NHS Prescription Fraud

ralam · 16 March 2017 at 7:39PM

I had a HC2 exemption form that meant I got free prescriptions. That expired over two years ago. Since then I have bought my medication from the local pharmacy.

Recently the doctor electronically sent the a prescription to the pharmacy. Without my permission they delivered the prescription to my home. I didn't realize straight away and obviously this meant I didn't pay for it.

Soon after I get a penalty charge notice saying that I did prescription fraud and I am asked to pay over £100.

I called the NHS prescription department and they said they can't help me and that if I can get the pharmacy to admit liability then they can pay the charge for me. The pharmacy are not admitting liability.

These are my main points of concern

1. The pharmacy does not need to see continued record of exemption during the validity of the certificate.
-Validity being the main point. The certificate expired over two years ago and so was not valid, and as such they would need to see proof of exemption right?

2. Since July 2016, the pharmacy is required by its terms of use to inform me during every transaction that because they didn't see my certificate of exemption, NHS will routinely do fraud checks.
- They didn't inform me of this.
-Had they informed me of this I would have been able to remind them that I pay for my prescriptions and I am not exempt.

3. They said it is my responsibility to inform them that I do not hold a HC2 exemption letter.
- Wouldn't me paying for prescriptions after the HC2 expired imply that I am no longer exempt, especially since they need to check this when they fill out the prescription.

I just want to know where I stand, because i honestly think the pharmacy are liable.

marliepanda · 16 March 2017 at 7:50PM

I'm mostly ignoring the vast majority of your post.

When the prescription arrived and you thought, by gosh I didnt pay my £8.xx for this, what did you do?

Did you sit and do nothing, or did you call and say 'Hello Mr Pharmacy, I appreciate the delivery service however i pay for my scripts and can I please make arrangement to pay for this one.'

If you did nothing, then youve got no one but yourself to blame.

Flugelhorn · 16 March 2017 at 8:13PM

there is a section on the back of the prescription where the dispenser signs to say they have not seen evidence of exemption. Did they sign this bit?

In our dispensary we don't allow any free meds unless we have evidence - we keep photocopies of people's cards etc and check the dates

tensandunits_2 · 16 March 2017 at 8:15PM

I always try to avoid the pharmacy automated services. I just don't trust them to get it right, I'm afraid.

OP unfortunately I think they've got you on this one. The chemist is morally in the wrong, as they filled out the exemption without you knowing, but it will count against you if you didn't question it and just took the free prescription.

Marktheshark · 16 March 2017 at 8:34PM

You WRITE, that is a letter not an E-mail or telephone call to the pharmacy and state clearly that due to their mis administration you have received a penalty charge .
You give them 14 days to either reimburse you or contact the department to admit their mistake or you will issue county court proceedings for the loss caused by their negligence.

teddysmum · 16 March 2017 at 9:36PM

I can't understand how you had a prescription delivered yet didn't know about it as a signature is required (two in my case as Tramadol is a controlled drug) or did a family member sign for it ?

Dullville · 17 March 2017 at 1:15AM

Marktheshark wrote: »

You WRITE, that is a letter not an E-mail or telephone call to the pharmacy and state clearly that due to their mis administration you have received a penalty charge .
You give them 14 days to either reimburse you or contact the department to admit their mistake or you will issue county court proceedings for the loss caused by their negligence.

Absolute rubbish..the OP should of A. not accepted delivery of prescription B. or on receipt of said delivery when "remembered" they should be paying for there prescription should of immediately rang chemist and informed them of there mistake, at least the OP would then have a clear conscience.
I for one think the OP thought they had a right result and some one had royally messed up and weren't going to say anything about the free prescription, unfortunately tho it hasn't...Shame.

marliepanda · 17 March 2017 at 1:47AM

teddysmum wrote: »

I can't understand how you had a prescription delivered yet didn't know about it as a signature is required (two in my case as Tramadol is a controlled drug) or did a family member sign for it ?

Of course they knew they just mean that they had absolutely no idea they hadn't paid for it. It makes no sense either way. It didn't magically turn up in their house

TELLIT01 · 17 March 2017 at 8:59AM

marliepanda wrote: »

Of course they knew they just mean that they had absolutely no idea they hadn't paid for it. It makes no sense either way. It didn't magically turn up in their house

The only way 'not knowing' would make any sense is if the delivery was signed for by a family member who then put the medication with other existing meds. In that scenario the OP might not realise they had arrived.
I wasn't aware that pharmacies delivered prescriptions to the home address unless they had been specifically requested to do so.

Marktheshark · 18 March 2017 at 10:38PM

Dullville wrote: »

Absolute rubbish..the OP should of A. not accepted delivery of prescription

Heaven forbid you ever fall upon this sword of judgment you swing on behalf of authority and find yourself in a position you need medications to survive life itself.

To even suggest someone could turn away medication they need to make it from one day to the next and then to castigate them as a criminal when it is quite clear that the pharmacy have made a mistake here.

One day if your time comes and you are in a position if illness and requiring medication to live you will understand that clerical errors by incompetent pharmacies come quite low on your list of priorities.

Peace.

TELLIT01 · 18 March 2017 at 10:56PM

The situation stated by the OP is starting to make a little more sense, following my trip to my local pharmacy yesterday. They told me that 'the system is changing' and I would have to nominate a pharmacy for my prescription to be sent to electronically, rather than collecting the paper version from the surgery.
If this has already been implemented where the OP lives, and prescriptions are then being delivered to the home address, the pharmacy should know that the OP no longer qualified for free prescriptions.
I accept that the OP should have done more when the error was noticed, but the pharmacy should also accept a level of responsibility for delivering the prescription without either ensuring the OP did qualify, or requesting payment on delivery.
If the OP has been paying for prescriptions for the past 2 years, it isn't their fault that the pharmacy got things wrong in the first place.

NHS Prescription Fraud

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