1. Which rebate schemes the/each CCG is currently engaged in (name of drug/treatment/product plus name of manufacturer and what type of rebate eg discount by prescribing volume, discount above threshold level)
There are currently two rebate schemes in place:
– Nutricia in respect of nutritional products. The discount is based on volume prescribed. The rebate relates to the primary care element of a larger contract.
– Takeda in respect of Prostap. The discount is based on volume prescribed
2. When each contract was signed.
– Nutricia – 2010
– Takeda – February 2015
3. Whether each drug was in the local formulary when the contract was signed.
– Nutricia – No local formulary in place at the time, but products became the local choice as part of a wider contract.
– Takeda – Yes
4. Where savings from each rebate are included in the commissioning budget or are accounted for as “other income”.
This is accounted for as ‘other income’.
5. Whether CCG employees receive any financial or other reward for achieving savings via PCRS.
No financial or other rewards are received.
Please let me have copies of:
6. Any information or requests sent to GP practices in the 6 months since contract signature with respect to these rebates (eg. informing them that the drugs under the scheme are now cheaper)
7. Copies of the PCRS contracts, redacted as appropriate.
As this information relates to third party contracts we have considered whether the CCG would wish to rely on an exemption under section 43 of the FOI Act (disclosure that would, or would be likely to prejudice commercial interest of third parties). In line with Information Commissioner Guidance we have sought the opinion of the third parties (Nutricia and Takeda) regarding the release of the contract.
Takeda have given permission for us to release their contract as redacted. This is enclosed with our response.
Nutricia have responded to our request and have stated that they believe that it would not be appropriate to release their information as it is commercially sensitive and / or commercially confidential information and is therefore exempt under Section 43 of the FOI Act. They have stated that their clear view is it is not appropriate to release commercially sensitive and / or commercially confidential information relating to specific details of the scheme that involved multiple NHS organisations ( who will each need to be consulted). The release of this information including the specific products and amounts paid would allow a company or individual to match this data with IMS usage data, and to work out the rebate percentages of Nutricia scheme. In addition a new tender exercise is about to commence and there is a clear risk that if such information is disclosed at this time, Nutricia’s commercial interests would be significantly prejudiced.
Taking the views of Nutricia into consideration together with an assessment of the public interest in releasing this information, we have reached the view that the public interest in releasing the contract of a single company does not outweigh the risk of prejudice to Nutricia’s commercial interest.
We will therefore be withholding the information under an exemption provided by Section 43 of the Act
I would also like:
8. Details of any other rebates or benefits obtained by the CCG arising from membership (either membership of the CCG itself or local GPs’ membership) of other manufacturer discount schemes.