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

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and accountability, and whe<strong>the</strong>r <strong>the</strong>y are prepared to defend <strong>the</strong>ir decisions. If<br />

decisions are open and decision makers are required to declare <strong>the</strong> reasons for<br />

<strong>the</strong>ir decisions, <strong>the</strong> matters which were considered can be drawn out for anyone<br />

who has an interest in <strong>the</strong> outcome to reflect on. This test-question also asks<br />

for a discussion on accountability <strong>of</strong> <strong>the</strong> distribution and whe<strong>the</strong>r decision<br />

makers considered all people who had an entitlement to <strong>the</strong> distribution.<br />

Question 3: Is this distribution based on <strong>the</strong> efficiency <strong>of</strong> substantive<br />

opportunities and on procedural fairness in defining efficiency?<br />

This test-question seeks to find out if decision makers have considered <strong>the</strong><br />

utilitarian principles <strong>of</strong> <strong>the</strong> greatest benefit for <strong>the</strong> greatest number. In <strong>the</strong><br />

health context, <strong>the</strong> cost-utility analysis (or a variation <strong>of</strong> it) uses <strong>the</strong> international<br />

standard measurement system <strong>of</strong> QALYs to determine substantive<br />

opportunities. This test-question asks what do such determinations and<br />

comparative analyses show. The second part <strong>of</strong> <strong>the</strong> test-question asks if <strong>the</strong>re<br />

is procedural fairness in <strong>the</strong> way <strong>the</strong> analysis is conceived and undertaken.<br />

This gives decision makers an opportunity to look at how <strong>the</strong> systems work,<br />

what information is considered relevant and what is considered irrelevant, <strong>the</strong><br />

consultation that took place and <strong>the</strong> systems which were used.<br />

Question 4: Is this distribution based on information available to decision<br />

makers about <strong>the</strong> capability <strong>of</strong> this person to do things he/she has<br />

reason to value?<br />

This test-question explores <strong>the</strong> capability approach to fairness and equity by<br />

focusing on how <strong>the</strong> decisions made, or about to be made, affect people’s lives.<br />

The question opens up <strong>the</strong> debate about comparative fairness and<br />

consideration <strong>of</strong> <strong>the</strong> circumstances <strong>of</strong> a person’s life and how this person will be<br />

affected by <strong>the</strong> decisions. According to Gillon (2006) groups <strong>of</strong> decision makers<br />

do not share a perfectly matched set <strong>of</strong> values and so this discussion has <strong>the</strong><br />

potential to draw out, perhaps more than any <strong>of</strong> <strong>the</strong> o<strong>the</strong>r three test-questions,<br />

discussion on <strong>the</strong> values which drive decisions. This question focuses on <strong>the</strong><br />

consequences <strong>of</strong> decisions by requiring consideration <strong>of</strong> a person’s capability.<br />

The remedies <strong>of</strong> reducing barriers to capability may not be available to decision<br />

makers. For example in <strong>the</strong> presence <strong>of</strong> poverty, racism or sexism <strong>the</strong>se<br />

incapacities are bought into focus and decision makers are made aware <strong>of</strong><br />

<strong>the</strong>m.<br />

72

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