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Gainshare Agreements (1718113)

 1.  Are there any gainshare agreements in place between you the CCG and a provider (e.g. hospital trust)?

A gain share agreement is one where the benefits associated with more efficient us of medicines not reimbursed through national prices is shared between the provider and the clinical commissioning group party to the agreement.

If “Yes”, then please provide the following details:

Agreement Disease Area Provider included in the gainshare agreement Name of specific drugs involved Savings apportioned between CCG and the provider
1  Dermatology  CHFT Etanercept Please see note below regarding the use of an exception under the FOI Act 2000
2  Rheumatology  CHFT Etanercept

 * CHFT – Calderdale and Huddersfield NHS Foundation Trust

2.   Do you have any other agreements with a provider to switch from branded to biosimilar products?

If “Yes”, then please provide details;

Agreement Disease Area Provider included in the agreement Name of specific drugs involved Savings apportioned between CCG and the provider
1 Rheumatology CHFT  Infliximab Please see note below regarding the use of an exception under the FOI Act 2000
2 Dermatology CHFT  Infliximab
3 Gastroenterology CHFT  Infliximab
4 Rheumatology CHFT  Etanercept
5 Dermatology CHFT  Etanercept
6 Rheumatology CHFT  Rituximab

 * CHFT – Calderdale and Huddersfield NHS Foundation Trust

3.  Are there any other agreements between you the CCG and a provider, not included in the above, for the following services?

There are no other agreements in place.

If “Yes”, then please provide the following details:

 Agreement Disease Area Provider included in the agreement Name of specific drugs involved Type of agreement with the Provider
1 Ophthalmology services [eg wet macular degeneration]  N/A
2 Multiple Sclerosis  N/A
3 Prostate cancer  N/A
4 Breast Cancer  N/A
5 Haemophilia  N/A

 

Please note that we have considered your request for information and have decided to issue a refusal notice under Section 43(2) of the FOI Act 2000.  Section 43 of the Freedom of Information Act 2000 provides a qualified exemption from disclosure where the information requested is a trade secret or the release of information is likely to prejudice the commercial interests of any person (a person may be an individual, a company, this public authority itself or any other legal entity).

The terms of gainshare agreements are considered to be trade secrets by the organisations offering the agreements.

As the Section 43 exemption is a qualified exemption, the CCG is required to undertake a ‘public interest test’ to assess whether the public interest in withholding the information is greater than the public interest in releasing the information.

The CCG acknowledges that there is a clear public interest in transparency and openness within the NHS.  However, the CCG considers that, in this case, disclosure could cause harm to the organisations involved and could result in the scheme being withdrawn by these organisations, thereby prejudicing the CCG’s own value for money and negotiating position. This would result in increased costs for prescribed medicines to the NHS thereby reducing the level of care that the CCG would be able to commission.

The CCG has therefore concluded that it is in the public interest to withhold this information under section 43.

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