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Weekly Legislative & Regulatory Round-up

Week of February 27 - March 5, 2010

GAO reports

Group Purchasing Organizations: Research on Their Pricing Impact on Health Care Providers GAO-10-323R

Medicare Part D: Spending, Beneficiary Cost Sharing, and Cost-Containment Efforts for High-Cost Drugs Eligible for a Specialty Tier GAO-10-242

Emergency Communications: Establishment of the Emergency Communications Preparedness Center and Related Interagency Coordination Challenges GAO-10-463R

Medicare Part D: CMS Oversight of Part D Sponsors' Fraud and Abuse Programs Has Been Limited, but CMS Plans Oversight Expansion GAO-10-481T 

The Federal Government's Long-Term Fiscal Outlook: January 2010 Update GAO-10-468SP

 

OIG reports

Adverse Events In Hospitals: Methods For Identifying Events (PDF) (OEI-06-08-00221)

Beneficiaries Remain Vulnerable to Sales Agents' Marketing of Medicare Advantage Plans (PDF) (OEI-05-09-00070)

Bills introduced
Number/
Title
Date Introduced Sponsor Description

 S. 3058

3/2/10

BYRON DORGAN (D-ND)

A bill to amend the Public Health Service Act to reauthorize the special diabetes programs for Type I diabetes and Indians under that Act; Referred to the Committee on Health, Education, Labor, and Pensions.

 H.R. 4732

3/2/10

DIANE WATSON (D-CA)

A bill to amend the Federal Food, Drug, and Cosmetic Act to create a new conditional approval system for drugs, biological products, and devices that is responsive to the needs of seriously ill patients, and for other purposes; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H. Con. Res. 245

3/2/10

LEONARD LANCE (R-NJ)

Concurrent resolution recognizing the life-saving role of ostomy care and prosthetics in the daily lives of hundreds of thousands of people in the United States; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H.R. 4752

3/3/10

PETER WELCH (D-VT)

A bill to amend part D of title XVIII of the Social Security Act to require the Secretary of Health and Human Services to negotiate covered part D drug prices on behalf of Medicare beneficiaries; Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means.

H. Con. Res. 246

3/3/10

TAMMY BALDWIN (D-WI)

Concurrent resolution supporting the goals and ideals of World Glaucoma Day; Referred to the Committee on Energy and Commerce.

S. 3078

3/4/10

DIANE FEINSTEIN (D-CA)

A bill to provide for the establishment of a Health Insurance Rate Authority to establish limits on premium rating, and for other purposes; Referred to the Committee on Health, Education, Labor, and Pensions.

H.R. 4757

3/4/10

JANICE SCHAKOWSKY (D-IL)

A bill to provide for the establishment of a Health Insurance Rate Authority to establish limits on premium rating, and for other purposes; Referred to the Committee on Energy and Commerce.

 

Federal Register notices

March 1

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Centers for Medicare & Medicaid Services

Agency Information Collection Activities: Submission for OMB

Review; Comment Request

1. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Organ Procurement

Organization's (OPO's) Health Insurance Benefits Agreement and

Supporting Regulations at 42 CFR 486.301-486.348

 

Food and Drug Administration

Agency Information Collection Activities; Proposed Collection;

Comment Request; Human Tissue Intended for Transplantation

ACTION: Notice.

SUMMARY: The Food and Drug Administration (FDA) is announcing an

opportunity for public comment on the proposed collection of certain

information by the agency. Under the Paperwork Reduction Act of 1995

(the PRA), Federal agencies are required to publish notice in the

Federal Register concerning each proposed collection of information,

including each proposed extension of an existing collection of

information, and to allow 60 days for public comment in response to the

notice. This notice solicits comments on the information collection

requirements relating to FDA regulations for human tissue intended for

transplantation.

DATES:  Submit written or electronic comments on the collection of

information by April 30, 2010.

 

Food and Drug Administration

Agency Information Collection Activities; Proposed Collection;

Comment Request; Pretesting of Tobacco Communications

ACTION:  Notice.

 

Food and Drug Administration

Determination of Regulatory Review Period for Purposes of Patent

Extension; FIRMAGON

ACTION:  Notice.

 

Food and Drug Administration

Draft Guidance for Industry on Non-Inferiority Clinical Trials;

Availability

ACTION: Notice.

SUMMARY: The Food and Drug Administration (FDA) is announcing the

availability of a draft guidance for industry entitled ``Non-

Inferiority Clinical Trials.'' This draft guidance provides sponsors

and review staff in the Center for Drug Evaluation and Research (CDER)

and the Center for Biologics Evaluation and Research (CBER) with the

agency's interpretation of the underlying principles involved in the

use of non-inferiority (NI) study designs to provide evidence of the

effectiveness of a drug or therapeutic biologic product. The draft

guidance offers advice on when NI studies can be interpretable, how to

choose the NI margin, and how to analyze the results.

DATES:  Although you can comment on any guidance at any time (see 21

CFR 10.115(g)(5)), to ensure that the agency considers your comment on

this draft guidance before it begins work on the final version of the

guidance, submit written or electronic comments on the draft guidance

by June 1, 2010.

 

March 2

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

National Institutes of Health

Submission for OMB Review; Comment Request; Reinstatement of OMB

No. 0925-0601/exp. 02/28/2010, Request for Human Embryonic Stem Cell

Line To Be Approved for Use in NIH Funded Research

 

March 3

No relevant notices

 

March 4

 

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Agency for Healthcare Research and Quality

Request for Measures of Patient Experiences of Cancer Care

ACTION: Notice of request.

SUMMARY: The Agency for Healthcare Research and Quality (AHRQ), in

collaboration with the National Cancer Institute (Nd), is soliciting

voluntary submission of survey instruments and items, which ask adult

survey respondents to assess the care delivered by cancer care

providers. AHRQ is seeking these items and measures from researchers,

survey firms, cancer care providers, patient advocacy groups,

individual cancer patients, and other stakeholders who are interested

in the development of survey measures of patient experiences of cancer

care. To be as inclusive as possible, AHRQ is requesting such

instruments and individual items, along with any available

documentation of their validity and reliability and descriptions of

survey methods for using them.

 

Food and Drug Administration

Guidance for Industry: Characterization and Qualification of Cell

Substrates and Other Biological Materials Used in the Production of

Viral Vaccines for Infectious Disease Indications; Availability

ACTION: Notice.

 

March 5

DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Centers for Medicare & Medicaid Services

Agency Information Collection Activities: Submission for OMB

Review; Comment Request

1. Type of Information Collection Request: Extension of a currently

approved collection; Title ofInformation Collection: Intermediate Care Facility (ICF)

for the Mentally Retarded (MR) or Persons with Related Conditions Survey Report

Form and Supporting Regulations at 42 CFR 442.30, 483.410, 483.420,

483.440, 483.450 and 483.460

2. Type of Information Collection Request: Extension of a currently

approved collection; Title of Information Collection: Annual Early and

Periodic Screening, Diagnostic and Treatment (EPSDT) Services

Participation Report

 

Centers for Medicare & Medicaid Services

Notice of Opportunity for a Hearing on Compliance of Missouri

State Plan Provisions Concerning Payments for Home Health Services With

Title XIX (Medicaid) of the Social Security Act

ACTION: Notice of Opportunity for a Hearing; Compliance of Missouri

Medicaid State Plan Home Health Benefit.

 

Food and Drug Administration

Strengthening the Center for Devices and Radiological Health's

510(k) Review Process; Public Meeting; Extension of Comment Period

ACTION: Notice; extension of comment period.

SUMMARY: The Food and Drug Administration (FDA) is extending to March

19, 2010, the comment period for the notice that appeared in the

Federal Register of Wednesday, January 27, 2010 (75 FR 4402). In the

notice, FDA requested comments on a number of identified challenges

associated with the 510(k) process. The agency is taking this action to

allow interested persons additional time to submit comments.

DATES: Submit written or electronic comments and information by March

19, 2010.

 

Health Resources and Services Administration

Notice Regarding 340B Drug Pricing Program--Contract Pharmacy

Services

ACTION: Final notice.

SUMMARY: Section 602 of Public Law 102-585, the ``Veterans Health Care

Act of 1992'' enacted Section 340B of the Public Health Service Act

(PHS). Section 340B implements a drug pricing program by which

manufacturers who sell covered outpatient drugs to particular covered

entities listed in the statute must agree to charge a price that will

not exceed the amount determined under a statutory formula. The purpose

of this Final Notice is to inform interested parties of final

guidelines regarding the utilization of multiple contract pharmacies

and suggested contract pharmacy provisions, which had been previously

limited to the Alternative Methods Demonstration Project program.

 

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