The National Institute for Health and Care Excellence (NICE) has today published an updated guide to the technology appraisal appeal process. The updated process guide will come into effect from 18 February 2014. The new guide introduces changes to the appeal process as a result of the new Health and Social Care Act. New elements introduced in the updated guide include:
- Highly Specialised Technologies – the appeal process now also applies to the highly specialised technologies programme.
- Grounds of Appeal – the updated guide revises the original three grounds of appeal into two grounds as set out in the Health and Social Care Act.
- Appeal Panel composition. The Appeal Panel is now drawn from a group of individuals approved by the Secretary of State for Health. Each Appeal Panel consists of five members. The Appeal Panel is chaired by an external member who is engaged in the provision of healthcare in the NHS or someone who has experience in representing patients or carers or who is a patient or carer (patient representative). In addition to the Appeal Panel chair, one non-executive director of NICE, one NHS representative, one representative of the life sciences industry, and one patient representative will join the Appeal Panel.
- The updated guide clarifies the role of the Vice Chair of NICE in the appeal process. The Vice Chair of NICE is responsible for determining the arguability and validity of each of the appeal points lodged, and will decide if an appeal (oral or written) will be held. In doing so, he or she may take legal advice. In the absence of the Vice Chair, or where the Vice Chair is conflicted, an alternate will be nominated to act.
- Some sections of the guide has been reordered. The content remains broadly the same but the document now reads in a logical order.
The guide can be found on the technology appraisal and highly specialised technologies appeals webpage.