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10/11/2016

Court Of Appeal Issues PReP Judgement

The Court of Appeal has ruled that the NHS in England does have the power to fund a drug which prevents HIV infection in people at high risk of the virus.

NHS England had previously said that local authorities should provide the drug – pre-exposure prophylaxis (PReP) drug – as they are responsible for preventative health. However, the court said that this fell within the remit of the NHS.

In response to Thursday's ruling, NHS England said that it welcomed the news, adding that it outlined three "important rulings".

In a statement, the organisation said: "First, it established that NHS England has the ability but not the obligation to fund PrEP.

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"Second, it means that should we decide to do so, we would not be subject to legal challenge on these grounds from rival 'candidates' for specialised commissioning funding.

"Third, it overturns the High Court in helpfully clarifying that Parliament did not intent that the NHS was expected to fund local authorities' public health responsibilities just because they have not done so."

It continued: "In the light of the Court ruling we will therefore now quickly take three actions. First, we will formally consider whether to fund PrEP.

"Second, we will discuss with local authorities how NHS-funded PrEP medication could be administered by the sexual health teams they commission.

"Third, we will immediately ask the drug manufacturer to reconsider its currently proposed excessively high pricing, and will also explore options for using generics."

NHS England said it expected to be able to provide updates on the developments shortly.

(JP/LM)

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"The Court of Appeal has ruled that the NHS in England does have the power to fund a drug which prevents HIV infection in people at high risk of the virus."