Abstract

In October 2010, NHS Warwickshire, a Primary Care Trust (PCT) which is responsible for commissioning health services for a local population of more than half a million people in the English Midlands, issued a press release in which it specified those clinical procedures which were to be prioritised over the forthcoming winter period, divided into three categories. Those in the „Fast‟ category, which comprised cancer-related referrals, fracture-related referrals, urgent trauma cases and other procedures where a delay would cause deterioration in the patient‟s long-term health, were to be undertaken as normal, with a shorter expected wait time in many cases. Those in the „Slow‟ category were to be deferred until April 2011 except where, following a process of review, it was concluded that treatment should proceed immediately for clinical reasons. Procedures listed in this category included routine elective hip, knee and shoulder surgery, IVF treatment (unless already commenced), referrals for back pain management, oral surgery and orthodontic procedures. Additionally, a third „Stop‟ category designated a number of procedures which would no longer be funded at all by NHS Warwickshire, save for in exceptional circumstances. These included acupuncture, correction of male pattern baldness, hair transplantation, oral vaccines for seasonal rhinitis, penile implants and tattoo removal.

Highlights

  • In October 2010, National Health Service (NHS) Warwickshire, a Primary Care Trust (PCT) which is responsible for commissioning health services for a local population of more than half a million people in the English Midlands, issued a press release in which it specified those clinical procedures which were to be prioritised over the forthcoming winter period, divided into three categories.[1]

  • The NHS Constitution, the brainchild of the Labour government of Gordon Brown, has been endorsed by the Conservative-Liberal Democrat coalition government.[69]. This would suggest that a commitment to transparency will remain fundamental to decision-making in the NHS for the foreseeable future

  • The government has announced proposals for reforms which appear to go against the grain of the principle of rational and transparent decision-making encapsulated in the Constitution, albeit that significant aspects of the detail of to these reforms remain, as yet, unclear

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Summary

Introduction

In October 2010, NHS Warwickshire, a Primary Care Trust (PCT) which is responsible for commissioning health services for a local population of more than half a million people in the English Midlands, issued a press release in which it specified those clinical procedures which were to be prioritised over the forthcoming winter period, divided into three categories.[1] Those in the „Fast‟ category, which comprised cancer-related referrals, fracture-related referrals, urgent trauma cases and other procedures where a delay would cause deterioration in the patient‟s long-term health, were to be undertaken as normal, with a shorter expected wait time in many cases Those in the „Slow‟ category were to be deferred until April 2011 except where, following a process of review, it was concluded that treatment should proceed immediately for clinical reasons. As a precursor to this discussion, I shall attempt briefly to analyse the value of transparency in administrative decision-making with particular reference to that which entails the allocation of scarce healthcare resources

The Nature and Value of Transparency
Transparency in Rationing Case Law
10. See also
Legislation and Quasi-legislation: the NHS Constitution
Conclusion
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