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

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Community <strong>Exceptional</strong> Circumstances decisions are all managed by<br />

PHARMAC and are finally arbitrated by <strong>the</strong> PHARMAC board.<br />

For this reason, PHARMAC was found to be placed in a conflicted interest in<br />

any review or investigation <strong>of</strong> its own actions. These conflicts (or even<br />

apparent conflicts) were described as PHARMAC being <strong>the</strong> arbiter on its own<br />

processes, particularly because cost containment is <strong>the</strong> strong mandate in all<br />

decision making. External review <strong>of</strong> <strong>the</strong> decisions would give unsuccessful<br />

claimants an opportunity to argue for <strong>the</strong> reversal <strong>of</strong> PHARMAC’s decisions.<br />

This proposal was strongly rejected by PHARMAC for two reasons. Firstly,<br />

PHARMAC stated that <strong>the</strong>ir Board was equivalent to a Citizens Council<br />

because it was appointed by <strong>the</strong> Minister <strong>of</strong> Health. Secondly, PHARMAC<br />

stated that it could not tolerate external review <strong>of</strong> its decisions because such a<br />

review (even advisory) would put at risk its financial performance for which it<br />

was accountable to Parliament.<br />

The NZORD interviewee suggested that PHARMAC should significantly<br />

increase <strong>the</strong> budget for Community <strong>Exceptional</strong> Circumstances. They<br />

suggested that <strong>the</strong> budget should be increased from $3 million to $8 million to<br />

position New Zealand’s scheme in line with <strong>the</strong> funding levels available for rare<br />

diseases to <strong>the</strong> Australian Benefits Scheme. PHARMAC has accepted this<br />

advice and announced an increase in funding for <strong>the</strong> new <strong>Exceptional</strong><br />

Circumstances scheme by increasing <strong>the</strong> available funding to $8 million.<br />

The PHARMAC announcement <strong>of</strong> increased funding may not necessarily assist<br />

NZORDs members to get access to <strong>the</strong> medicines <strong>the</strong>y are applying for. This is<br />

because <strong>the</strong> increase in funding also comes with a loosening <strong>of</strong> <strong>the</strong> decision<br />

making criteria under <strong>the</strong> Named Patient Pharmaceutical Assessment scheme,<br />

and it is probable that many more applications will now be received and<br />

approved for non-NZORDs members increasing <strong>the</strong> competition for <strong>the</strong> larger<br />

amount <strong>of</strong> funding.<br />

241

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