The Health Service Products Appeals Tribunal: how to appeal

AI Summary

The Health Service Products (Pricing, Cost Control and Information) Appeals Tribunal serves as an independent body for pharmaceutical companies to contest enforcement decisions made by the Department of Health and Social Care (DHSC). Operating under the Health Service Medicines (Price Control Appeals) Regulations 2000, the tribunal adjudicates matters related to the Statutory Scheme Regulations 2018, the Price Control Penalties Regulations 2018, and the Information Regulations 2018. Main issues addressed include disputes over medicine pricing, supply to the NHS, and compliance with statutory information disclosure requirements. Companies must take specific actions to initiate an appeal, starting with the submission of a formal notice within 28 days of a DHSC enforcement decision. This notice must include grounds for the appeal—such as factual errors, legal inaccuracies, or inappropriate use of discretion—alongside supporting evidence and DHSC notification documents. The tribunal determines if the original enforcement was justified and what subsequent actions should be taken. Hearings are currently held virtually, and the tribunal may award costs against the losing party. Following a decision, companies have a three-month window to appeal to the High Court on questions of law.