Changes in HCEI Draft Guidance Noted
Three Akin Gump attorneys say that while a 2026 FDA draft guidance on how drug companies may communicate healthcare economic information with payors, formulary committees, and similar entities doesn’t break significant new ground, there are some differences between it and the 2018 final guidance it will replace when it is finalized. In an online post, the attorneys say the new draft eliminates the separate device section from the 2018 guidance and integrates drug and device guidance.
Other notable changes cited by the attorneys are:
- statutory footing replaces enforcement discretion;
- disclosure obligations are now mandatory; and
- devices are now fully integrated.
“While it is helpful that this draft guidance is incorporating recent statutory changes,” the analysis concludes, “this relatively discrete release comes at a time when FDA is pursuing a number of initiatives that specifically focus on coverage, reimbursement, and payment considerations prior to drug or device approval or clearance, such as the Commissioner’s National Priority Voucher program for drugs and the RAPID coverage pathway for devices. The comment period for the draft guidance, which ends 8/3, offers an opportunity to seek clarifications or recommend different approaches.”