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Life Sciences Alert – October 2024

ALERT – LIFE SCIENCES

Modification to the regulation of the Cancer Law

DS No. 018-2024-SA modified the regulation of the National Cancer Law (Law No. 31336) approved by DS No. 004-2022-SA.

The amendment includes changes in 8 articles and includes a final complementary provision. Some of the changes are detailed below:

  • Differential procurement of pharmaceuticals and devices.

The National Center for Strategic Health Resources Supply – CENARES must issue a report that demonstrates the effectiveness of the expenditure compared to the use of the conventional models available, supported by a technical report issued by the National Institute of Neoplastic Diseases – INEN or the Ministry of Health (MINSA), as the case may be.

  • Procurement of high cost products

In the case of pharmaceutical products and medical devices whose cost exceeds the high cost threshold, within seven (7) working days from the receipt of the acquisition request, the pharmacotherapeutic committee evaluates and refers the request to the National Network for the Evaluation of Health Technologies (RENETSA), if it issues a favorable technical opinion, for the Health Technology Assessment (ETS).

IAFAS guarantees the financing of pharmaceutical products or medical devices from its institutional budget.

  • Biomedical equipment and technological replacement for cancer prevention and control.

It is specified that MINSA, together with EsSalud and other health sector entities, promote and assist in the annual updating of institutional equipment plans for health facilities whose equipment is linked to comprehensive oncology care.

MINSA, EsSalud, INEN, regional governments and other health sector entities finance the equipment plan (acquisition of new or replacement biomedical equipment) and infrastructure maintenance from their institutional budget.

  • Tumor bank

The INS, in coordination with INEN, manages the implementation of Tumor Banks.

The INS, in coordination with INEN, proposes to MINSA the regulatory documents necessary for the operation of the National Network of Tumor Banks – RNBT. MINSA evaluates and approves the normative documents, if applicable.

  • Health Promotion and Cancer Prevention Actions

For the design and implementation of health promotion and cancer prevention actions, the characteristics of sex, age, ethnic-cultural identity, disability status, geographical area, among others, of the population will be considered, taking into account the cross-cutting approaches of the National Policies.

These actions are carried out with cultural and linguistic relevance in a coordinated manner among all sectors of the State, based on the differentiated needs and interests of the population in the corresponding territorial area.

MINSA is responsible for the budget program “Prevention and Control of Cancer” and is in charge of the strategic and operative management of its execution.

  • INEN

INEN, as a specialized agency in oncological matters, is the national technical responsible, who, in coordination with MINSA, participates in the revision and updating of cancer prevention and control interventions and proposes normative documents related to these, as well as generates evidence.


For further information, please contact Maritza Reátegui (mreategui@estudiorodrigo.com) and Solange Noriega (snoriega@estudiorodrigo.com).