Older people could be denied vital dementia drugs if new NICE policy goes ahead

The National Institute for Health and Care Excellence would have to look at the ‘wider societal benefits’of new medicines, which could see older people being denied vital dementia drugs.

Currently, the National Institute for Health and Care Excellence (NICE) has to take into account the cost of the medication and its life-enhancing properties when deciding whether new medicines should be approved.

But under the proposals which will be put out to consultation in February, NICE will also have to consider whether the drugs are beneficial to a wide proportion of society.

Specialist healthcare lawyers, Irwin Mitchell, are concerned that the new proposals could lead to patients being discriminated against because of their age.

Yogi Amin, a partner at Irwin Mitchell and expert in medical law, said: “There are many niche illnesses and conditions that are wholly treatable or can be significantly improved with the help of certain drug treatment and new medicines, yet because of funding issues and changes to the criteria there is a chance that these patients could miss out.

“The NICE body sets guidelines on access to NHS treatment based on a calculation of what a patient’s life is worth. NICE are proposing changes to take into account the benefit to the wider society but healthcare should also focus on what is best for each individual patient.

“No one should have the right to refuse a patient life-saving or life prolonging treatment if their NHS doctor believes the patient will benefit from it. In the past we have seen cases whereby an experienced doctor can prescribe a course of medical treatment but the NHS body has refused to fund the drug.”

Mr Amin has particular concerns over some cancer drugs and new medicines for patients with dementia and Alzheimer’s as he said: “Although people of all ages can be affected, these drugs are more commonly needed by older members of society who under new proposals could be deemed to be contributing less to society because they may not be working and may no longer have dependent children.”

He added: “It is important that all members of society, including vulnerable people such as the older population, receive the same assessment of their individual needs by a doctor to ensure they are not disadvantaged when making healthcare decisions.

“Although the NICE says that they do not take age into account when deciding the benefit of the drug treatment, with any new policy there is a risk of indirect discrimination because certain groups of people may fall into the same category by default or a proper analysis is not made of the benefits of the drug treatment in different section of society.”

In 2006, Irwin Mitchell won a number of cases on behalf of cancer patients including a high profile case in the Court of Appeal to allow all women with breast cancer to access the Herceptin drug after an NHS body previously tried to deny access to all patients.