全民健康保險價量協議法律問題分析

Price-volume agreements (PVAs) are negotiations between pharmaceutical companies and the government or payer in a national healthcare system. The government or payer can ask price cuts or rebates when the actual sales exceed a forecasted volume. PVAs have been adopted internationally in recent years. In Taiwan, PVAs are still in an early stage of development, and their legal status has not been clearly defined by the National Health Insurance Act. This essay argues that PVAs should be regarded as a subtype of administrative contracts from legal and policy perspectives. To ensure PVAs' legal validity, the National Health Insurance Administration should reexamine existing PVAs and correct some clauses.