House Health Subcommittee Hearing on User Fee Agreements
The House Energy and Commerce Committee’s Health Subcommittee is holding a user fee reauthorization hearing 2/3 at 10:30 a.m. The hearing will review the reauthorization legislative language for the Biosimilar User Fee Amendments of 2022, Generic Drug User Fee Amendments of 2022, and Prescription Drug User Fee Amendments of 2022.
Noticeably absent at the hearing is the user fee agreement for medical devices, to which negotiations between FDA and the device industry have not concluded (see earlier story). The two parties have reportedly come to a standstill in their negotiations and remain about $1 billion apart in their proposals. They have reportedly not had talks since Thanksgiving, according to a report by Market Pathways. Once a deal is reached on device user fees, the commitment letter is posted for a 30-day public comment period and public stakeholder meeting must be convened before it can be sent to Congress.
The device industry is calling for a “back to basics” approach that is intended to provide enough funding and staffing to support FDA regaining pre-Covid-19 performance levels, but shying away from funding any new significant programs or initiatives tied to user fees. Meanwhile, the report says the agency is pushing hard for its TPLC (Total Product Lifecycle) Advisory Program (TAP) proposal, which would dedicate additional user fee funding to launch a concierge-style approach for participating devices. The two sides are also divided on how FDA handles carryover funds that are left over at the end of each fiscal year.