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How does the operation of PHARMAC's 'Community Exceptional ...

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Test-Question 2<br />

“Is this distribution arranged so that it is attached to positions and <strong>of</strong>fices<br />

which are open and accountable to all?”<br />

Rawls identifies openness and accountability as necessary components <strong>of</strong><br />

distributive justice. Test-question 2 explores <strong>the</strong>se aspects <strong>of</strong> openness and<br />

accountability in PHARMAC’s <strong>operation</strong>al processes. Again <strong>the</strong> regularly<br />

occurring <strong>the</strong>mes are drawn on to give examples <strong>of</strong> PHARMAC’s performance<br />

in <strong>the</strong>se areas.<br />

PHARMAC is required to meet <strong>the</strong> highest standard <strong>of</strong> public accountability<br />

through public policy requirements <strong>of</strong> <strong>the</strong> New Zealand Public Health and<br />

Disability Act (2000), <strong>the</strong> Public Finance Act (2004), <strong>the</strong> Commerce Act (1986),<br />

<strong>the</strong> Official Information Act (1982) and <strong>the</strong> Crown Entities Act (2004).<br />

PHARMAC also has public accountability touch points o<strong>the</strong>r than legislative<br />

requirements. These touch points are PHARMAC’s annual report and audited<br />

accounts presented to Parliament, PHARMAC’s appearance before <strong>the</strong> Health<br />

Select Committee, ministerial submissions, regular meetings with <strong>the</strong> Minister<br />

<strong>of</strong> Health, responses to requests under <strong>the</strong> OIA and PHARMAC’s contribution<br />

to <strong>the</strong> Briefing to Incoming Ministers. PHARMAC has also been involved in<br />

many court challenges from members <strong>of</strong> <strong>the</strong> public and <strong>the</strong> pharmaceutical<br />

industry. PHARMAC did not resile from legal defences <strong>of</strong> its allocative policies<br />

and practices. The majority <strong>of</strong> <strong>the</strong>se legal challenges have been decided in<br />

PHARMAC’s favour.<br />

PHARMAC has an extensive website and publishes information sheets<br />

assisting public submissions on pharmaceutical schedules, news about<br />

changing medicines, notifications and consultations, forms etc. There is a<br />

section <strong>of</strong> <strong>the</strong> PHARMAC website managing public consultation and<br />

encouraging feedback from pharmaceutical suppliers, health pr<strong>of</strong>essionals,<br />

health interest groups and <strong>the</strong> general public. PHARMAC has occasionally run<br />

forums for <strong>the</strong> general public on matters which are <strong>of</strong> high public interest and<br />

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