Classification: Official
Publication reference: PRN01210

To:

• purchasing points

cc.

• regional chief pharmacists
• regional pharmacy procurement specialists

Dear colleagues,

NHS England published position on access to medicines procurement and supply chain (formerly known as Commercial Medicines Unit) frameworks

We are writing to inform you that NHS England has published information on which providers and organisations contracted to deliver NHS England commissioned services (see table below) are in and out of scope for being a purchasing point, and therefore able to access Medicines procurement and supply chain (MPSC) framework prices.

In scope

• NHS secondary care trusts
• NHS mental health trusts
• hospices
• prison services
• ambulance services
• HIV/PrEP prescribing centres

Out of scope

• independent sector providers – irrespective of the volume of NHS patients supported
• general primary care providers and community pharmacies (other than those specified in the policy position)

As you will be aware, NHS England has not previously published a publicly stated position on which providers or organisations treating NHS patients are in scope and able to access MPSC frameworks. MPSC has therefore worked with internal and external stakeholders, including the pharmaceutical trade bodies, to develop a position that more fully reflects the changing needs of the NHS.

Underpinning the action taken by NHS England is a need to ensure consistency in approach to which providers and organisations can access MPSC frameworks. At the core of the policy position is purchasing point compliance with the key criteria of access. There are 4 key criteria with which any provider or organisation wanting to become a purchasing point must comply:

• medicines bought are for NHS patient use only
• prices must remain confidential
• monthly data must be supplied to MPSC
• any medicine purchased must be from an MPSC framework (for an agreed list of medicines), except where there is a strong clinical reason for purchasing ‘off framework’

Alongside the policy position, NHS England has also published a purchasing point factsheet. The factsheet was developed in collaboration with members of the National Pharmaceutical Supply Group (NPSG) and is intended to be a helpful source of information for both existing and prospective purchasing points.

The factsheet reaffirms the importance of abiding with the key criteria of access and sets out further behaviours expected of a purchasing point. Additionally, it also sets out a 2-step process for prospective purchasing points to follow, in accordance with the policy position. Furthermore, the factsheet includes an escalation process for MPSC framework holders, and others, to report concerns over the misuse of MPSC frameworks to NHS England for investigation.

As you may be aware, there was a commitment set out in 2024 voluntary scheme for branded medicines pricing, access and growth (VPAG) with which this Purchasing Point policy aligns:

NHS England is therefore taking steps to ensure adherence to the key access criteria, including the condition that medicines are for NHS patients only. You are asked to please note the content of the published documents and take any appropriate steps to ensure compliance with the key criteria of access and behaviours expected of a purchasing point.

While it is a key condition that medicines bought at MPSC framework prices are used to treat NHS patients only, NHS England acknowledges that a small number of private patients may be treated in NHS organisations with medicines bought at MPSC framework prices. Where this occurs, purchasing points must request approval to purchase at MPSC framework prices from the relevant framework holder in advance of treating private patients.

Please note the NPSG guidance document is being updated by the MPSC team in light of NHS England publishing its policy position. The refreshed guidance will provide additional clarity on what is meant by service providers (outside of pharmacy outpatient dispensing services), including an additional template letter and criteria for accessing the suitability of requests for third party access. The refreshed guidance is expected to be published in Summer 2024.

Where you are asked to support requests for third party access, where appropriate to do so in accordance with the revised guidance, I would be grateful if this could please be managed in a timely manner to avoid any potential impact on NHS patients going forward.

If you would like to discuss any of the content of this letter, please contact supplier@cmu.nhs.uk.

Yours sincerely,

Fiona Bride, Director of Medicines Access and Value, NHS England
David Webb, Chief Pharmaceutical Officer, NHS England