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Drugs, Biologics, or Gene Therapies with an Accelerated Approval
08.02.35

Policy

Drugs, biologics, or gene therapies that receive an accelerated approval are considered a benefit contract exclusion for most plans, and, therefore, not eligible for reimbursement consideration for a period of 18 months following the US food and Drug Administration (FDA) accelerated approval date when all of the following criteria are met:


  • The drug does not have a final, standard, traditional FDA approval.
  • The accelerated approval was based on a surrogate endpoint.
  • The FDA indicates that a confirmatory trial is necessary to demonstrate clinical benefits.

During the 18-month consideration period, the Company will evaluate any new reliable data. By the end of this consideration period of 18 months, the Company will provide a coverage position based on the current status of those reliable data.

 

This exclusion does not apply to drugs, biologics, or gene therapies under the following circumstances​:


  • The drugs, biologics, or gene therapies are an anti-cancer treatment.​
  • Coverage is required based on a federal or state mandate/regulation.

Individual benefits must be verified.​​



NOTE: For plans that do not have a benefit contract exclusion for drugs, biologics, or gene therapies that receive an accelerated approval with insufficient reliable evidence of effectiveness, refer to the individual drugs, biologics, or gene therapies medical policies for additional information. 



Guidelines

BENEFIT APPLICATION

Subject to the terms and conditions of the applicable benefit contract, drugs, biologics, or gene therapies that receive an accelerated approval may be a benefit exclusion under the medical benefits of the Company's products​.



Description

In 1992, the US Food and Drug Administration (FDA) implemented the accelerated approval process that allowed conditional approval for drugs that treat serious conditions to address an unmet medical need based on a surrogate endpoint. A surrogate endpoint is a marker (i.e., lab measurement, imaging, physical sign or other measure) believed to predict clinical benefit, but is not the targeted measure of clinically meaningful therapeutic effect for the disease. There is uncertainty as to the relation of a surrogate endpoint to clinical benefit, or of the observed clinical benefit to ultimate outcome.


On July 9, 2012, the US Food and Drug Administration Safety Innovation Act (FDASIA) was signed into law, which e xpanded the FDA-accelerated approval for drugs, biologics, or gene therapies to include intermediate clinical endpoints as another acceptable measure for approval. An intermediate clinical endpoint is a therapeutic effect measure considered reasonably likely to predict the clinical benefit. It can be observed that intermediate endpoints for FDA's accelerated approval can include a measure of function and/or symptoms among other clinically relevant data points, which may direct evaluation regarding potential effectiveness more objectively. For example, overall response rate (ORR), objective response rate (ORR), and duration of response (DoR) etc. are typical intermediate endpoints for oncological accelerated approval. Instances of intermediate endpoint measures such as gross motor milestone achievement can be documented for non-oncological FDA accelerated approvals as well. The clinical relevance of these measures addressing potential efficacy may be unlike when the FDA uses hypothetical biological relevance of surrogate endpoints (e.g., such as using biomarkers only).


The FDA indicates the manufacturers of the drugs, biologics, or gene therapies that receive accelerated approval will need to conduct adequate and well-controlled studies to confirm the anticipated clinical benefit.​


References

Code of Federal Regulations. Title 21, Chapter 1. Subchapter D Part 314 Subpart H--Accelerated Approval of New Drugs for Serious or Life-Threatening Illnesses. 10/6/2016. Available at https://www.ecfr.gov/current/title-21/chapter-I/subchapter-D/part-314/subpart-H​. Accessed September 19, 2024. 

U.S. Food and Drug Administration. ​Food and drug administration safety and innovation act. 03/28/2018. Available at https://www.fda.gov/regulatory-information/selected-amendments-fdc-act/food-and-drug-administration-safety-and-innovation-act-fdasia. Accessed September 19, 2024. 

U.S. Food and Drug Administration. Accelerated Approval Program. 02/22/2024. Available at https://www.fda.gov/drugs/nda-and-bla-approvals/accelerated-approval-program. Accessed September 19, 2024.

U.S. Food and Drug Administration. Accelerated Approval. 02/24/2023. Available at https://www.fda.gov/patients/fast-track-breakthrough-therapy-accelerated-approval-priority-review/accelerated-approval. Accessed September 19, 2024.

Coding

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ICD - 10 Procedure Code Number(s)

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Coding and Billing Requirements


Policy History

Revisions From 08.02.35:
01/01/2025

This new policy will become effective 01/01/2025.


This new policy has been developed to clarify a new benefit exclusion for most plans. ​



1/1/2025
1/2/2025
08.02.35
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