Lance's Corner

FDA Seeking Input on Use of Advisory Committees

Apr 29, 2024

Per the notice below, the United States Food and Drug Administration (FDA) is seeking public input on the use of FDA advisory committees.

FDA to Hold Listening Session as Part of Broader Work to Optimize Use of, and Processes for, Advisory Committees

Public Engagement Critical to Further Enhance Input from External Expert Panels

Today, the U.S. Food and Drug Administration announced it will host a listening session in June as part of its broader work to optimize the use of, and processes for, advisory committees.  This virtual public meeting will focus on the composition of advisory committees, ways to improve the experience for members serving on committees and ways to ensure public awareness and understanding of the role of FDA advisory committees.  Advisory committees are typically made up of technical, scientific, public health and medical experts, as well as representatives of industry, consumer organizations and patients.  They provide the FDA with independent advice on many topics, including the development, use and evaluation of drugs, biological products, medical devices and tobacco products, as well as broader scientific, medical and public health topics.  Advisory committees provide non-binding recommendations to the agency, and final decisions are made by the FDA.

“The FDA regulates products that impact the everyday lives of the American people, and advisory committees play a key role in that process.  It’s important we have the right expertise, diverse viewpoints and other processes in place to ensure the agency gets timely and sound advice,” said FDA Commissioner Robert M. Califf, M.D.  “We are hopeful this listening session will provide valuable feedback on optimizing the advisory committees’ role in the agency’s science-based decisions and its mission in protecting and promoting public health.”

For the listening session, the agency is seeking input on whether there are ways the FDA can better incorporate a variety of diverse perspectives and experiences, as well as consumer and patient voices into advisory committee meetings.  The FDA also wants feedback on how it could streamline any administrative burdens (e.g., the amount of onboarding paperwork and processing time) that may make it less likely for an individual to want to serve on a committee.  Additionally, the agency is interested in hearing about how it could improve the public’s awareness and understanding of the role of FDA advisory committees.  For example, the FDA is seeking input on if it could update any processes on advisory committee discussion and/or voting that would clarify any misconception that advisory committee votes are binding on the agency’s final decision rather than recommendations that are only one of several factors considered in the FDA’s decisions.

“Although all decisions are made by FDA staff, the discussions that take place at advisory committee meetings are important pieces that are considered as part of the FDA’s decision-making,” said FDA Principal Deputy Commissioner Namandjé Bumpus, Ph.D.  “Gathering broad feedback on the advisory committee process and how these committees inform agency decisions in an open and transparent platform will inform our work to further enhance how the FDA uses the input of our external experts.”

The FDA is currently considering how advisory committee policies and practices can be optimized.  These efforts include: 1) initiatives to modernize systems to reduce paperwork burden and streamline processes; 2) exploring ways to improve the utility of advice received from advisory committees; 3) considering ways to amplify recruitment of potential committee members, possibly through increasing dedicated staff and engaging existing committee members; 4) establishing mechanisms to share and standardize certain practices and procedures across the agency; and 5) working to improve public understanding of advisory committees and the roles they play.  Although some of these potential initiatives are geared toward internal processes, the FDA expects to engage the public and committee members through the course of these efforts when appropriate, including through the public listening session.

The agency will hold the virtual listening session on June 13 from 9 a.m. to 4 p.m. ET.  To register for the free public meeting, please visit the FDA’s website.  Input from the public may be provided orally or written; however, in all cases, the FDA encourages participants to provide the specific rationale and basis for their comments, including any available supporting data and information.  Those interested in making an oral presentation at this public meeting must register by 3 p.m. ET on May 13.  The FDA is establishing a public docket for this listening session.  Electronic comments must be submitted to the https://www.regulations.gov electronic filing system on or before August 13, 2024.  Registration to speak at the meeting is based on space availability, with priority given to early registrants.  Information on requests for special accommodations due to a disability will be provided during registration.

FDA Advisory Committees
At the FDA, we rely on our many advisory committees to help us make sound decisions based on the best science available.  The FDA’s complex and multifaceted mission includes evaluating new medical devices and medicines, including vaccines and other therapies, to determine if they are safe and effective for their intended use.  FDA advisory committees give our own agency experts outside, independent, and professional advice on various complex scientific, technical, and policy issues.  On June 13, the FDA is holding a virtual public meeting to solicit input on the advisory committee system.
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USDOL Issues Comprehensive Employer Guidance on Long COVID

The United States Department of Labor (USDOL) has issued a comprehensive set of resources that can be accessed below for employers on dealing with Long COVID.

Supporting Employees with Long COVID: A Guide for Employers

The “Supporting Employees with Long COVID” guide from the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) and Job Accommodation Network (JAN) addresses the basics of Long COVID, including its intersection with mental health, and common workplace supports for different symptoms.  It also explores employers’ responsibilities to provide reasonable accommodations and answers frequently asked questions about Long COVID and employment, including inquiries related to telework and leave.

Download the guide

Accommodation and Compliance: Long COVID

The Long COVID Accommodation and Compliance webpage from the USDOL-funded Job Accommodation Network (JAN) helps employers and employees understand strategies for supporting workers with Long COVID.  Topics include Long COVID in the context of disability under the Americans with Disabilities Act (ADA), specific accommodation ideas based on limitations or work-related functions, common situations and solutions, and questions to consider when identifying effective accommodations for employees with Long COVID.  Find this and other Long COVID resources from JAN, below:

Long COVID, Disability and Underserved Communities: Recommendations for Employers

The research-to-practice brief “Long COVID, Disability and Underserved Communities” synthesizes an extensive review of documents, literature and data sources, conducted by the USDOL-funded Employer Assistance and Resource Network on Disability Inclusion (EARN) on the impact of Long COVID on employment, with a focus on demographic differences.  It also outlines recommended actions organizations can take to create a supportive and inclusive workplace culture for people with Long COVID, especially those with disabilities who belong to other historically underserved groups.

Read the brief

Long COVID and Disability Accommodations in the Workplace

The policy brief “Long COVID and Disability Accommodations in the Workplace” explores Long COVID’s impact on the workforce and provides examples of policy actions different states are taking to help affected people remain at work or return when ready.  It was developed by the National Conference of State Legislatures (NCSL) as part of its involvement in USDOL’s State Exchange on Employment and Disability (SEED) initiative.

Download the policy brief

Understanding and Addressing the Workplace Challenges Related to Long COVID

The report “Understanding and Addressing the Workplace Challenges Related to Long COVID” summarizes key themes and takeaways from an ePolicyWorks national online dialogue through which members of the public were invited to share their experiences and insights regarding workplace challenges posed by Long COVID.  The dialogue took place during summer 2022 and was hosted by USDOL and its agencies in collaboration with the Centers for Disease Control and Prevention and the U.S. Surgeon General.

Download the report

Working with Long COVID

The USDOL-published “Working with Long COVID” fact sheet shares strategies for supporting workers with Long COVID, including accommodations for common symptoms and resources for further guidance and assistance with specific situations.

Download the fact sheet

COVID-19: Long-Term Symptoms

This USDOL motion graphic informs workers with Long COVID that they may be entitled to temporary or long-term supports to help them stay on the job or return to work when ready, and shares where they can find related assistance.

Watch the motion graphic

A Personal Story of Long COVID and Disability Disclosure

In the podcast “A Personal Story of Long COVID and Disability Disclosure,” Pam Bingham, senior program manager for Intuit’s Diversity, Equity and Inclusion in Tech team, shares her personal experience of navigating Long COVID symptoms at work.  The segment was produced by the USDOL-funded Partnership on Employment and Accessible Technology (PEAT) as part of its ongoing “Future of Work” podcast series.

Listen to the podcast

HHS OIG Issues Annual Report on State MFCUs

Per the notice below, the Office of the Inspector General (OIG) of the United States Department of Health and Human Services (HHS) has issued its annual report on the performance of state Medicaid Fraud Control Units (MFCUs).

Medicaid Fraud Control Units Fiscal Year 2023 Annual Report (OEI-09-24-00200) 

Medicaid Fraud Control Units (MFCUs) investigate and prosecute Medicaid provider fraud and patient abuse or neglect. OIG is the Federal agency that oversees and annually approves federal funding for MFCUs through a recertification process. This new report analyzed the statistical data on annual case outcomes—such as convictions, civil settlements and judgments, and recoveries—that the 53 MFCUs submitted for Fiscal Year 2023.  New York data is as follows:

Outcomes

  • Investigations1 - 556
  • Indicted/Charged - 9
  • Convictions - 8
  • Civil Settlements/Judgments - 28
  • Recoveries2 - $73,204,518

Resources

  • MFCU Expenditures3 - $55,964,293
  • Staff on Board4 - 257

1Investigations are defined as the total number of open investigations at the end of the fiscal year.

2Recoveries are defined as the amount of money that defendants are required to pay as a result of a settlement, judgment, or prefiling settlement in criminal and civil cases and may not reflect actual collections.  Recoveries may involve cases that include participation by other Federal and State agencies.

3MFCU and Medicaid Expenditures include both State and Federal expenditures.

4Staff on Board is defined as the total number of staff employed by the Unit at the end of the fiscal year.

Read the Full Report

View the Statistical Chart

Engage with the Interactive Map

GAO Issues Report on Medicaid Managed Care Service Denials and Appeal Outcomes

The United States Government Accountability Office (GAO) has issued a report on federal use of state data on Medicaid managed care service denials and appeal outcomes.  GAO found that federal oversight is limited because it doesn't require states to report on Medicaid managed care service denials or appeal outcomes and there has not been much progress on plans to analyze and make the data publicly available.  To read the GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the first link below.  To read GAO highlights of the report on federal use of state data on Medicaid managed care service denials and appeal outcomes, use the second link below.
https://www.gao.gov/assets/d24106627.pdf  (GAO report on federal use of state data on Medicaid managed care service denials and appeal outcomes)
https://www.gao.gov/assets/d24106627_high.pdf  (GAO highlights on federal use of state data on Medicaid managed care service denials and appeal outcomes)

CMS Issues Latest Medicare Regulatory Activities Update

The Centers for Medicare and Medicaid Services (CMS) has issued its latest update on its regulatory activities in the Medicare program.  While dentistry is only minimally connected to the Medicare program, Medicare drives the majority of health care policies and insurance reimbursement policies throughout the country.  Therefore, it always pays to keep a close eye on what CMS is doing in Medicare.  To read the latest CMS update on its regulatory activities in Medicare, use the link below.
https://www.cms.gov/training-education/medicare-learning-network/newsletter/2024-03-14-mlnc