Committee Dems Hit Azar on LDT Approvals

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The three leading Democrats on the House Energy and Commerce Committee say a new HHS policy to allow marketing of laboratory-developed tests (LDTs) without FDA review “could lead to numerous faulty tests on the market, raising serious concerns about the reliability of tests used to detect Covid-19. In a 10/7 letter to HHS secretary Alex Azar, Reps. Frank Pallone (D-NJ), Anna Eshoo (D-CA), and Diana DeGette (D-CO) say FDA jurisdiction over LDTs is warranted during public health emergencies to help avoid false negative results that can have serious adverse consequences.

“We are disappointed that rather than follow this safer, more constructive approach, political leadership at HHS has chosen a reckless path, removing the requirement for LDTs to receive any review by FDA prior to their use during the worst pandemic of our lifetimes,” the representatives write. “This decision will increase the chances of false negative results, endangering countless lives, and weakening our understanding of Covid019 as we head into fall and winter.”

The letter also complains that the “abrupt and cursory nature” of the HHS announcement of the new procedure “has raised many questions about the reach of the new LDT policy and its ramifications for public health.”

The representatives ask for responses to 10 questions about the decision, FDA’s responses to the policy, and the role played by HHS assistant secretary for public affairs Michael Caputo in drafting and announcing the policy change.

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