Hostname: page-component-cd9895bd7-fscjk Total loading time: 0 Render date: 2024-12-23T07:38:18.369Z Has data issue: false hasContentIssue false
  • English
  • Français

IMPACT OF HEALTH TECHNOLOGY ASSESSMENT IN LITIGATION CONCERNING ACCESS TO HIGH-COST DRUGS

Published online by Cambridge University Press:  31 July 2017

Alicia Aleman  and
Ana Perez Galan
Alicia Aleman
Affiliation:
Ministry of Health, Health Assessment [email protected]
Ana Perez Galan
Affiliation:
Ministry of Health, Health Assessment Division
Get access Rights & Permissions [Opens in a new window]

Abstract

Objectives: The impact of health technology assessment (HTA) in the judicialization of the right of health has not been deeply studied in Latin American countries. The purpose of this study is to review the process of judicialization of the access to high cost drugs in Uruguay and assess the impact HTAs have had on this process.

Methods: The methodology used for this study included a comprehensive literature search in electronic databases, local journals, internal documents developed in the Ministry of Health, as well as conducting interviews with key informants.

Results: Judicialization of the access of high cost drugs has been increasing since 2010. The strategy of the Ministry of Health of Uruguay to decrease this problem included the organization of roundtables with judges and other stakeholders on the basis of HTA, the training of defense lawyers in the use and interpretation of HTA, and the participation of a professional who develops HTA in the preparation of the defense arguments. A year after the implementation of this strategy, 25 percent of writs of protection were won by the Ministry of Health.

Conclusions: Even though the strategy implemented was effective in reducing the loss of litigations, it was not effective in reducing the growing number of writs of protection. It is essential to address this problem in a broad debate and to promote understanding between the parties.

Keywords

JurisprudenceTechnology assessment biomedicalHigh-cost technologyWrit of protection
Type
Theme Submissions
Information
International Journal of Technology Assessment in Health Care , Volume 33 , Issue 4: Mini-Theme: Stories of HTA Impact , 2017 , pp. 411 - 414
Copyright
Copyright © Cambridge University Press 2017 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

REFERENCES

1. Inahta.org [Internet]. The International Network of Agencies for Health Technology Assessment; c1993. http://www.inahta.org/ (accessed September 20, 2016).Google Scholar
2. Hailey, D (ASERNIP-S), MacPherson K (HIS), Aleman A (MSP), Bakri R (MaHTAS), for the INAHTA Working Group on HTA Influence. The Influence of Health Technology Assessment. A conceptual paper. The International Network of Agencies for Health Technology Assessment April 2014. http://www.inahta.org/wp-content/uploads/2014/03/INAHTA_Conceptual-Paper_Influence-of-HTA1.pdf (accessed September 20, 2016).Google Scholar
3. Sorenson, C, Drummond, M, Børlum Kristensen, F, Busse, R. Policy brief health systems and policy analysis. How can the impact of health technology assessments be enhanced? 2008 World Health Organization, on behalf of the European Observatory on Health Systems and Policies. http://www.euro.who.int/__data/assets/pdf_file/0019/73225/E93420.pdf (accessed September 20, 2016).Google Scholar
4. Hutton, J, McGrath, C, Frybourg, JM, Tremblay, M, Bramley-Harker, E, Henshall, C. Framework for describing and classifying decision-making systems using technology assessment to determine the reimbursement of health technologies (fourth hurdle systems). Int J Technol Assess Health Care. 2006;22:10–18.Google Scholar
5. Decreto Diario Oficial No001-2585/2006. Uruguay: Ministerio de Salud (2006).Google Scholar
6. Iunes, R, Cubillos-Turriago, L, Escobar, ML. “En breve” collection July 2012 Number 178. www.worldbank.org/enbreve (accessed September 20, 2016).Google Scholar
7. Menicucci, TMG, Machado, JA. Judicialization of health policy in the definition of access to public goods: Individual rights versus collective rights. Braz Polit Sci Rev. 2010;4:33–68 CrossRefGoogle Scholar
8. Jiménez, H. El derecho a la salud en las américas: reconocimiento constitucional y derechos afines.Presentado en el Congreso Internacional de las Ciencias Forenses (Forense ‘97), 6 al 11 de octubre de 1997, La Habana, Cuba. http://www.smu.org.uy/publicaciones/noticias/noticias91/saludas.htm (accessed August 2016).Google Scholar
9. Hanney, S, Buxton, M, Green, C, Coulson, D, Raftery, J. An assessment of the impact of the NHS Health Technology Assessment Programme. Health Technol Assess. 2007;11:iii-iv, ix-xi, 1–180.CrossRefGoogle ScholarPubMed
10. The INAHTA Working Group on HTA Impact. Published evidence on the influence of health technology assessment - A systematic review, (September 2014). The International Network of Agencies for Health Technology Assessment. http://www.inahta.org/wp-content/uploads/2014/03/INAHTA_Systematic-Review_Influence-of-HTA.pdf (accessed September 20, 2016).Google Scholar