Health Service Medical Supplies (Costs) Act 2017

JurisdictionUK Non-devolved
Citation2017 c. 23
Year2017
  • In section 164 of the National Health Service Act 2006 (remuneration for persons providing pharmaceutical services) , after subsection (8) insert—
    • “(8A) Regulations may impose requirements in relation to remuneration in respect of special medicinal products.
    • (8B) Such regulations may, for example, require determining authorities to ensure—
    • (a) that remuneration is to be calculated by reference to the outcome of prescribed procedures, or
    • (b) that determinations do not provide for or permit remuneration to be paid in prescribed circumstances.
  • Regulations may impose requirements in relation to remuneration in respect of special medicinal products.that remuneration is to be calculated by reference to the outcome of prescribed procedures, orthat determinations do not provide for or permit remuneration to be paid in prescribed circumstances.carrying out inquiries to ensure that remuneration is reasonable, orestimating an amount of remuneration that is reasonable (whether or not the estimated amount corresponds exactly to expenses in respect of which remuneration is to be paid) .by a health service body, orunder an arrangement for the supply of special medicinal products to which a health service body is a party.In subsections (8A) to (8D) —
    • health service body” has the meaning given by section 9(4) ;
    • special medicinal product” means a product which is a special medicinal product for the purposes of regulation 167 of the Human Medicines Regulations 2012 (S.I. 2012/1916) .
  • In section 88 of the National Health Service (Wales) Act 2006 (remuneration for persons providing pharmaceutical services) , after subsection (8) insert—
    • “(8A) Regulations may impose requirements in relation to remuneration in respect of special medicinal products.
    • (8B) Such regulations may, for example, require determining authorities to ensure—
    • (a) that remuneration is to be calculated by reference to the outcome of prescribed procedures, or
    • (b) that determinations do not provide for or permit remuneration to be paid in prescribed circumstances.
  • Regulations may impose requirements in relation to remuneration in respect of special medicinal products.that remuneration is to be calculated by reference to the outcome of prescribed procedures, orthat determinations do not provide for or permit remuneration to be paid in prescribed circumstances.carrying out inquiries to ensure that remuneration is reasonable, orestimating an amount of remuneration that is reasonable (whether or not the estimated amount corresponds exactly to expenses in respect of which remuneration is to be paid) .by a health service body, orunder an arrangement for the supply of special medicinal products to which a health service body is a party.In subsections (8A) to (8D) —
    • health service body” has the meaning given by section 7(4) ;
    • special medicinal product” means a product which is a special medicinal product for the purposes of regulation 167 of the Human Medicines Regulations 2012 (S.I. 2012/1916) .
    (1) Section 261 of the National Health Service Act 2006 (voluntary schemes for controlling the cost of health service medicines) is amended as follows.for “and 263” substitute “ , 263 and 264A ”,for “the purpose of” substitute “ one or more of the following purposes ”,omit the “or” before paragraph (b) , andafter paragraph (b) insert—
    • (c) providing for any manufacturer or supplier to whom the scheme relates to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of any health service medicines (whether on the basis of net prices, average selling prices or otherwise) .
    providing for any manufacturer or supplier to whom the scheme relates to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of any health service medicines (whether on the basis of net prices, average selling prices or otherwise) .(3) In subsection (4) for “either” substitute “ any ”.(4) After subsection (8) insert—
    • “(9) The Secretary of State may provide for any amount payable in accordance with a voluntary scheme by any manufacturer or supplier to whom the scheme applies to be paid to the Secretary of State within a specified period.
    • (10) Neither of the following affects any liability of a manufacturer or supplier to pay amounts to the Secretary of State arising during a period when a health service medicine was covered by a voluntary scheme treated as applying to the person or the taking of any action in relation to any such liability—
    • (a) the withdrawal of consent by the person to the scheme being treated as applying to the person;
    • (b) the giving of notice to the person under subsection (4) .
    The Secretary of State may provide for any amount payable in accordance with a voluntary scheme by any manufacturer or supplier to whom the scheme applies to be paid to the Secretary of State within a specified period.the withdrawal of consent by the person to the scheme being treated as applying to the person;the giving of notice to the person under subsection (4) .
  • For section 262(2) of the National Health Service Act 2006 (circumstances in which powers not exercisable) substitute—
  • If at any time a health service medicine is covered by a voluntary scheme applying to its manufacturer or supplier, the powers conferred by this section may not be exercised at that time in relation to that manufacturer or supplier as regards that medicine.(1) Section 263 of the National Health Service Act 2006 (statutory schemes for controlling the cost of health service medicines) is amended as follows.after “body” insert “ and any other person the Secretary of State thinks appropriate ”,for “the purpose of” substitute “ one or more of the following purposes ”,omit the “or” before paragraph (b) , andafter paragraph (b) insert—
    • (c) providing for any manufacturer or supplier of any health service medicines to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those medicines (whether on the basis of net prices, average selling prices or otherwise) .
    providing for any manufacturer or supplier of any health service medicines to pay to the Secretary of State an amount calculated by reference to sales or estimated sales of those medicines (whether on the basis of net prices, average selling prices or otherwise) .(3) After subsection (1) insert—
    • “(1A) Consultation about the proposed exercise of a power under subsection (1) must include consultation about the following—
    • (a) the economic consequences for the life sciences industry in the United Kingdom;
    • (b) the consequences for the economy of the United Kingdom;
    • (c) the consequences for patients to whom any health service medicines are to be supplied and for other health service patients.
    Consultation about the proposed exercise of a power under subsection (1) must include consultation about the following—the economic consequences for the life sciences industry in the United Kingdom;the consequences for the economy of the United Kingdom;the consequences for patients to whom any health service medicines are to be supplied and for other health service patients.(4) After subsection (5) insert—
    • “(5A) The scheme may provide for any amount payable in accordance with the scheme by any manufacturer or supplier to whom the scheme applies to be paid to the Secretary of State within a specified period.
    The scheme may provide for any amount payable in accordance with the scheme by any manufacturer or supplier to whom the scheme applies to be paid to the Secretary of State within a specified period.(5) For subsection (7) substitute—
    • “(7) If at any time a health service medicine is covered by a voluntary scheme applying to its manufacturer or supplier, the powers conferred by this section may not be exercised at that time in relation to that manufacturer or supplier as regards that medicine.
    If at any time a health service medicine is covered by a voluntary scheme applying to its manufacturer or supplier, the powers conferred by this section may not be exercised at that time in relation to that manufacturer or supplier as regards that medicine.(6) After subsection (7) insert—
    • “(8) Subsection (7) does not affect any liability of a person to pay amounts to the Secretary of State arising during a period when a health service medicine was covered by a statutory scheme applying to the person or the taking of any action in relation to any such liability.
    Subsection (7) does not affect any liability of a person to pay amounts to the Secretary of State arising during a period when a health service medicine was covered by a statutory scheme applying to the person or the taking of any action in relation to any such liability.

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