NICE have opened a consultation on their proposed changes to the appeal period for technology appraisal and highly specialised technologies. The consultation is open until 16 February 2025 and you can access it here.
Proposed changes
NICE proposes amending the appeal process so that a consultee who intends to submit an appeal, or is considering submitting an appeal, against final draft guidance that recommends a technology can be used must notify NICE within the first 5 working days of the appeal period. The consultee would then have until the end of the 15 working days appeal period to submit the appeal.
Notifying NICE of an intention to appeal would not commit a consultee to submitting an appeal. But a consultee would be unable to submit an appeal if they had not notified NICE of an intention to appeal within the first 5 working days deadline.
These changes would only apply when the final draft guidance recommends the technology can be used, including during a managed access period. It would also apply when the guidance states a technology can be used and NICE has agreed to vary the funding requirement.
The appeal arrangements would remain unchanged when the final draft guidance recommends the technology should not be used or more research is needed. So, a consultee would still have the full 15 working days appeal period to consider whether to submit an appeal and to do so. There would be no requirement to notify NICE of an intention to appeal in the first 5 working days.
The email to consultees from NICE that accompanies the final draft guidance would confirm the notification and appeal deadlines.
The changes relate to the appeal process only. They do not affect any arrangements in place for the interim funding of particular technologies prior to publication of final draft guidance, including through the Cancer Drugs Fund.
If you would like to contribute to BIVDA’s response, please email ben.kemp@bivda.org.uk.
