In a recent case handled by our Primary Care Appeals service, a pharmacy had appealed against the decision of NHS England and NHS Improvement (NHSEI) to recover out of pocket expenses relating to the dispensing of medicines. The pharmacy had claimed that NHSEI were stopped from claiming that the pharmacy was not due the payment. Our determination found that previous payments could not be taken to be a clear, unequivocal and unambiguous communication by NHSEI that it considered the claim has been validly made in accordance with the Drug Tariff and that a statutory framework existed for recovery of payments. A final determination confirming the level of recovery will be issued in due course.
