July 20, 2015
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House passes 21st Century Cures Act

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By a vote of 344 to 77, the U.S. House of Representatives on July 10 passed the 21st Century Cures Act, a bipartisan bill that authorizes several changes to the approval process for drugs and medical devices.

The bill, H.R. 6, also authorizes an $8.7 billion spending increase for the NIH and a $550 million increase for the FDA over 5 years.

According to a summary of the bill posted on the Congress website, the bill amends the Federal Food, Drug, and Cosmetic Act to revise the drug approval process by allowing patient experience data to be considered in the risk-benefit assessment of new drugs; requiring the FDA to qualify drug development tools; allowing the FDA to rely on data previously submitted for a different purpose to expedite the development of certain drugs; and establishing a streamlined data review program for approval of drugs for additional indications.

The bill requires the FDA to establish a program for priority review of breakthrough medical devices, identify types of devices that do not require a report preceding introduction, and rely on a third party to determine the safety and effectiveness of changes to medical devices, according to the summary.

In addition, the bill requires manufacturers and distributors of investigational drugs for serious conditions to publish their policies on compassionate requests; revises and extends the priority review voucher program for rare pediatric diseases; and requires a pharmaceutical and technology ombudsman within the CMS to respond to complaints from manufacturers of medical products.

The bill allows Medicare prescription drug plan sponsors to limit certain beneficiaries’ access to frequently abused drugs and mandates interoperability and certification of electronic health records.

According to the American Academy of Ophthalmology, the House overturned a last-minute amendment that threatened the bill’s passage by proposing to make the new NIH and FDA spending discretionary.

According to the AAO, two provisions of the bill may affect ophthalmology. The first provision would facilitate price transparency on the cost of services between ASCs and hospital outpatient departments. The other provision would encourage the use of unique device identifiers at the point-of-care in EHR systems.

The Senate is expected to consider its own version of the bill in the fall. – by Matt Hasson