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Dear Ben,
Prioritisation doesn't work so arbitarily like that in England.
We have national organisations like NICE who issue Technology Appraisal Guidance 
(TAG) on certain high cost drugs and medical devices, on the basis of clinical 
and cost effectiveness. The NHS is legally bound to fund them within 3 months of 
a positive NICE TAG, but will not fund them if the TAG is negative.
But there are lots of drugs and devices that NICE does not pronounce judgment 
on, because they don't have the capacity and resources to do so.
Then this is what happens.
You need to remember a couple of things before you read on, because it will give 
you the context in which we NHS Commissioners operate. Firstly the commissioners 
are allocated their fixed annual budget (from the beginning of April to end of 
March the following year). Secondly, the commissioners are statutorily bound by 
law not to exceed their annual budget by even an extra penny (they have to 
remain within their allocated resource limit). It's the classical case of 
Charles Dickens's Mr Micawber in David Copperfield - income 20 shillings; 
expenditure 19 shillings 6 pence; result happpiness/ income 20 shillings; 
expenditure 20 shillings 6 pence; result misery.
Let's suppose you are a consultant who wishes to use a new drug A or device B 
which has not been NICE'd. We consider that as a 'service development'. So, you 
will need to write down a business case and submit it to the commissioners for 
consideration during the annual prioritisation round. The annual prioritisation 
round takes place in December/January and all business cases have to compete 
against each other to be prioritised. The business cases are prioritised against 
a set of ethical and commissioning principles with criteria and weights 
(attached to each criteria) and scored. Those that score above a pre-agreed 
minimum score are prioritised and then sent to a group of local clinicians and 
commissioners who match the prioritised services against the annual budget 
available (in an open, transparent and 'Wednesbury' reasonable way). If your 
drug A does not meet the cut, the commissioners will not fund it that year.
Herein, lies the crunch. Ordinarily, if you say you won't fund it, no resident 
in your local population should have access to the drug/device. The principles 
of social justice and equity demand that it should be an 'all or none' 
phenomenon. Lawyers have repeatedly advised us that NHS commissioners can/should 
take recourse to this action. But politicians are always jittery about the 
dreaded 'R' word being officially bandied around. So commissioners in the NHS 
have agreed on a loop-hole (pretty unsatisfactory, in my opinion) to get around 
this system and keep the politicians happy ie through the exceptional funding 
route. If you want to prescribe drug A to your patient when it is not ordinarily 
funded by the commissioners, you will have to prove to the commissioners that 
your request is truly exceptional. Your request for funding is sent to an 
Individual Funding Request (IFR) Panel, comprised of commissioners, clinicians, 
the public and lay members of the Board of the Commissioning PCT, which will 
decide whether your exceptional funding request merits approval. All 
off-license/unlicensed funding requests and also funding requests for 
drugs/devices not approved by NICE TAG's must similarly be sent to the IFR Panel 
(these are the Panels that Sarah Palin et al refer to the NHS Death Panels, 
which, by the way, is a completely false description of these Panels).
If your funding request is refused by the Panel, you can appeal against the 
decision, and your appeal will be heard by an Appeals Panel, the composition of 
which is entirely different from the original IFR Panel. The decision of the 
Appeals Panel is final.
The unsuccessful patient can, however, take the commissioners to court and 
request a judicial review of the funding decision.
Hope you find this useful.
Regards,

Ash 
Dr Ash Paul
Medical Director
NHS Bedfordshire
21 Kimbolton Road
Bedford
MK40 2AW
Tel no: 01234897224
Email: [log in to unmask]
 





________________________________
From: "Djulbegovic, Benjamin" <[log in to unmask]>
To: [log in to unmask]
Sent: Sat, 26 March, 2011 14:13:16
Subject: Re: Clinical Decision Making and Diagnostic Error

 
And, of course, we need to add to this, as pointed by Jim Walker, the famous 
Godel’s proof that we can know something even if cannot prove it…
 
But, Ash, how does this discussion bode to EBMers including your own 
decision-making when you try to rationally and fairly allocate scarce resources 
as you  have eloquently discussed it on this group on a number of occasions… 
What do you tell to people who tell you “I know (from my experience) that this 
treatment works and you are telling me that there is no evidence to fund this 
therapy”.
I am afraid we are coming full circle, and seems to me that we simply do not 
have any other recourse but to rely on our meager neocortex ( Jim’s “the  
conscious tip of a fully integrated iceberg”) , at least when it comes to 
decision-making involving others…And, as I pointed out in my earlier post, 
justification for this is that rational inferential system (=EBM) is more often 
right than intuition (although  is far from “idiot-proof”…) 

Best
ben 
 
 
Benjamin Djulbegovic, MD, PhD
Distinguished Professor 
University of South Florida & H. Lee Moffitt Cancer Center & Research Institute
 
From:Evidence based health (EBH) [mailto:[log in to unmask]] 
On Behalf Of Ash Paul
Sent: Saturday, March 26, 2011 4:18 AM
To: [log in to unmask]
Subject: Re: Clinical Decision Making and Diagnostic Error
 
Dear Rakesh,
 
It's interesting to note that Albert Einstein was a great protagonist of the 
powers of intuition. However, to my mind, his quotes are much more apt for the 
psyche of the inventor/discoverer,  than they are for medics charged with 
routinely saving lives using proven treatments.
 
Einstein's scientific writings are littered with quotes on the subject:
 
1. 'I believe in intuition and inspiration…at times I feel certain I am right 
while not knowing the reason'. 



2. 'The intuitive mind is a sacred gift and the rational mind is a faithful 
servant. We have created a society that honors the servant and has forgotten the 
gift'. 



3. 'The intellect has little to do on the road to discovery. There comes a leap 
in consciousness, call it intuition or what you will, and the solution comes to 
you, and you don’t know how or why'. 


Einstein was, ofcourse, preceeded by the immortal Aristotle who wrote 
'Intutition is the source of scientific knowledge'.

Regards,
 
Ash 
Dr Ash Paul
Medical Director
NHS Bedfordshire
21 Kimbolton Road
Bedford
MK40 2AW
Tel no: 01234897224
Email: [log in to unmask]
 
 
 
>
________________________________
 
>From:Rakesh Biswas <[log in to unmask]>
>To: [log in to unmask]
>Sent: Saturday, 26 March 2011, 4:37
>Subject: Re: Clinical Decision Making and Diagnostic Error
>A quote from Steve Gilman ( posted by Arin Basu in a different context for a 
>different forum):
>
>"Much that you learn will be learned at a level below consciousness. Use this. 
>Even as you guide your thoughts consciously, allow for the intuitive. This 
>interplay between the conscious and unconscious is where the art of thinking 
>really blossoms."
>
>Copyright Steve Gillman.
>
>Article Source: http://EzineArticles.com/616048
>
>Just a lame attempt on my part to summarize this rich discussion. Also the line 
>marked copyright makes me wonder about its true place in a web based 
>meta-cognitive future.
>
>:-) 
>