UK pharma companies sue NHS over restrictions on medicine funds

UK pharmaceutical companies are suing the NHS's drugs watchdog over a new rule, which came into effect in April.

Under the new rule, medicines already judged good value of money could have their funding restricted it they cost the health services over £20 million a year. The medicines had been evaluated by the National Institute for Health and Care Excellence (NICE).

The Association of the British Pharmaceutical Industry (ABPI) claims the rule contravenes ''the fundamental right to access to cost-effective medicines''.

According to NICE this will affect one in five new medicines produced by the pharmaceutical industry each year and will impact most of the big drug manufacturers.

The Telegraph quoted ABPI chief executive Mike Thompson, ''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."

The judicial review is expected to receive its first High Court hearing in the next few weeks.

Meanwhile, according to Press Association, ''Even when a drug has been approved by the National Institute for Clinical Excellence (Nice) – which already has strict rules on affordability – bosses at NHS England can now slow down its delivery to patients for three years or more."

At present, the NHS has 90 days to make Nice-approved drugs available.

NHS England said the scheme meant it had more time to negotiate with drug firms to lower the cost of the treatments. But health charities have objected strongly to the move and said NHS England will also restrict access to certain groups of patients.