Non disclosure clause excludes price transparency for cancer therapy

CAR-T cell therapy is used for cancers such as lymphoma and leukaemia. The patients' white blood cells are modified so that they recognise and fight the cancer cells. It is not considered a medicine, but a medical service. Keystone / Laurent Gillieron

The Federal Office of Public Health does not have to disclose the cost for cancer treatment using CAR-T (Chimeric antigen receptor) therapy, ruled the Federal Administrative Court. According to the court ruling, disclosing the cost of the therapy in Switzerland would likely void any discounts offered.

Disclosing the true cost of such cancer treatment would cause companies with marketing authorisation for the therapy in Switzerland to revert to the list price of the treatment. The current list price is around CHF370,000 ($422,000), but currently the Swiss government receives an undisclosed discount.

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Divulging the cost of these treatments to the public would trigger a guillotine clause in the contracts, potentially invalidating the discounts agreed between the Swiss authorities and drug companies. The Federal Administrative Court wrote in a ruling published on Monday, that the Swiss government would be hindered in ensuring security of supply for new, innovative and high-priced therapies if it were to publicly divulge the costs of these cancer therapies. 

Following an inquiry on the costs of these treatments by a journalist, the Federal Administrative Court says that disclosure of the cancer therapy costs would impair the implementation of concrete official measures in accordance with the objectives. This would fulfil an exception clause of the Public Information Act, which in principle grants all persons a right of access to official documents.

CAR-T cell therapy is currently only provisionally listed in the list of reimbursable services covered by Swiss compulsory health insurance system. It has been under evaluation since the beginning of the year, and this evaluation will continue until the end of 2024.

The Federal Data Protection and Information Commissioner had recommended that access to the relevant documents be granted in full. The information would concern services for which the price had been agreed upon by the Swiss authorities and the drug companies. It was not apparent which specific official measure could be affected.

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CAR-T cell therapy is used for cancers such as lymphoma and leukaemia. The patients’ white blood cells are modified so that they recognise and fight the cancer cells. It is not considered a medicine, but a medical service.