Hi Lynn
Yes, it's going to be a tall order to remedy the current not exactly ideal state of affairs. And the challenge is going to be, in my opinion, laid fair and square with those of us who have Keratoconus. I say that with some reluctance because it does smack of blaming the victims. But if we wait for the big agencies to come to our assistance, we'll have a very long wait. And as you rightly say, with a progressive condition, the limited window of opportunity for some treatments to be at their most effective is finite. So I think we have to set aside a natural sense of "this just isn't fair" and get on with it.
"It" being -- when we come across a treatment option we're interested in, we have to be prepared to battle with either the NHS or our insurers (depending on which route we want to pursue). And saying that, I don't underestimate for a second the difficulties that will bring. The initial response will inevitably be to get knocked back.
For the NHS, it will take persistence and the willingness to escalate and appeal via the (tortuous sounding) channels which are open to the public and enlist support from others if possible. For Keraflex, for example, I'd say to anyone seriously considering this procedure to make themselves known to each other and collectively as a group approach the supplier and offer to work with them on the NICE process for getting a new procedure evaluated under the Medical Technologies Evaluation Programme (
http://www.nice.org.uk/aboutnice/whatwe ... cttoep.jsp). Simultaneously, you should also review the NHS Constitution (
http://www.nhs.uk/choiceintheNHS/Rights ... 9Mar09.pdf) and see if the refusal to consider the new treatment is in breach of it. I suspect it may be for Keratoconus, for the reasons Lynn and I already covered in this thread. If you think the Constitution is breached, there is a remedy available (see the Constitution document in the link above). Again, better to do this collectively. You could do it as an individual, but it is alas easier to brush off a single patient than a group acting together. You also have to be committed to getting publicity generated where you can.
If it is an insurance claim, a different approach is needed. At face value, your policy's T's and C's would seemingly immediately rule out anything with even the faintest whiff of "experimental" about it. But as rightly alluded to by Lynn, all medicine by its very nature is experimental because the medical profession is always trying to improve on it. True revolutionary breakthroughs in treatments seem to me to be fairly rare occurrences. More common, and probably going on since when Hippocrates was in practice, is that new procedures inherit elements of older ones but add new refinements to get over constraints or shortcomings. When you try to decipher the insurance company's definition of experimental against the actual definition of the new procedure, it never fits. Keraflex is a perfect example because it contains elements of "conventional" crosslinking with the newer microwave reshaping aspect. Insurers have gone to great lengths to broaden the definition of "experimental" so they can create a black hole, and few procedures can truly fit under their definitions of "customary". To be blunt, "experimental" means what they say it means.
A lost cause then ? No, far from it. You can follow the four basic steps I've written up below:
1. Ask the insurer to explain what is experimental about this procedure. Keep a record of their response. Most people think the insurance company is looking out for them, so they look to the insurer as almost an authority on what is the best treatment for them. Don't fall into this trap. As a rule of thumb, you must challenge authority at every corner. This is especially important when it's an insurer you're dealing with.
2. All Private Medical Insurance (PMI) plans have an appeals process that you should follow. Your health insurer will give you information on how to initiate a formal appeal. If you're not satisfied with that, you can initiate an external appeals process (this depends on your PMI product, how you were sold it, and what aspect you're appealing against -- I'm always ready, willing and able to help anyone with an appeal !).
3. (run in conjunction with 2 above) Try to make a deal. If you're on the path to a graft because you've got no other options, your policy will almost certainly cover a graft. But you don't want a graft, you want an alternate procedure. Your policy must pay a benefit when you're entitled to it (the graft) so tell the insurer that if it comes to it, you'll have the graft and they will have to pay for it. But you're willing to cut a deal -- you'll sign a waiver to the right to the benefit of the graft but you want the policy to pay out the benefit for the new procedure instead. Note the this only works if the new procedure is cheaper than a graft ! But given the immense cost of a graft, it almost certainly will be. Of course, you have to take responsibility for your actions here -- it will not be possible to change your mind later and expect the PMI to pay out for the graft. But I'd guess for most people considering something radical and still in development, they are looking at every single alternative because they simply do *not* want to have a graft under any circumstances.
4. Write to the CEO of the PMI insurance company and tell them who you are, that your clinician recommended this treatment, that it's medically necessary for your continued good vision because the alternatives are too risky, that they have a limited amount of time to approve the procedure because your condition is progressive, and they have to give you an answer. Again, as with the NHS, media publicity can help a lot here.
I'll repeat what I said in my first sentence. It will not be easy. I think it's inevitable that you end up slipping into hopeful passivity that "someone" "somewhere" will do "something" to sort out the chicken-and-egg circular argument of getting access to treatments still in development. At the risk of being controversial, I don't think that's at all likely. It is going to be up to us who have Keratoconus to fight the vested interests who have nothing at all to gain by expanding the available range of treatments. If you've got the money, or can find it, that will be way, way easier than what you'll have to do to bring about the changes needed in the big players such as the NHS or the PMIs. I do hope though that there are sufficient bloody minded people out there who won't take "no" for an answer.
Of course, to do that, you have to be completely convinced about the merits of the treatment in question. But that's a whole different can of worms !
Thanks
Chris