Hickey’s stops legal action after HSE agrees to make payments

The Hickey's pharmacy group is not going ahead with its legal action alleging the HSE is witholding payments for dispensing fees after the HSE agreed not to withhold the fees pending its own action over fees, the Commercial Court heard.

Last week, the HSE brought proceedings against DGM Pharmacies, trading as Hickey’s, over the group’s alleged non-compliance with rules governing phased dispensing of medicines by pharmacists.

Phased dispensing is used to prevent excessive or incorrect dosing by the patient.

Instead of giving patients a month’s supply of their tablets, they are given one week’s supply at a time. When the patient or a family member visits the pharmacy weekly, the pharmacist can check on their adherence to their medication.

Single occasion

The HSE alleged Hickey’s put in for phased dispensing claims where supply allegedly occurred on a single occasion.

Hickey’s was due on Monday to seek admission of its own case against the HSE alleging it had wrongfully withheld payment for phased dispensing.

However, Maurice Collins SC, for Hickey’s, said the HSE had last week sent a letter effectively stating it was no longer retaining or seeking to retain any portion of the phased dispensing payments and would pay outstanding fees due since September.

Counsel for the HSE said that letter was without prejudice to its entitlement to challenge payments made post-September 2016.

Mr Justice Brian McGovern adjourned the Hickey’s case generally with liberty to re-enter and also gave directions on how the HSE’s case is to proceed.