On April 9, the Senate Health Committee discussed a bill that would create a National Agency for the Evaluation of Health Technologies (AGNET), introduced by Senator Federico Pinedo (PRO-government). Despite efforts by the ruling party to achieve consensus, this was not forthcoming so the president of the committee Mario Fiad (UCR) had to postpone the debate until further notice. Cambiemos is expected to try to get the bill debated on the floor of the Senate alongside a separate proposal (to create a regulatory regime for unregistered work), possibly in the coming weeks.

There are four central points being debated. The most critical is related to AGNET’s intervention in judicial processes. The bill envisages the Agency intervening as a consultative entity in any instance in judicial processes where issues related to its area of competence are debated and, in such cases, it will be able to deliver the corresponding judicial actions. The Agency is thus to have the active procedural legitimacy of the judicial processes in all cases where health issues related to the topics outlined in the bill’s articles are discussed. This contrasts with the preference of the opposition party Frente para la Victoria (FPV), which argues interventions should take place only at the request of the judge as opposed to in all cases.

Also, the composition of the Agency’s Board of Directors was discussed. The proposal under review is that the Board be made up of a president and four directors, three of whom nominated by the Executive branch, the Federal Health Council (COFESA) and the national trade union CGT. There was also debate on the possibility of the AGNET intervening before or during the drugs authorization stage by ANMAT. Finally, spokesperson for FPV, Anabel Fernández Sagasti, proposed the law be framed so that AGNET won’t be able to modify the Mandatory Medical Plan.

In terms of the participation of producers in the Agency’s Technical Advisory Committee, Fiad commented that although no permanent representation is foreseen, the body may ultimately choose to “convene (…) representatives of other sectors, including technology producers, representatives of scientific societies, professional associations and other actors, who will not have the rank of permanent member”.