Why hasn’t Jeremy Hunt implemented the Medical Supplies (costs) Act 2017?

Kathryn Potter made this Freedom of Information request to Department of Health and Social Care

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Kathryn Potter

Dear Department of Health and Social Care,
Why hasn’t the Medical Supplies (costs) Act 2017 been implemented? This went to Royal assent in August 2017.
The NHS is being overcharged millions for Liothyronine in particular resulting in many patients being denied this crucial drug. CCG’s are blacklisting and double red flagging. Why would you not put a stop to this?

Yours faithfully,
Kathryn Potter

Our ref: DE-1131379

 

Dear Ms Potter,

 

Thank you for your correspondence of 4 May about the Medical Supplies
(Costs)
Act 2017.  I have been asked to reply.

The Act gives the Secretary of State for Health and
Social Care much stronger powers to limit the prices of generic
medicines.  The Act also gives the Secretary of State the
power to make regulations to require companies to provide information
about the
costs related to products, including the costs of manufacture.  The
information obtained will help the
Department to decide whether prices of generics are unwarranted, and will
underpin any decision to limit the price of a product.  The regulations
are expected to come into
force in July.

Your email also highlights the cost of liothyronine.  It is exactly those
concerns that made the
Department refer the manufacturer, Concordia, to the Competition and
Markets
Authority (CMA).  The CMA has
provisionally found that Concordia abused its dominant position to
overcharge
the NHS by millions for liothyronine tablets. 
The CMA has been investigating how much the pharmaceutical company was
charging for liothyronine tablets and it has found that, in 2016, the NHS
spent
more than £34 million on the drug, an increase from around £600,000 in
2006.  The amount that the NHS paid per
pack rose from around £4.46, before it was de-branded in 2007, to £258.19
by
July, an increase of almost 6,000 per cent, while production costs
remained
broadly stable.  Where companies have
breached competition law, the Department will seek damages and invest that
money back into the NHS.

I hope this reply is helpful.

Yours sincerely,

 

Jane Spencer

Ministerial Correspondence and Public Enquiries

Department of Health and Social Care

 

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Dear Department of Health and Social Care,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department of Health and Social Care's handling of my FOI request 'Why hasn’t Jeremy Hunt implemented the Medical Supplies (costs) Act 2017?'.

[ GIVE DETAILS ABOUT YOUR COMPLAINT HERE ]
The answer given just tells us information we already know. The reply does not answer the direct question of why has Jeremy Hunt not implemented the Medical Supplies (costs) Act 2007? This act went to Royal Assent in August 2017.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/w...

Yours faithfully,

Kathryn Potter

Our ref: DE-1136268

 

Dear Ms Potter,
 
Thank you for your further correspondence of 5 June about the Health
Service Medical Supplies (Costs) Act 2017.  I have been asked to reply.

I note your concerns.

 

Firstly, I must clarify that the Freedom of Information Act only applies
to recorded information such as paper or electronic archive material.  As
your correspondence asked for general information, rather than requesting
recorded information or documentation, it did not fall under the
provisions of the Act.

With regard to the Act, please note that it came into force on 1 July.

 

I hope this reply is helpful.

Yours sincerely,
 
Ola Adigun
Ministerial Correspondence and Public Enquiries
Department of Health and Social Care

 

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Please do not reply to this email. To contact the Department of Health and
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