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U.S. Department of Health and Human Services

Medical Devices

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Performance Goals For The Medical Device User Fee And Modernization Act Of 2002 -- (Senate - November 19, 2002)

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[Page: S11549]
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Mr. KENNEDY. Mr. President, on October 17, 2002, the Senate passed the Medical Device User Fee and Modernization Act of 2002, "MDUFMA". Included in Title I of this bill is the authorization of medical device user fees.

Performance goals, existing outside of the statute, accompany the authorization of medical device user fees. These goals represent a realistic projection of what the Food and Drug Administration's Center for Devices and Radiological Health and Center for Biologics Evaluation and Research can accomplish with industry cooperation. The Secretary of Health and Human Services forwarded these goals to the chairmen of the Committee on Energy and Commerce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate, in a document entitled "MDUFMA PERFORMANCE GOALS AND PROCEDURES." According to Section 101 of Title I of MDUFMA, "the fees authorized by this title will be dedicated to meeting the goals set forth in the Congressional Record."

Today I am submitting for the RECORD this document, which was forwarded to the Committee on Health, Education, Labor and Pensions on November 14, 2002, as well as the letter from Secretary Thompson that accompanied the transmittal of this document.

I ask unanimous consent to print those items.

There being no objection, the material was ordered to be printed in the RECORD, as follows:

MDUFMA Performance Goals and Procedures

The performance goals and procedures of the FDA Center for Devices and Radiological Health (CDRH) and the Center for Biologics Evaluation and Research (CBER), as agreed to under the medical device user fee program in the Medical Device User Fee and Modernization Act of 2002, are summarized as follows:

I. REVIEW PERFORMANCE GOALS--FISCAL YEAR 2003 THROUGH 2007

All references to "days" mean "FDA days."

  1. ORIGINAL PREMARKET APPROVAL (PMA), PANEL-PMATRACK SUPPLEMENT, AND PREMARKET REPORT SUBMISSIONS
  1. The following cycle goals apply to: 75% of submission received in fiscal year 2005; 80% of submissions received in fiscal year 2006; 90% of submissions received in fiscal year 2007.

     

       (a) First action major deficiency letters will issue within 150 days.

       (b) All other first action letters (approval, approvable, approvable pending good manufacturing practices (GMP) inspection, not approvable, or denial) will issue within 180 days.

       (c) Second or later action major deficiency letters will issue within 120 days.

       (d) Amendments containing a complete response to major deficiency or not approvable letters will be acted on within 180 days.

  2. Decision Goals:

     

       (a) 80% of submissions received in fiscal year 2006 will have an FDA decision in 320 days.

       (b) 90% of submissions received in fiscal year 2007 will have an FDA decision in 320 days.

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  3. Subject to the following paragraph, 50% of submissions received in fiscal year 2007 will have an FDA decision in 180 days.

    This goal will be re-evaluated following the end of fiscal year 2005. FDA will hold a public meeting to consult with its stakeholders and to determine whether this goal is appropriate for implementation in fiscal year 2007. If FDA determines that the goal is not appropriate, prior to August 1, 2006, the Secretary will send a letter to the Committee on Health, Education, Labor and pensions of the Senate and to the Energy and Commerce Committee, Subcommittee on Health of the House of Representatives stating that the goal will not be implemented and the rationale for its removal.

  4. 90% of amendments containing a complete response to an approvable letter received in fiscal years 2003 through 2007 will be acted on within 30 days.
  1. EXPEDITED ORIGINAL PMA SUBMISSIONS

     

  1. The following goals apply to PMA submissions where:

       (a) FDA has granted the application expedited status;

       (b) The applicant has requested and attended a pre-filing review meeting with FDA;

       (c) The applicant's manufacturing facilities are prepared for inspection upon submission of the application; and

       (d) The application is substantively complete, as defined at the pre-filing review meeting.

  2. The following cycle goals apply to: 70% of submissions received in fiscal year 2005; 80% of submissions received in fiscal year 2006; 90% of submissions received in fiscal year 2007.

       (a) First action major deficiency letters will issue within 120 days.

       (b) All other first action letters (approval, approvable, approvable pending GMP inspection, not approvable, or denial) will issue within 170 days.

       (c) Second or later action major deficiency letters will issue within 100 days.

       (d) Amendments containing a complete response to major deficiency or not approvable letters will be acted on within 170 days.

  3. Decision Goals:

       (a) 70% of submissions received in fiscal year 2005 will have an FDA decision in 300 days.

       (b) 80% of submissions received in fiscal year 2006 will have an FDA decision in 300 days.

       (c) 90% of submissions received in fiscal year 2007 will have an FDA decision in 300 days.

  4. 90% of amendments containing a complete response to an approvable letter received in fiscal years 2003 through 2007 will be acted on within 30 days.
  1. 180-DAY PMA SUPPLEMENT SUBMISSIONS
  1. The following goals apply to: 80% of submissions in fiscal year 2005; 85% of submissions in fiscal year 2006; 90% of submissions in fiscal year 2007.

       (a) First action not approvable letters will issue within 120 days.

       (b) All other first action letters (approval, approvable, approvable pending GMP inspection, not approvable or denial) will issue within 180 days.

       (c) Amendments containing a complete response to a not approvable letter will be acted on within 160 days.

  2. Decision Goals:

       (a) 80% of submissions received in fiscal year 2005 will have an FDA decision in 180 days.

       (b) 80% of submissions received in fiscal year 2006 will have an FDA decision in 180 days.

       (c) 90% of submissions received in fiscal year 2007 will have an FDA decision in 180 days.

  3. Current performance for real-time review PMA supplement submissions will be maintained.
  1. 510(K) SUBMISSIONS
  1. The following goals apply to: 70% of submissions received in fiscal year 2005; 80% of submissions received in fiscal year 2006; 90% of submissions received in fiscal year 2007.

     

       (a) First action additional information letters will issue within 75 days.

       (b) Subsequent action letters will issue within 60 days.

  2. Decision Goals:

       (a) 75% of submissions received in fiscal years 2005 and 2006 will have an FDA decision in 90 days.

  3. Subject to the following paragraph, 80% of submissions received in fiscal year 2007 will have an FDA decision in 90 days.

    This goal will be re-evaluated following the end of fiscal year 2005. FDA will hold a public meeting to consult with its stakeholders and to determine whether this goal is appropriate for implementation in fiscal year 2007. If FDA determines that the goal is not appropriate, prior to August 1, 2006, the Secretary will send a letter to the Committee on Health, Education, Labor and Pensions of the Senate and to the Energy and Commerce Committee, Subcommittee on Health of the House of Representatives stating that the goal will not be implemented and the rationale for its removal, and that the goal for fiscal year 2006 will be implemented for fiscal year 2007.

  1. ORIGINAL BIOLOGICS LICENSING APPLICATIONS (BLAS)

    The following goals apply to: 75% of submissions received in fiscal year 2006; 90% of submissions received in fiscal year 2007.

  1. Review and act on standard original BLA submissions within 10 months of receipt.
  2. Review and act on priority original BLA submissions within 6 months of receipt.
  1. BLA EFFICACY SUPPLEMENTS

    The following goals apply to: 75% of submissions received in fiscal year 2006; 90% of submissions received in fiscal year 2007.

  1. Review and act on standard BLA efficacy supplement submissions within 10 months of receipt.
  2. Review and act on priority BLA efficacy supplement submissions within 6 months of receipt.
  1. ORIGINAL BLA AND BLA EFFICACY SUPPLEMENT RESUBMISSIONS

    The following goals apply to: 75% of submissions received in fiscal year 2005; 80% of submissions received in fiscal year 2006; 90% of submissions received in fiscal year 2007.

  1. Review and act on Class 1 original BLA and BLA efficacy supplement resubmissions within 2 months of receipt.
  2. Review and act on Class 2 original BLA and BLA efficacy supplement resubmissions within 6 months of receipt.
  1. BLA MANUFACTURING SUPPLEMENTS REQUIRING PRIOR APPROVAL

    The following goal applies to: 75% of submissions received in fiscal year 2006; 90% of submissions received in fiscal year 2007.

  1. Review and act on BLA manufacturing supplements requiring prior approval within 4 months of receipt.
  1. ADDITIONAL EFFORTS RELATED TO PERFORMANCE GOALS

    The Agency and the regulated industry agree that the use of both informal and formal meetings (e.g., determination and agreement meetings, informal pre-investigational device exemption (IDE) meetings, pre-PMA meetings, pre-PMA filing meetings) by both parties is critical to ensure high application quality such that the above performance goals can be achieved.

  1. MAINTENANCE OF CURRENT PERFORMANCE

    It is the intent of the Agency that in review areas where specific performance goals have not been identified, current performance will be maintained.

  1. APPLICATION OF USER FEE REVENUES

    The Agency intends to apply significant user fee revenues to support reviewer training and hiring and/or outside contracting to achieve the identified performance goals in a responsible and efficient manner.

  1. MODULAR PMA REVIEW PROGRAM

    The Agency intends to issue guidance regarding the implementation of new section 515(c)(3) of the Federal Food, Drug, and Cosmetic Act. It is the intent of the Agency that once this program is implemented, the Agency will work with its stakeholders to develop appropriate performance goals for this program. Until such time, the Agency intends to review and close complete modules that are submitted well in advance of the PMA submission as expeditiously as possible.

  1. "FOLLOW-ON" LICENSED DEVICES

    The Center for Biologics Evaluation and Research will, if feasible, identify a category of "follow-on" licensed devices and collect information to determine whether alternative performance goals for such a category are appropriate.

  1. BUNDLING POLICY

    The Agency will, in consultation with its stakeholders, consider the issue of bundling for products with multiple related submissions. After such consultation, the Agency will either issue guidance on bundling or publish a notice explaining why it has determined that bundling is inappropriate.

  1. ELECTRONIC REVIEW OF APPLICATIONS

    The Agency will continue its efforts toward development of electronic receipt and review of applications, as expeditiously as possible, acknowledging that insufficient funding is included in the user fee program for this effort.

  1. PREAPPROVAL INSPECTIONS

    The Agency will plan to improve the scheduling and timeliness of preapproval inspections. The Agency will monitor the progress of these efforts and provide such information in the annual performance report.

 

  1. ANNUAL STAKEHOLDER MEETING

    Beginning in fiscal year 2004, FDA will hold annual public meetings to review and evaluate the implementation of this program in consultation with its stakeholders.

 

  1. DEFINITIONS AND EXPLANATION OF TERMS

 

  1. For original PMA submissions, Panel-Track PMA supplement submissions, expedited original PMA submissions, 180-day supplement submissions, and premarket report submissions, issuance of one of the following letters is considered to be an FDA decision:
  1. approval
  2. approvable
  3. approvable pending GMP inspection
  4. not approvable
  5. denial
  1. For 510(k) submissions, issuance of one of the following letters is considered to be an FDA decision:
  1. substantially equivalent (SE)
  2. not substantially equivalent (NSE)
  1. Submission of an unsolicited major amendment to an original PMA submission, Panel-Track PMA supplement submission, expedited original PMA submission, 180-day supplement submission, or premarket report submission extends the FDA decision goal date by the number of days equal to 75% of the difference between the filing date and the date of receipt of the amendment. The submission of the unsolicited major amendment is also considered an action that satisfies the first or later action goal, as applicable.
  1. For BLA (original, efficacy supplement, or manufacturing supplement) submissions, the term "review and act on" is understood to mean the issuance of a complete action letter after the complete review of a filed

     

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    complete application. The action letter, if it is not an approval, will set forth in detail the specific deficiencies and, where appropriate, the actions necessary to place the application in condition for approval.

  1. For original BLA and BLA efficacy supplement resubmissions:

     

    1. Class 1 resubmitted applications are applications resubmitted after a complete response letter that include the following items only (or combinations of these items):

    (a) Final printed labeling

    (b) Draft labeling

    (c) Safety updates submitted in the same format, including tabulations, as the original safety submission with new data and changes highlighted (except when large amounts of new information including important new adverse experiences not previously reported with the product are presented in the resubmission)

    (d) Stability updates to support provisional or final dating periods

    (e) Commitments to perform Phase 4 studies, including proposals for such studies

    (f) Assay validation data

    g) Final release testing on the last 1-2 lots used to support approval

    (h) A minor reanalysis of data previously submitted to the application (determined by the agency as fitting the Class 1 category)

    (i) Other minor clarifying information (determined by the Agency as fitting the Class 1 category)

    (j) Other specific items may be added later as the Agency gains experience with the scheme and will be communicated via guidance documents to industry.

  1. Class 2 resubmissions are resubmissions that include any other items, including any item that would require presentation to an advisory committee.

THE SECRETARY OF HEALTH AND
HUMAN SERVICES,

Washington, DC, November 14, 2002.
Hon. EDWARD KENNEDY, 
U.S. Senate,
Washington, DC.

DEAR MR. CHAIRMAN. As you are aware, the Medical Device User Fee and Modernization Act of 2002 was signed by the President on October 26, 2002. Under Title I, the additional revenues generated from fees paid by the medical device industry will be used to expedite the medical device review process, in accordance with performance goals that were developed by the Food and Drug Administration (FDA) in consultation with the industry.

FDA has worked with various stakeholders, including representatives from consumer, patient, and health provider groups, and the medical device industry to develop legislation and goals that would enhance the success of the device review program. Title I of the Medical Device User Fee and Modernization Act of 2002 reflects the fee mechanisms and other improvements developed in these discussions. The performance goals referenced in Section 101 are specified in the enclosure to this letter, entitled "Performance Goals and Procedures." I believe they represent a realistic projection of what FDA can accomplish with industry cooperation and the additional resources identified in the bill.

This letter and the enclosed goals document pertain only to title I (Fees Related to Medical Devices) of Public Law 107-250, Medical Device User Fee and Modernization Act of 2002. OMB has advised that there is no objection to the presentation of these views from the standpoint of the Administration's program. We appreciate the support of you and your staffs, the assistance of other Members of the Committee, and that of the Appropriations Committees, in the authorization of this vital program.

Sincerely,

TOMMY G. THOMPSON.

 

END