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Not only NICE approved drugs which some Trusts choose exclude but also treatments such as bariatric surgery [1].In the gounds drafted for judicial review, it was initially argued that"PCT's prior approval policy was irrational in not following the NICE guidance" but the same was not pursued before the judge[1]. Though the appeal court felt [1](at para.14), it was sensible, not to pursue such ground,given the "legal obligation to provide funding for medicines approved by NICE"[2],there is considerable force in the argument that Trusts have a similar obligation to follow NICE's guidance in relation to treatment procedures including bariatric surgery. Perhaps, denial of IVF treatment to some couples[3] and NICE's guidance in this regard will also continue to be a contentious issue and thus, would merit further legal clarity.
If this refers to just Technology Appraisals then fair enough, but hopefully not also to guidance - if so consider NICE's credibility re pregabalin and the neuropathic pain guidance - I know of several PCTs which did not agree with this.
Re: Trusts will not be able to exclude drugs approved by NICE from formularies, says Lansley
Not only NICE approved drugs which some Trusts choose exclude but also treatments such as bariatric surgery [1].In the gounds drafted for judicial review, it was initially argued that"PCT's prior approval policy was irrational in not following the NICE guidance" but the same was not pursued before the judge[1]. Though the appeal court felt [1](at para.14), it was sensible, not to pursue such ground,given the "legal obligation to provide funding for medicines approved by NICE"[2],there is considerable force in the argument that Trusts have a similar obligation to follow NICE's guidance in relation to treatment procedures including bariatric surgery. Perhaps, denial of IVF treatment to some couples[3] and NICE's guidance in this regard will also continue to be a contentious issue and thus, would merit further legal clarity.
References
[1]http://www.bailii.org/ew/cases/EWCA/Civ/2011/910.html
[2]BMJ 2012;344:e366
[3]http://www.dailymail.co.uk/health/article-1028430/Infertile-couples-deni...(accessed 24.1.12)
Competing interests: No competing interests