HHS Steps on FDA’s Feet to Advance 2 Policies
In the final days of the Trump Administration, HHS is proposing two last minute policies affecting FDA that are intended to enhance transparency, efficiency, and reduce unnecessary regulation. The first policy requires more information to be made public on drug approval timelines, and the second provides waivers from premarket review requirements on certain devices when data show the reviews are unnecessary, delay bringing devices to patients, and increase health care costs without corresponding safety and efficacy benefits, according to HHS chief of staff Brian Harrison.
The policy announcements reportedly came as a surprise to FDA, indicating a frayed relationship between commissioner Stephen Hahn and HHS secretary Alex Azar and other administration officials (see earlier story). The announcement rattled former FDA commissioner Scott Gottlieb, who said on Twitter: “I've been disappointed to see HHS infringing on FDA’s public health prerogatives in the closing days of the administration. The way they’re pursuing these unilateral actions will have long-term consequences at a time when FDA’s stature is critical to seeing us through this [Covid-19] crisis.”
The first policy would require FDA to publish annually for each NDA/ANDA approved the total days that elapsed between initial submission and approval. The second policy aims to make permanent pre-market review waivers for seven Class 1 devices that were granted temporary waivers during the Covid emergency. It would also extend the waiver to additional 83 Class 2 devices. HHS is asking for public comments on the waiver proposal.