38AFive Year Limit on Payment of Pharmaceutical Reimbursement

38A  Five Year Limit on Payment of Pharmaceutical Reimbursement

 (1) Unless the Commission is of the opinion that there are special circumstances, a pharmaceutical reimbursement shall not be paid in respect of co‑payments incurred by a person more than 5 calendar years before the Commission decision to accept financial responsibility for the pharmaceutical reimbursement for the person.

 (2) If the Commission decides there are special circumstances in relation to a person, then it is to determine a date on and from which co‑payments are to be counted for the pharmaceutical reimbursement for the person.