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

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making process. He suggested that PHARMAC should give consideration to<br />

<strong>the</strong> procedural value <strong>of</strong> fairness in its funding decision making including <strong>the</strong><br />

values <strong>of</strong> openness, transparency, inclusiveness, responsiveness and<br />

accountability.<br />

Philosopher Raanon Gillon’s paper which was written for PHARMAC in 2006<br />

was presented by PHARMAC as background material in <strong>the</strong> discussion papers<br />

released with <strong>the</strong> review. Contrary to Moore, in this paper Gillon suggested that<br />

morally relevant inequalities, such that <strong>the</strong> greater <strong>the</strong> health care need, meant<br />

<strong>the</strong> greater <strong>the</strong> presumption <strong>of</strong> a moral obligation on <strong>the</strong> State to help meet that<br />

need. Gillon acknowledged that economists’ interpretations <strong>of</strong> this position are<br />

regularly distorted to mean some economic calculation <strong>of</strong> need. Gillon<br />

strenuously opposed this. He submitted that <strong>the</strong> principle <strong>of</strong> <strong>the</strong> greater <strong>the</strong><br />

need <strong>the</strong> greater <strong>the</strong> State obligation to meet <strong>the</strong> need should at <strong>the</strong> very least<br />

be considered by PHARMAC in its deliberations on which drugs to fund.<br />

Gillon (2009) proposed his own view that <strong>the</strong> definition <strong>of</strong> health care need<br />

should be ”health care without which one’s health is harmed” (p3). He stated<br />

that <strong>the</strong> problem with <strong>the</strong>se needs is that <strong>the</strong>y are individualised and are non-<br />

comparable between people. The provision <strong>of</strong> high-cost medicines required<br />

decision makers to make choices between incommensurables, and indeed give<br />

weights to incommensurable alternatives.<br />

PHARMAC used a cost-benefit analysis system and Gillon noted that, based on<br />

QALY’s as <strong>the</strong> basic unit <strong>of</strong> measurement <strong>of</strong> fairness, this system attempts to<br />

give weights to alternative choices. When PHARMAC compared <strong>the</strong> price <strong>of</strong><br />

one QALY in one treatment with <strong>the</strong> price <strong>of</strong> ano<strong>the</strong>r QALY in ano<strong>the</strong>r<br />

treatment, <strong>the</strong> system relied heavily on one QALY gained, being <strong>of</strong> equal value<br />

to any o<strong>the</strong>r QALY gained. Gillon cited <strong>the</strong> example <strong>of</strong> a QALY gained by going<br />

to <strong>the</strong> South <strong>of</strong> France for a holiday being treated as equivalent to a QALY<br />

gained by relieving pain or treating a cancerous tumour. Even comparing<br />

QALYs gained within healthcare, a QALY gained by an insomniac is considered<br />

equivalent to a QALY gained by a patient being treated for heart failure. Gillon<br />

thus contended that QALYs gained by a new treatment (or QALYs gained in <strong>the</strong><br />

absence <strong>of</strong> need) afforded no basis for comparing <strong>the</strong> meeting <strong>of</strong> health care<br />

64

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