MAY 28, 2014 1:30 PM PDT

Legal and Regulatory Developments Affecting Molecular Testing

Speaker

Abstract

The regulation of molecular testing continues to grow in complexity, in terms of the oversight by FDA, coverage determinations by Medicare contractors, and the payment amounts established by CMS. This session will discuss recent developments in these areas. While FDA has not acted to explicitly regulate molecular testing that is performed as a Laboratory Developed Test, the agency continues to suggest that new requirements will soon be forthcoming. In the meantime, FDA has acted to limit the use of tests labeled as Research Use Only or Investigational Use Only, and to increase its oversight of innovative Companion Diagnostics. Meanwhile, Medicare has developed new processes for determining whether or not to pay for developing molecular tests, such as the MolDx Program, created by Palmetto Government Services, one of the Medicare Administrative Contractors, which requires special coding of and technical assessment of new molecular tests. Finally, the payment for this testing has been in turmoil, as a result of Medicares year-long gapfilling process that occurred in 2013. As part of legislation passed in April, however, pricing will go through yet another major change, as the Medicare Program moves away from the current fee schedule approach to one that is designed to reflect market prices beginning in 2017. That legislation also includes special payment provisions affecting Advanced Diagnostic Laboratory Tests, which could affect many new molecular tests. Before any of that happens, however, there will need to be a complex regulatory approach to define what is to be reported to CMS and how that reporting will occur. This program will examine these developments and attempt to make some predictions about their likely impact


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MAY 28, 2014 1:30 PM PDT

Legal and Regulatory Developments Affecting Molecular Testing



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