The figure of the oncological advisor that ATRES Health-Bienzobas introduces to review the cancer treatments prescribed by the doctors of the insurers who hire it does not exist in public health. In the latter, when a drug is authorized by the Spanish Agency … of the medication and funded by the system, it can be prescribed and this decision is not reviewed. In those drugs that are not financed or that are out of indication, the doctor can make a report requesting their authorization and then the multidisciplinary committees for special situations of hospitals value those cases.
This difference is very important at the legal level since when the Oncological Advisor of ATRES manages to impose his criteria on that of the doctor to displace a treatment of use in public health, there can be an inequality in access to therapies for MuFACE, MUGEJU and ISFAS, since they cannot go to the public.
The equity principle- equality in access to treatments- is collected and protected by the Constitution. As part of social justice, the Magna Carta establishes that in health there can be no avoidable, unfair or remediable differences between groups of people due to their social, economic, demographic or geographical circumstances.
Access to adequate diagnostic therapies and tests is, therefore, a right of all citizens. Being included in the Constitution, it also develops in several specific laws and norms in the field of health not only Spanish but of community. Thus, for example, the European Commission has stressed that “all people must have the same right to attention, a diagnosis and a treatment of high quality, as well as the same access to medicines and the same hope of survival, regardless of where they live.”
Nationally, the General Health Law, of 1986, or the Patient Autonomy Law, 2002, underline the same. The first declares the right of all citizens to the protection of their health, and forces the health authorities to guarantee all of them access to a health coverage in conditions of effective equality. As for the second, part of the right of each citizen to receive quality health care, and establishes that this coverage must be based on the principles of equality, information, non -discrimination and equity.
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