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

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systematic and transparent. In her opinion few, if any, have succeeded. She<br />

contended that a sophisticated method <strong>of</strong> funding distributions related to high-<br />

cost medicines may be all for nothing if <strong>the</strong>se decisions are undermined by poor<br />

rationing and wasteful practices in a publicly funded health care delivery<br />

system.<br />

Wilkinson (2006) submitted to <strong>the</strong> review that <strong>the</strong>re are a confusing myriad <strong>of</strong><br />

moral and ethical <strong>the</strong>ories which can all be taken to endorse a formal principle<br />

<strong>of</strong> equality. <strong>How</strong>ever, when we come to elaborate <strong>of</strong> <strong>the</strong> equality principle in<br />

relation to health care, <strong>the</strong> <strong>the</strong>ories <strong>of</strong> equity become inconsistent with each<br />

o<strong>the</strong>r. Wilkinson stated that despite <strong>the</strong> confusion among equity <strong>the</strong>ories, he<br />

was less confident <strong>of</strong> a suitable high level <strong>the</strong>ory emerging in relation to high-<br />

cost pharmaceuticals than <strong>the</strong> use <strong>of</strong> intuition in particular cases.<br />

Wilkinson (2006) reiterated Ashton’s problem that <strong>the</strong> just utility <strong>of</strong> providing<br />

pharmaceuticals is only a small part <strong>of</strong> <strong>the</strong> publicly funded health care system.<br />

Wilkinson discussed <strong>the</strong> comparison <strong>of</strong> priority <strong>of</strong> health care with o<strong>the</strong>r<br />

priorities, giving <strong>the</strong> example <strong>of</strong> education. One person may have better access<br />

to health care than ano<strong>the</strong>r person’s access to education. He suggests that<br />

utilitarianism solves <strong>the</strong> problem because a rise in <strong>the</strong> utility <strong>of</strong> one person,<br />

without diminishing <strong>the</strong> utility <strong>of</strong> ano<strong>the</strong>r, raises <strong>the</strong> utility <strong>of</strong> all. <strong>How</strong>ever, <strong>the</strong><br />

utilitarian principles do not work in relation to <strong>the</strong> provision <strong>of</strong> pharmaceuticals<br />

by PHARMAC in a capped funding environment. Raising <strong>the</strong> benefits <strong>of</strong> one<br />

person by providing expensive medicines under PHARMAC’s Community<br />

<strong>Exceptional</strong> Circumstances policy may make <strong>the</strong> overall shares more unjust and<br />

less equitable for <strong>the</strong> greater number.<br />

Wilkinson suggested that PHARMAC should take consequentialist<br />

considerations as its default position and PHARMAC focus only on <strong>the</strong><br />

problems caused by this consequentialism which are directly relevant. He<br />

made this suggestion because <strong>of</strong> his assertion that every moral <strong>the</strong>ory gives<br />

some role to consequentialist considerations. A consequentialist can attach<br />

weight to equity, give priority to <strong>the</strong> worst <strong>of</strong>f or simply be a utilitarian (<strong>the</strong> best<br />

known version <strong>of</strong> consequentialism). But he also pointed out that <strong>the</strong> sufferers<br />

<strong>of</strong> ‘orphan diseases’ endured by very small numbers <strong>of</strong> people, are severely<br />

disadvantaged by PHARMAC’s use <strong>of</strong> utilitarian QALY determinations. This is<br />

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