Information on Legal Provisions

Discount obligation for so-called generic discount according to §130a (3b) of the Fifth Book of the German Social Code (SGB V)

The guideline and the associated diagram inform you about the criteria for the discount obligation i.e. generic discount according to §130a (3b) of the Fifth Book of the German Social Code (SGB V). A consensus was found on the documents between the industry associations involved and the German national association of Statutory Health Insurance Funds. For questions please contact your industry association.

With the Act on the Reform of the Market for Medicinal Products (AMNOG) of 22.12.2010, the contracting parties have according to §129 (2) of the Fifth Book of the German Social Code (SGB V), the possibility in agreement (German National Association of Statutory Health Insurance Funds (GKV-SP) and German Association of Pharmacists (DAV) jointly or each GKV-SV/DAV individually), to correct relevant billing  information  (§131 (4) sentence 5 of the Fifth Book of the German Social Code (SGB V)) and the right to seek compensation for expenses in this regard.

If a request to a supplier to change its data is unsuccessful in the opinion of the GKV-SV/DAV, they will report their changes to the IFA GmbH according to §129 (2) of the Fifth Book of the German Social Code (SGB V). In such cases, IFA GmbH will inform the affected supplier, publish the legally binding corrections and seek compensation for the expenses claimed against the supplier.

Please note: Information on generic discount are only available in German.

Leitfaden zur Definition des Generikaabschlages
Guideline to the definition of generic discount according to §130a (3b) of the Fifth Book of the German Social Code (SGB V).

Schaubild: Abschlagspflicht
Diagram to discount obligation according to §130a (3b) of the Fifth Book of the German Social Code (SGB V) - criteria for exemption.

The frame agreement on the medicinal product provisions according to §129 (2) of the Fifth Book of the German Social Code (SGB V) between the German National Association of Statutory Health Insurance Funds (GKV) and German Association of Pharmacists (DAV) can be found on the homepage of the GKV by clicking the following link (cf. Für Apotheken).

IFA Codingsystem
SecurPharm
Informationsstelle für Arzneispezialitäten – IFA GmbH