FDA, CMS Reiterate Need for FDA Test Oversight
In a joint 1/18 statement, CDRH director Jeff Shuren and Centers for Medicare & Medicaid Services (CMS) acting chief medical officer and acting director of the Center for Clinical Standards and Quality Dora Hughes say both agencies support an FDA 10/2023 proposed rulemaking to regulate laboratory-developed tests. “Both CMS and FDA believe that patients and their doctors need to know that LDTs are valid,” the statement says. “FDA and CMS both provide oversight to help assure the accuracy of test results, however, they have different roles. CMS regulates laboratories that perform testing in individuals in the U.S. through the Clinical Laboratory Improvement Amendments (CLIA) of 1988 by establishing quality standards for all laboratory testing to help ensure the accuracy, reliability, and timeliness of patient test results.”
While some stakeholders have suggested that LDT concerns should be addressed through an expansion of CLIA, Shuren and Hughes say that is not the answer since CMS does not have the expertise to assure that tests work, while FDA does. “Moreover,” they say, “establishing a duplicative system for the oversight of tests by expanding CLIA would create more government bureaucracy and inconsistencies. That makes no sense.”
Shuren and Hughes conclude that patients and providers need to have confidence that laboratory tests work. “We believe the complementary FDA and CMS frameworks are both critical to assuring patients can rely on the clinical accuracy of their test results,” they say.