The High Court has rejected the ABPI’s judicial review on NICE’s implementation of the budget impact test which they introduced in April 2017, stating that it would be “absurd” if NICE had to approve medicines “even if [it] knew that the relevant health bodies would not have the money to fund” them within the time required. It also said the consultation on the decision was not “deficient”, as the ABPI had argued.
The judicial review also challenged a change to NICE’s appraisal of highly specialised technologies (HST), made at the same time as the budget impact threshold. This introduced a cost-effectiveness threshold for the first time to these treatments for very rare diseases. This challenge was also rejected.
The Board of the ABPI have decided not to appeal the ruling.