Landmark UK ruling as judge rules PrEP can be funded on NHS

pharmafile | August 2, 2016 | News story | Manufacturing and Production, Research and Development, Sales and Marketing Judge, NHS, PrEP, UK, available, ruling 

A London high court judge has ruled in favour of a challenge brought by the National Aids Trust to allow pre-exposure prophylaxis (PrEP) treatment for those at highest risk of contracting HIV to be funded by NHS England.

PrEP combines the use of preventative medication with safer sex practices to reduce the risk of contracting the HIV infection and developing AIDS. Studies have shown its efficacy in reducing HIV incidence rates among high risk groups, such as gay men. Drugs such as Gilead’s Truvada have been shown to be effective in a PrEP program but NHS England chose not to fund the once-daily pill, reported to cost £400 per person per month.

A judge has however ruled that the NHS can indeed fund such drugs, which are currently used in US, Canada, France and others. The NHS had argued that because it was a preventative measure, it was not within its bounds of responsibility.

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In his ruling, Mr Justice Green stated: “In my judgement the answer to this conundrum is that NHS England has erred in deciding that it has no power or duty to commission the preventative drugs in issue… NHS England has in any event the power under the legislation to commission preventative treatments; because it facilitates and/or is conducive and/or incidental to the discharge of its broader statutory functions.”

National Aids Trust chief executive, Deborah Gold, says: “This is fantastic news. It is vindication for the many people who were let down when NHS England absolved itself of responsibility for PrEP.  The judgment has confirmed our view – that it is perfectly lawful for NHS England to commission PrEP.  Now NHS England must do just that. 

“Over 4,000 people are getting HIV every year in the UK – we desperately need further prevention options to add to condom use.  PrEP works.  It saves money and it will make an enormous difference to the lives of men and women across the country who are at risk of acquiring HIV.  The delay to commissioning PrEP is both unethical and expensive.”

According to recently conducted research, there are around 10,000 to 15,000 people in the high-risk category for contracting HIV in the UK. UK surveys show that about 50% of gay men are interested in PrEP, but at least 25% are actively against the idea.

Writing in The Lancet the researchers, led by Professor Sheena McCormack from the Medical Research Council Clinical Trials Unit at University College London, conclude: “The impressive reduction in HIV incidence in people taking PrEP, without a measurable increase in other sexually transmitted infections, is reassuring for clinical, community, and public health stakeholders. National health services are under financial constraints, but they cannot afford to ignore the results, which strongly support the addition of PrEP to the current standard of prevention for men who have sex with men at risk of HIV infection.”

When and how PrEP may be accessed on the NHS has not yet been announced.

More to follow….

Sean Murray

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