medication provided as part of the services provided by an institution in accordance with the third paragraph of section 8 is established.
The list shall also, in cases where medications are provided by a pharmacist and coverage is provided by the Board, indicate the price of the medications sold by a manufacturer or wholesaler accredited by the Minister, the manner in which the price of each medication is established, and the maximum amount, where applicable, for which payment is covered under the basic plan, in the cases and on the conditions determined by the Minister.
The list shall also contain exceptional medications the cost of which is covered by the basic plan in the cases, on the conditions or for the therapeutic indications determined in a regulation made by the Minister; the conditions may vary according to whether the coverage is provided by the Board or under a group insurance contract or an employee benefit plan.
The list shall, in addition, set out the conditions, cases and circumstances on or in which the cost of any other medication, except medications or classes of medications specified in the list, is covered.
A regulation made under this section or a correction made under section 60.2 is not subject to the requirements concerning publication and date of coming into force set out in sections 8, 15 and 17 of the Regulations Act (chapter R-18.1). The regulation or correction shall come into force on the date of its publication on the Board’s website or on any later date specified. Publication of the regulation or correction on the Board’s website imparts authentic value to the regulation or correction.
1996, c. 32, s. 60; 1999, c. 37, s. 4; 2002, c. 27, s. 22; 2005, c. 40, s. 22.