NICE 2002/009
Date: 11 February 2002
NICE consults with stakeholders on changes to the technology appraisal appeal process
The National Institute for Clinical Excellence (NICE or 'the Institute') is reviewing the procedure for appealing against the Final Appraisal Document (FAD) produced by the Institute's Appraisal Committee at the end of the technology appraisal process.
NICE has produced an appeals process consultation document. Important changes include the following:
- Appeal hearings should be held in public. Members of the public and the press should be admitted to the hearing on prior written request, on a first-come, first- served basis.
- The right of appeal should be extended to the NHS organisations - currently health authorities but after April, primary care trusts - who are registered as consultees to a technology appraisal.
- The wording of some of the grounds for appeal should be amended to use more familiar language for people who are not lawyers.
- The appeal panels should be able to recommend changes to the wording of the FAD where this would make the guidance clearer. Appeal panels will not though be able to substitute their interpretation of the evidence for that of the Appraisal Committee.
Andrew Dillon, Chief Executive of NICE, said: "NICE considers that the appeal process has been operating fairly and that it has played a key part in ensuring the quality and fairness of appraisal determinations. However, the Institute considers it appropriate to regularly review its processes and procedures. We have decided to review the appeal procedure in light of the experience gained from appeal hearings that have so far taken place.
"The review also provides the Institute with the opportunity to take account of comments that have been received from stakeholders regarding the current procedure, and to invite further comments from stakeholders."
The Appeals Process consultation document has been distributed to key stakeholder organisations and was published on the Institute's web site on 11 February 2002. Consultees will be invited to submit comments on the proposed changes by Friday 3 May 2002.
Ends
Notes for editors:
1. The National Institute for Clinical Excellence (NICE or 'the Institute') is part of the NHS and its role is to provide authoritative and reliable guidance on healthcare for patients and their carers, healthcare professionals and the wider public in England and Wales.
2. The Institute produces three key guidance products for the NHS: technology appraisals, which assess the clinical and cost effectiveness of technologies clinical guidelines and clinical audit advice. Technologies can be medicines, medical devices, diagnostic techniques, surgical procedures and health promotions
3. The appeal process was amended slightly when the Institute reviewed the Technology Appraisal process last year. The amendments were relatively small in scope, and with the benefit of further experience the Institute considers that it is now appropriate for it to undertake a comprehensive review of the appeals procedure.
4. The Institute's Board considered the proposed changes to the appeal process at its meeting on 16th January 2002, and agreed the process whereby stakeholders would be consulted.
5. Some of the changes proposed to the appeal process could only be included in a revised process if an amendment were made to the Directions to the Institute from the Secretary of State and the National Assembly for Wales. After the consultation process the Institute will propose revised Directions to the Secretary of State and the National Assembly for Wales if they are necessary for the implementation of the revised process.
6. Technology appraisals are produced by the Institute's Appraisals Committee, and the Committee's membership can be found on the NICE website. The Committee includes patient/carer members, health professionals, health economists and NHS managers.
7. Further information about the National Institute for Clinical Excellence and the technology appraisal process can be found at www.nice.org.uk
