ABPI applies for Judicial Review over procedures restricting access to medicines

The Association of the British Pharmaceutical Industry (ABPI) has confirmed its application for a Judicial Review over the new procedures, from the National Institute for Health and Care Excellence (NICE), to restrict access to cost-effective medicines.

This announcement follows the publication of the story in the Financial Times, revealing the action being brought by the ABPI in relation to the new procedures from NICE. These procedures involve an additional negotiation process for medicines that — despite already being previously assessed as cost-effective — are likely to cost the NHS more than £20 million in the first three years of use.

According to a statement released by the ABPI, research from NICE has revealed that around one in five new medicines will be affected by this new procedure.

Additionally, the ABPI has stated that it is ‘seeking to reverse changes to the assessment of medicines for very rare diseases, which we believe to be inappropriate and unworkable’.

These new procedures may cause delays for patients waiting for treatment and the ABPI believes that challenging these early is important. According to its statement the ABPI has raised concerns about the plans and offered to work constructively on alternative proposals, however, it has now reluctantly taken the route of challenging the decisions by NICE in court.

“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,” asserted Mike Thompson, chief executive of ABPI. “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.”

According to a report on this matter featured in the Telegraph, the case is expected to receive its first hearing in High Court in the next few weeks.