ABPI to challenge NICE in court over new cost limits

The ABPI has applied for a Judicial Review over new procedures that restrict access to cost-effective medicines.

The Judicial Review has been applied for over the introduction by the National Institute for Health and Care Excellence (NICE) of an additional negotiation process for medicines that have already been assessed as cost-effective if there is a high chance that they will cost the NHS more than £20 million in the first three years of use. NICE’s own research shows that one in five new medicines will be affected.

The ABPI is also looking to reverse changes to the assessment of medicines for rare diseases, which it believes to be inappropriate and ineffective.

The new procedures have the potential to cause delays for patients waiting for treatment for a number of conditions including cancer, heart disease and diabetes. ABPI believes it should challenge these new procedures before the first medicines get caught in the system.

After raising concerns about the plans and offering to work on alternative proposals together, the ABPI is now seeking to challenge the NICE decisions in the courts.

Mike Thompson, chief executive of ABPI, said: “These new arrangements will delay access to cost-effective medicines and deny treatments to patients suffering from rare diseases. After many months of raising concerns with NICE, NHS England and the Department of Health and offering to work constructively on alternative proposals, we have applied to formally challenge these proposals in court.

"​We believe this to be the right course of action due to the potential damage these changes will cause to NHS care and on our ability to research, develop and use new medicines here in the UK. We hope that the Government will reverse the changes and work with us to find a solution that works for everyone.”

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This story was first published in digitalhealth.net

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