Tratamiento farmacéutico en hospital sin necesidad de internamiento: responsabilidad del ISFAS o del Sistema de Salud; a propósito de la STS, Contencioso administrativo, de 1 de julio de 2020

Abstract

The non-renewal of the Agreement signed in 1986, by which the INSS and the TGSS undertook to provide health care to ISFAS beneficiaries who exercised the option in this respect, has not ceased to provoke controversy. The time that has elapsed, and the substantial regulatory changes that have occurred, are fertile ground for a disagreement, that on this occasion concerns the pharmaceutical expenditure for this type of care provided on the basis of a dispensing order. The non-existence of this type of specialized care at the momento of the signature, together with the transfer of competences from the Social Security to the regional health systems, make the principle of equal treatment leads to demand for unification of doctrine on who has to bear the cost.