Lance's Corner

FDA Issues Comprehensive Regulatory Update

Aug 20, 2024

The United States Food and Drug Administration (FDA) has issued its weekly comprehensive regulatory update, which can be read below.

The latest from FDA

UpdatesImportant public health and other updates from FDA since our last MCMi email include:

More FDA press announcements

 

HPAI response updates 

Highly pathogenic avian influenza (H5N1 HPAI) in dairy cows  

Updates on Highly Pathogenic Avian Influenza (HPAI) in dairy cows
FDA released the results of the second retail sampling survey that tested dairy products for the highly pathogenic avian influenza A (H5N1). No viable virus was detected in the samples collected from retail locations and analyzed between June 18-July 31, 2024. These results strengthen previous assessments that commercial pasteurization inactivates the H5N1 virus. The USDA Agricultural Research Service and the FDA are submitting the survey results for publication in a peer-reviewed journal. The pre-publication is available at: Characterization of highly pathogenic avian influenza virus in retail dairy products in the U.S.(August 13, 2024)

 

Additional information from FDA and our federal partners:
Consumer information on milk safety from FDA:

 

Artificial intelligence (AI) and machine learning (ML) update

Using ML to identify a suitable patient population for anakinra for the treatment of COVID-19 under EUA

Graphic representing artificial intelligence (AI) and SARS-CoV-2, the virus that causes COVID-19
In this Spotlight on CDER Science, FDA Center for Drug Evaluation and Research (CDER) reviewers combined the predictive ability of AI/ML with appropriate validation processes to develop a method to identify a patient population who will likely benefit from a drug therapy.

On November 8, 2022, FDA issued an Emergency Use Authorization (EUA) for anakinra (Kineret) for the treatment of COVID-19 in hospitalized adults with pneumonia requiring supplemental oxygen (low- or high-flow oxygen) who are at risk of progressing to severe respiratory failure and likely to have an elevated plasma soluble urokinase plasminogen activator receptor (suPAR). However, an approved suPAR commercial test is not available in the U.S., which created a challenge during CDER’s review of the EUA application when identifying the patient population most likely to benefit from anakinra.

To ensure patients’ timely access to this treatment, the CDER review team used AI/ML to facilitate the identification of patients who could receive the drug under the EUA. The goal was to develop a scoring rule that would ensure a high proportion of patients meeting the criteria would have a suPAR ≥ 6 ng/mL. This was the first time that CDER used AI/ML for a regulatory decision. (July 31, 2024)


AI/ML-enabled medical devices

FDA updated the list of Artificial Intelligence and Machine Learning (AI/ML)-Enabled Medical Devices. With this update, FDA has authorized 950 AI/ML-enabled medical devices. (August 7, 2024)

 

Emergency Use Authorization (EUA) updates

Emergency Use Authorization (EUA)

New EUA for treatment of hemorrhage or coagulopathy

FDA granted an EUA to Octapharma Pharmazeutika Produktionsges.m.b.H. for emergency use of octaplasLG Powder (blood group types A and AB) for U.S. military forces for the treatment of hemorrhage or coagulopathy during an emergency involving agents of military combat (e.g., firearms, projectiles, and explosive devices) when plasma is not available for use or when the use of plasma is not practical.
Hemorrhage, sometimes accompanied by coagulopathy (a condition that affects the blood’s ability to clot), is a leading cause of death among combat trauma casualties. Plasma contains proteins that may be effective at helping clot blood and can be used for the management of hemorrhage and coagulopathy. However, its use in combat settings is severely limited by logistical and operational challenges such as the need for refrigeration and, in the case of frozen plasma, a long thawing period.

OctaplasLG Powder is a powdered freeze-dried product that can be used following reconstitution (adding water back to the powder) in settings where refrigeration is not available, thus enabling the rapid availability of plasma for use at the point of injury. (August 8, 2024)

 

Recent new in vitro diagnostic EUAs

Additional information about these EUAs can be found at: In Vitro Diagnostics EUAs - Antigen Diagnostic Tests for SARS-CoV-2 
  • 7/23/2024: Flowflex Plus COVID-19 and Flu A/B Home Test (ACON Laboratories, Inc.)
  • 7/8/2024: Nano-Check Influenza+COVID-19 Dual Test (Nano-Ditech Corporation)

EUA revocations

FDA revoked the following EUAs for the reasons noted in the revocation letters
  • 8/7/2024: LumiraDx SARS-CoV-2 & Flu A/B RNA STAR Complete Assay (LumiraDx UK Ltd.)
  • 8/5/2024: cobas SARS-CoV-2 Nucleic acid test for use on the cobas Liat System (cobas SARS-CoV-2) (Roche Molecular Systems)
  • 7/30/2024: Sampinute COVID-19 Antigen MIA (Celltrion USA, Inc.)
  • 7/30/2024: Celltrion DiaTrust COVID-19 Ag Home Test and Celltrion DiaTrust COVID-19 Ag Rapid Test (Celltrion USA, Inc.)

Quick links

 

Events

More events:FDA Meetings, Conferences and Workshops

 

Information for industry and health care providers

Clinicians Connect: Conversations with FDA's Chief Medical Officer

 

Clinicians Connect

View a recording of our firstClinicians Connect: Conversations with FDA's Chief Medical Officer call, where clinicians heard directly from the FDA and CDC about the latest on the respiratory virus vaccine and therapeutic approval processes, medical products currently available, recommendations, and resources. To stay informed about future Clinicians Connect: Conversations with FDA's Chief Medical Officer, please subscribe to our mailing list. (August 8, 2024)

 

Recently posted information


Expiration Date Extension

Expiration date extension

You can find information about shelf-life extensions of COVID-19 vaccines, therapeutics, and in vitro diagnostic (IVD) tests, and other medical countermeasures, on our web page: Expiration Dating Extension, under MCM Expiration Dating Extensions.

Visit At-Home OTC COVID-19 Diagnostic Tests and At-Home COVID-19 Diagnostic Tests: Frequently Asked Questions for more information about expiration date extensions of at-home COVID-19 tests.

 

In case you missed it

MCMi FY23 report
Medical Countermeasures Initiative (MCMi) Program Update report
This annual report showcases FDA's work each year to prepare for public health emergencies. Covering FY 2023, it includes updates on FDA's work agency-wide to support development of and access to medical countermeasures for a variety of public health threats.

 


MCMi program update FY 2021
Researching FDA
Join FDA on a journey into the heart of regulatory science, where innovation meets safety, and research drives policy decisions. At FDA, we're committed to advancing science for the benefit of society. This video series showcases our groundbreaking regulatory science work.

 


Q&A with FDA podcast (CE available)
Q&A with FDA podcast
In this podcast series, FDA’s Division of Drug Information answers some of the most commonly asked questions received by FDA. Previous episodes include conversations about drug shortages, expanded access, avoiding medication scams, and much more.

 


COVID-19 resources 112px
Quick COVID-19 resources

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