Question to the Department of Health and Social Care:

To ask Her Majesty’s Government, further to the Written Answer by Lord O’Shaughnessy on 28 March (HL6071), whether it is the responsibility of NICE to take the decision to extend the implementation period of a new drug technology under the National Institute for Health and Care Excellence (Constitution and Functions) and the Health and Social Care Information Centre (Functions) Regulations 2013; and to what extent representations are entertained by (1) the Secretary of State for Health, and (2) NHS England in respect of such decisions.

National Health Service commissioners are legally required to fund drugs and treatments recommended in National Institute for Health and Care Excellence (NICE) technology appraisal guidance. NICE is responsible for specifying the period within which NHS commissioners are required to make funding available for a NICE recommended treatment, and the regulations provide that the funding period will normally be three months from the point of final guidance.

The regulations make provision for NICE to specify a longer funding period where there are significant barriers to implementation of a NICE-recommended technology within three months. In such cases, NICE must consult the Secretary of State, NHS England and other relevant bodies about the appropriate funding period.