University of Ottawa logo
CHLPE logo

Health Technology Assessment and the Law

Does public medicare account for the law when it approves new drugs and technologies?

Major health technology assessment (HTA) bodies in Canada assess the value of new health technologies like drugs, devices, and digital health tools, and make recommendations to government about what to include (and exclude) from public medicare. Their work is critically important to the overall fairness, legitimacy and sustainability of Canadian medicare. HTA bodies factor into their assessments evidence of effectiveness, cost, ethics and broader social concerns. However, they should also assess legal concerns. A failure to do so can result in funding approval for technologies that fail to comply with relevant laws, jeopardizing important values such as patient privacy and gender equality, as well as opening up government entities to possible lawsuits, judicial review, and reputational damage.

In this project, we are for the first time describing and analyzing the extent to which Canadian HTA bodies have considered important legal issues. We are working with representatives of HTA bodies from other countries, and international HTA scholars, to create and test tools that will equip HTA bodies to identify and prioritize legal issues for deeper analysis.

CHLPE member picture

Fernando Aith

Professor
Public Health School
University of São Paulo, Brazil

CHLPE member picture

Fiona Clement

Director, Health Technology Assessment Unit
O’Brien Institute of Public Health

CHLPE member picture

Nathan Cortez

Professor
Dedman School of Law, U.S.A.

CHLPE member picture

Colleen Flood

Professor
Faculty of Law
University of Ottawa

CHLPE member picture

Mireille Goetghebeur

Professor
School of Public Health
Université de Montréal

CHLPE member picture

Lorian Hardcastle

Professor
Faculty of Law
University of Calgary

CHLPE member picture

Murray Krahn

Canada Research Chair in Health Technology Assessment
Department of Medicine
University of Toronto

CHLPE member picture

Matthew Herder

Professor
Schulich School of Law

CHLPE member picture

Christopher McCabe

Executive Director and CEO
Institute of Health Economics (IHE)

CHLPE member picture

Michelle Mujoomdar

Director, Scientific Affairs
CADTH

CHLPE member picture

Vardit Ravitsky

Professor
Department of social and preventive medicine
Université de Montréal

CHLPE member picture

Manik Saini

Director, Health Technology Assessment
Government of British Columbia

CHLPE member picture

Keith Syrett

Chair in Health Law and Policy
School of Law
University of Bristol, U.K.

CHLPE member picture

Bryan Thomas

Research Associate
Faculty of Law
University of Ottawa

CHLPE member picture

Kelli White

Law Student and Research Assistant
Faculty of Law
University of Ottawa