Challenges in Priority Setting from a Legal Perspective in Brazil, Costa Rica, Chile, and Mexico

Priority setting is the process through which a country’s health system establishes the drugs, interventions, and treatments it will provide to its population. Our study evaluated the priority-setting legal instruments of Brazil, Costa Rica, Chile, and Mexico to determine the extent to which each reflected the following elements: transparency, relevance, review and revision, and oversight and supervision, according to Norman Daniels’s accountability for reasonableness framework and Sarah Clark and Albert Wale’s social values framework. The elements were analyzed to determine whether priority setting, as established in each country’s legal instruments, is fair and justifiable. While all four countries fulfilled these elements to some degree, there was important variability in how they did so. This paper aims to help these countries analyze their priority-setting legal frameworks to determine which elements need to be improved to make priority setting fair and justifiable.