[Federal Register Volume 85, Number 104 (Friday, May 29, 2020)]
[Proposed Rules]
[Pages 32460-32975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-10122]
[[Page 32459]]
Vol. 85
Friday,
No. 104
May 29, 2020
Part II
Department of Health and Human Services
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Centers for Medicare & Medicaid Services
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42 CFR Parts 405, 412, 413, et al.
Medicare Program; Hospital Inpatient Prospective Payment Systems for
Acute Care Hospitals and the Long Term Care Hospital Prospective
Payment System and Proposed Policy Changes and Fiscal Year 2021 Rates;
Quality Reporting and Medicare and Medicaid Promoting Interoperability
Programs Requirements for Eligible Hospitals and Critical Access
Hospitals; Proposed Rule
Federal Register / Vol. 85 , No. 104 / Friday, May 29, 2020 /
Proposed Rules
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services
42 CFR Parts 405, 412, 413, 417, 476, 480, 484, and 495
[CMS-1735-P]
RIN 0938-AU11
Medicare Program; Hospital Inpatient Prospective Payment Systems
for Acute Care Hospitals and the Long-Term Care Hospital Prospective
Payment System and Proposed Policy Changes and Fiscal Year 2021 Rates;
Quality Reporting and Medicare and Medicaid Promoting Interoperability
Programs Requirements for Eligible Hospitals and Critical Access
Hospitals
AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.
ACTION: Proposed rule.
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SUMMARY: We are proposing to revise the Medicare hospital inpatient
prospective payment systems (IPPS) for operating and capital-related
costs of acute care hospitals to implement changes arising from our
continuing experience with these systems for FY 2021 and to implement
certain recent legislation. We also are proposing to make changes
relating to Medicare graduate medical education (GME) for teaching
hospitals. In addition, we are providing the market basket update that
will apply to the rate-of-increase limits for certain hospitals
excluded from the IPPS that are paid on a reasonable cost basis,
subject to these limits for FY 2021. We are proposing to update the
payment policies and the annual payment rates for the Medicare
prospective payment system (PPS) for inpatient hospital services
provided by long-term care hospitals (LTCHs) for FY 2021. In this FY
2021 IPPS/LTCH PPS proposed rule, we are proposing changes to the new
technology add-on payment pathway for certain antimicrobial products
and other changes to new technology add-on payment policies, and to
collect market-based rate information on the Medicare cost report for
cost reporting periods ending on or after January 1, 2021, and
requesting comment on a potential market based MS-DRG relative weight
methodology beginning in FY 2024 that we may adopt in this rulemaking.
We are proposing to establish new requirements or revise existing
requirements for quality reporting by acute care hospitals and PPS-
exempt cancer hospitals. We also are proposing to establish new
requirements and revise existing requirements for eligible hospitals
and critical access hospitals (CAHs) participating in the Medicare and
Medicaid Promoting Interoperability Programs. We are providing
estimated and newly established performance standards for the Hospital
Value-Based Purchasing (VBP) Program, and proposing updated policies
for the Hospital Readmissions Reduction Program and the Hospital-
Acquired Condition (HAC) Reduction Program.
DATES: To be assured consideration, comments must be received at one of
the addresses provided in the ADDRESSES section, no later than 5 p.m.
EDT on July 10, 2020.
ADDRESSES: In commenting, please refer to file code CMS-1735-P. Because
of staff and resource limitations, we cannot accept comments by
facsimile (FAX) transmission.
Comments, including mass comment submissions, must be submitted in
one of the following three ways (please choose only one of the ways
listed):
1. Electronically. You may (and we encourage you to) submit
electronic comments on this regulation to http://www.regulations.gov.
Follow the instructions under the ``submit a comment'' tab.
2. By regular mail. You may mail written comments to the following
address ONLY: Centers for Medicare & Medicaid Services, Department of
Health and Human Services, Attention: CMS-1735-P, P.O. Box 8013,
Baltimore, MD 21244-1850.
Please allow sufficient time for mailed comments to be received
before the close of the comment period.
3. By express or overnight mail. You may send written comments via
express or overnight mail to the following address ONLY: Centers for
Medicare & Medicaid Services, Department of Health and Human Services,
Attention: CMS-1735-P, Mail Stop C4-26-05, 7500 Security Boulevard,
Baltimore, MD 21244-1850.
For information on viewing public comments, we refer readers to the
beginning of the SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT: Donald Thompson, (410) 786-4487, and
Michele Hudson, (410) 786-4487, Operating Prospective Payment, MS-DRGs,
Wage Index, New Medical Service and Technology Add-On Payments,
Hospital Geographic Reclassifications, Graduate Medical Education,
Capital Prospective Payment, Excluded Hospitals, Medicare
Disproportionate Share Hospital (DSH) Payment Adjustment, Medicare-
Dependent Small Rural Hospital (MDH) Program, Low-Volume Hospital
Payment Adjustment, and Critical Access Hospital (CAH) Issues.
Michele Hudson, (410) 786-4487 and Emily Lipkin, (410) 786-3633,
Long-Term Care Hospital Prospective Payment System and MS-LTC-DRG
Relative Weights Issues.
Emily Forrest, (202) 205-1922, Market Based Data Collection and
Potential Market Based MS-DRG Relative Weight Methodology Issues.
Siddhartha Mazumdar, (410) 786-6673, Rural Community Hospital
Demonstration Program Issues.
Jeris Smith, (410) 786-0110, Frontier Community Health Integration
Project Demonstration Issues.
Erin Patton, (410) 786-2437, Hospital Readmissions Reduction
Program--Administration Issues.
James Poyer, (410) 786-2261, Hospital Readmissions Reduction
Program--Readmissions--Measures Issues.
Michael Brea, (410) 786-4961, Hospital-Acquired Condition Reduction
Program--Administration Issues.
Annese Abdullah-Mclaughlin, (410) 786-2995, Hospital-Acquired
Condition Reduction Program--Measures Issues.
Julia Venanzi, (410) 786-1471 and Katrina Hoadley, (410) 786-8490,
Hospital Inpatient Quality Reporting Program.
Julia Venanzi, (410) 786-1471 and Pamela Brown (410) 786-3940,
Hospital Value-Based Purchasing Program.
Katrina Hoadley, (410) 786-8490, Hospital Inpatient Quality
Reporting and Hospital Value-Based Purchasing--Measures Issues Except
Hospital Consumer Assessment of Healthcare Providers and Systems
Issues.
Elizabeth Goldstein, (410) 786-6665, Hospital Inpatient Quality
Reporting and Hospital Value-Based Purchasing--Hospital Consumer
Assessment of Healthcare Providers and Systems Measures Issues.
Erin Patton, (410) 786-2437 and Ronique Evans, (410) 786-1000, PPS-
Exempt Cancer Hospital Quality Reporting Issues.
Mary Pratt, (410) 786-6867, Long-Term Care Hospital Quality Data
Reporting Issues.
Dylan Podson (410) 786-5031, Jessica Warren (410) 786-7519, and
Elizabeth Holland, (410) 786-1309, Promoting Interoperability Programs.
Steve Rubio, (410) 786-1782, Reimbursement for Submission of
Patient Records to Beneficiary and Family Centered Care Quality
Improvement Organizations (BFCC-QIOs) in Electronic Format.
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Maude Shepard, (410) 786-5598, Provider Reimbursement Review Board
Electronic Filing.
Kellie Shannon, (410) 786-0416 and Bob Kuhl, (443) 896-8410,
Medicare Bad Debt.
SUPPLEMENTARY INFORMATION:
Inspection of Public Comments: All comments received before the
close of the comment period are available for viewing by the public,
including any personally identifiable or confidential business
information that is included in a comment. We post all comments
received before the close of the comment period on the following
website as soon as possible after they have been received: http://www.regulations.gov/. Follow the search instructions on that website to
view public comments.
Tables Available Through the Internet on the CMS Website
The IPPS tables for this FY 2021 proposed rule are available
through the internet on the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html.
Click on the link on the left side of the screen titled, ``FY 2021 IPPS
Proposed Rule Home Page'' or ``Acute Inpatient--Files for Download.''
The LTCH PPS tables for this FY 2021 proposed rule are available
through the internet on the CMS website at: http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/LongTermCareHospitalPPS/index.html under the list item for Regulation Number CMS-1735-P. For
further details on the contents of the tables referenced in this
proposed rule, we refer readers to section VI. of the Addendum to this
FY 2021 IPPS/LTCH PPS proposed rule.
Readers who experience any problems accessing any of the tables
that are posted on the CMS websites, as previously identified, should
contact Michael Treitel at (410) 786-4552.
I. Executive Summary and Background
A. Executive Summary
1. Purpose and Legal Authority
This FY 2021 IPPS/LTCH PPS proposed rule would make payment and
policy changes under the Medicare inpatient prospective payment systems
(IPPS) for operating and capital-related costs of acute care hospitals
as well as for certain hospitals and hospital units excluded from the
IPPS. In addition, it would make payment and policy changes for
inpatient hospital services provided by long-term care hospitals
(LTCHs) under the long-term care hospital prospective payment system
(LTCH PPS). This proposed rule also would make policy changes to
programs associated with Medicare IPPS hospitals, IPPS-excluded
hospitals, and LTCHs. In this FY 2021 proposed rule, we are continuing
policies to address wage index disparities impacting low wage index
hospitals; and including proposals related to new technology add-on
payments for certain antimicrobial products, other proposals related to
new technology add-on payments, and to collect market-based rate
information on the Medicare cost report for cost reporting periods
ending on or after January 1, 2021, and requesting comment on a
potential market based MS-DRG relative weight methodology beginning in
FY 2024 that we may adopt in this rulemaking.
We are proposing to establish new requirements and revise existing
requirements for quality reporting by acute care hospitals and PPS-
exempt cancer hospitals that participate in Medicare. We also are
proposing to establish new requirements and revise existing
requirements for eligible hospitals and CAHs participating in the
Medicare and Medicaid Promoting Interoperability Programs.
We are providing estimated and newly established performance
standards for the Hospital Value-Based Purchasing (VBP) Program, and
proposing updated policies for the Hospital Readmissions Reduction
Program and the Hospital-Acquired Condition (HAC) Reduction Program.
Under various statutory authorities, we either discuss continued
program implementation or are proposing to make changes to the Medicare
IPPS, to the LTCH PPS, and to other related payment methodologies and
programs for FY 2021 and subsequent fiscal years. These statutory
authorities include, but are not limited to, the following:
Section 1886(d) of the Social Security Act (the Act),
which sets forth a system of payment for the operating costs of acute
care hospital inpatient stays under Medicare Part A (Hospital
Insurance) based on prospectively set rates. Section 1886(g) of the Act
requires that, instead of paying for capital-related costs of inpatient
hospital services on a reasonable cost basis, the Secretary use a
prospective payment system (PPS).
Section 1886(d)(1)(B) of the Act, which specifies that
certain hospitals and hospital units are excluded from the IPPS. These
hospitals and units are: Rehabilitation hospitals and units; LTCHs;
psychiatric hospitals and units; children's hospitals; cancer
hospitals; extended neoplastic disease care hospitals, and hospitals
located outside the 50 States, the District of Columbia, and Puerto
Rico (that is, hospitals located in the U.S. Virgin Islands, Guam, the
Northern Mariana Islands, and American Samoa). Religious nonmedical
health care institutions (RNHCIs) are also excluded from the IPPS.
Sections 123(a) and (c) of the BBRA Public Law (Pub. L.
106-113) and section 307(b)(1) of the BIPA (Pub. L. 106-554) (as
codified under section 1886(m)(1) of the Act), which provide for the
development and implementation of a prospective payment system for
payment for inpatient hospital services of LTCHs described in section
1886(d)(1)(B)(iv) of the Act.
Sections 1814(l), 1820, and 1834(g) of the Act, which
specify that payments are made to critical access hospitals (CAHs)
(that is, rural hospitals or facilities that meet certain statutory
requirements) for inpatient and outpatient services and that these
payments are generally based on 101 percent of reasonable cost.
Section 1866(k) of the Act, which provides for the
establishment of a quality reporting program for hospitals described in
section 1886(d)(1)(B)(v) of the Act, referred to as ``PPS-exempt cancer
hospitals.''
Section 1886(a)(4) of the Act, which specifies that costs
of approved educational activities are excluded from the operating
costs of inpatient hospital services. Hospitals with approved graduate
medical education (GME) programs are paid for the direct costs of GME
in accordance with section 1886(h) of the Act.
Section 1886(b)(3)(B)(viii) of the Act, which requires the
Secretary to reduce the applicable percentage increase that would
otherwise apply to the standardized amount applicable to a subsection
(d) hospital for discharges occurring in a fiscal year if the hospital
does not submit data on measures in a form and manner, and at a time,
specified by the Secretary.
Section 1886(o) of the Act, which requires the Secretary
to establish a Hospital Value-Based Purchasing (VBP) Program, under
which value-based incentive payments are made in a fiscal year to
hospitals meeting performance standards established for a performance
period for such fiscal year.
Section 1886(p) of the Act, which establishes a Hospital-
Acquired Condition (HAC) Reduction Program, under which payments to
applicable hospitals are adjusted to provide an incentive to reduce
hospital-acquired conditions.
Section 1886(q) of the Act, as amended by section 15002 of
the 21st
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Century Cures Act, which establishes the Hospital Readmissions
Reduction Program. Under the program, payments for discharges from an
applicable hospital as defined under section 1886(d) of the Act will be
reduced to account for certain excess readmissions. Section 15002 of
the 21st Century Cures Act directs the Secretary to compare hospitals
with respect to the number of their Medicare-Medicaid dual-eligible
beneficiaries (dual-eligibles) in determining the extent of excess
readmissions.
Section 1886(r) of the Act, as added by section 3133 of
the Affordable Care Act, which provides for a reduction to
disproportionate share hospital (DSH) payments under section
1886(d)(5)(F) of the Act and for a new uncompensated care payment to
eligible hospitals. Specifically, section 1886(r) of the Act requires
that, for fiscal year 2014 and each subsequent fiscal year, subsection
(d) hospitals that would otherwise receive a DSH payment made under
section 1886(d)(5)(F) of the Act will receive two separate payments:
(1) 25 percent of the amount they previously would have received under
section 1886(d)(5)(F) of the Act for DSH (``the empirically justified
amount''), and (2) an additional payment for the DSH hospital's
proportion of uncompensated care, determined as the product of three
factors. These three factors are: (1) 75 percent of the payments that
would otherwise be made under section 1886(d)(5)(F) of the Act; (2) 1
minus the percent change in the percent of individuals who are
uninsured; and (3) a hospital's uncompensated care amount relative to
the uncompensated care amount of all DSH hospitals expressed as a
percentage.
Section 1886(m)(6) of the Act, as added by section
1206(a)(1) of the Pathway for Sustainable Growth Rate (SGR) Reform Act
of 2013 (Pub. L. 113-67) and amended by section 51005(a) of the
Bipartisan Budget Act of 2018 (Pub. L. 115-123), which provided for the
establishment of site neutral payment rate criteria under the LTCH PPS,
with implementation beginning in FY 2016. Section 51005(b) of the
Bipartisan Budget Act of 2018 amended section 1886(m)(6)(B) by adding
new clause (iv), which specifies that the IPPS comparable amount
defined in clause (ii)(I) shall be reduced by 4.6 percent for FYs 2018
through 2026.
Section 1899B of the Act, as added by section 2(a) of the
Improving Medicare Post-Acute Care Transformation Act of 2014 (IMPACT
Act) (Pub. L. 113-185), which provides for the establishment of
standardized data reporting for certain post-acute care providers,
including LTCHs.
2. Waiver of the 60-Day Delayed Effective Date for the Final Rule
The United States is responding to an outbreak of respiratory
disease caused by a novel (new) coronavirus that has now been detected
in more than 190 locations internationally, including in all 50 States
and the District of Columbia. The virus has been named ``SARS-CoV-2''
and the disease it causes has been named ``coronavirus disease 2019''
(abbreviated ``COVID-19'').
Due to the significant devotion of resources to the COVID-19
response, as discussed and for the reasons discussed in section XI.D.
of the preamble of this propose rule, we are hereby waiving the 60-day
delay in the effective date of the final rule, and replacing it with a
30-day delay in the effective date of the final rule.
3. Summary of the Major Provisions
The following is a summary of the major provisions in this proposed
rule. In general, these major provisions are being proposed as part of
the annual update to the payment policies and payment rates, consistent
with the applicable statutory provisions. A general summary of the
proposed changes in this proposed rule is presented in section I.D. of
the preamble of this proposed rule.
a. Proposed MS-DRG Documentation and Coding Adjustment
Section 631 of the American Taxpayer Relief Act of 2012 (ATRA, Pub.
L. 112-240) amended section 7(b)(1)(B) of Public Law 110-90 to require
the Secretary to make a recoupment adjustment to the standardized
amount of Medicare payments to acute care hospitals to account for
changes in MS- DRG documentation and coding that do not reflect real
changes in case-mix, totaling $11 billion over a 4-year period of FYs
2014, 2015, 2016, and 2017. The FY 2014 through FY 2017 adjustments
represented the amount of the increase in aggregate payments as a
result of not completing the prospective adjustment authorized under
section 7(b)(1)(A) of Public Law 110-90 until FY 2013. Prior to the
ATRA, this amount could not have been recovered under Public Law 110-
90. Section 414 of the Medicare Access and CHIP Reauthorization Act of
2015 (MACRA) (Pub. L. 114-10) replaced the single positive adjustment
we intended to make in FY 2018 with a 0.5 percent positive adjustment
to the standardized amount of Medicare payments to acute care hospitals
for FYs 2018 through 2023. (The FY 2018 adjustment was subsequently
adjusted to 0.4588 percent by section 15005 of the 21st Century Cures
Act.) Therefore, for FY 2021, we are proposing to make an adjustment of
+ 0.5 percent to the standardized amount.
b. Proposed Changes to the New Technology Add-On Payment Policy for
Certain Antimicrobial Products
In the FY 2020 IPPS/LTCH PPS final rule (84 FR 42292 through
42297), we established an alternative inpatient new technology add-on
payment pathway for certain antimicrobial products in light of the
significant concerns related to the ongoing public health crisis
represented by antimicrobial resistance. Under this alternative
pathway, if a medical product receives the FDA's Qualified Infectious
Disease Product (QIDP) designation and received FDA marketing
authorization, such a product will be considered new and not
substantially similar to an existing technology for purposes of new
technology add-on payment under the IPPS and will not need to meet the
requirement that it represent an advance that substantially improves,
relative to technologies previously available, the diagnosis or
treatment of Medicare beneficiaries.
In light of recent information that continues to highlight the
significant concerns and impacts related to antimicrobial resistance
and emphasizes the continued importance of this issue both with respect
to Medicare beneficiaries and public health overall, we are proposing
changes to the new technology add-on payment policy for certain
antimicrobials for FY 2021.
As discussed in section II.G.9.b. of the preamble of this proposed
rule, we are proposing to expand our alternative new technology add-on
payment pathway for QIDPs to include products approved through FDA's
Limited Population Pathway for Antibacterial and Antifungal Drugs (LPAD
pathway). Under this proposal, for applications received for new
technology add-on payments for FY 2022 and subsequent fiscal years, if
an antimicrobial product is approved through FDA's LPAD pathway, it
will be considered new and not substantially similar to an existing
technology for purposes of the new technology add-on payment under the
IPPS, and will not need to meet the requirement that it represent an
advance that substantially improves, relative to technologies
previously available, the diagnosis or treatment of Medicare
beneficiaries.
Under current policy, a new technology must receive FDA marketing
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authorization (for example, approval or clearance) by July 1 to be
considered in the final rule in order to allow complete review and
consideration of all the information to determine if the technology
meets the new technology add-on payment criteria. For the reasons
discussed in section II.G.9.c. of the preamble of this proposed rule,
we are proposing to provide for conditional new technology add-on
payment approval for products designated as QIDPs that do not receive
FDA marketing authorization by July 1 and products that do not receive
approval through FDA's LPAD pathway by July 1 but otherwise meet the
applicable add-on payment criteria. Under this proposal, cases
involving eligible antimicrobial products would begin receiving the new
technology add-on payment sooner, effective for discharges the quarter
after the date of FDA marketing authorization provided that the
technology receives FDA marketing authorization by July 1 of the
particular fiscal year for which the applicant applied for new
technology add-on payments.
c. Continuation of the Low Wage Index Hospital Policy
To help mitigate wage index disparities between high wage and low
hospitals, in the FY 2020 IPPS/LTCH PPS final rule (84 FR 42326 through
42332), we adopted a policy to provide an opportunity for certain low
wage index hospitals to increase employee compensation by increasing
the wage index values for certain hospitals with low wage index values
(the low wage index hospital policy). This policy was adopted in a
budget neutral manner through an adjustment applied to the standardized
amounts for all hospitals. We also indicated that this policy would be
effective for at least 4 years, beginning in FY 2020, in order to allow
employee compensation increases implemented by these hospitals
sufficient time to be reflected in the wage index calculation.
Therefore, for FY 2021, we are continuing the low wage index hospital
policy, and also applying this policy in a budget neutral manner by
proposing an adjustment to the standardized amounts.
d. Proposed DSH Payment Adjustment and Additional Payment for
Uncompensated Care
Section 3133 of the Affordable Care Act modified the Medicare
disproportionate share hospital (DSH) payment methodology beginning in
FY 2014. Under section 1886(r) of the Act, which was added by section
3133 of the Affordable Care Act, starting in FY 2014, DSHs receive 25
percent of the amount they previously would have received under the
statutory formula for Medicare DSH payments in section 1886(d)(5)(F) of
the Act. The remaining amount, equal to 75 percent of the amount that
otherwise would have been paid as Medicare DSH payments, is paid as
additional payments after the amount is reduced for changes in the
percentage of individuals that are uninsured. Each Medicare DSH will
receive an additional payment based on its share of the total amount of
uncompensated care for all Medicare DSHs for a given time period.
In this proposed rule, we set forth our proposed estimates of the
three factors used to determine uncompensated care payments for FY
2021. We are proposing to continue to use uninsured estimates produced
by CMS' Office of the Actuary (OACT) as part of the development of the
National Health Expenditure Accounts (NHEA) in the calculation of
Factor 2. In addition, we are proposing to use a single year of data on
uncompensated care costs from Worksheet S-10 of the FY 2017 cost
reports to calculate Factor 3 in the FY 2021 methodology for all
eligible hospitals with the exception of Indian Health Service (IHS)
and Tribal hospitals and Puerto Rico hospitals. For IHS and Tribal
hospitals and Puerto Rico hospitals we are proposing to continue to use
the low-income insured days proxy to calculate Factor 3 for these
hospitals for 1 more year. Furthermore, we are proposing to calculate
Factor 3 for all subsequent fiscal years for all eligible hospitals,
except IHS and Tribal hospitals, using the most recent available single
year of audited Worksheet S-10 data. We are also making other
methodological proposals for calculating Factor 3 for FY 2021.
e. Reduction of Hospital Payments for Excess Readmissions
We are proposing to make changes to policies for the Hospital
Readmissions Reduction Program, which was established under section
1886(q) of the Act, as amended by section 15002 of the 21st Century
Cures Act. The Hospital Readmissions Reduction Program requires a
reduction to a hospital's base operating DRG payment to account for
excess readmissions of selected applicable conditions. For FY 2017 and
subsequent years, the reduction is based on a hospital's risk-adjusted
readmission rate during a 3-year period for acute myocardial infarction
(AMI), heart failure (HF), pneumonia, chronic obstructive pulmonary
disease (COPD), elective primary total hip arthroplasty/total knee
arthroplasty (THA/TKA), and coronary artery bypass graft (CABG)
surgery. In this FY 2021 IPPS/LTCH PPS proposed rule, we are proposing
the following policies: (1) To automatically adopt applicable periods
beginning with the FY 2023 program year and all subsequent program
years, unless otherwise specified by the Secretary; and (2) to update
the definition of applicable period at 42 CFR 412.152 to align with
this proposal.
f. Hospital Value-Based Purchasing (VBP) Program
Section 1886(o) of the Act requires the Secretary to establish a
Hospital VBP Program under which value-based incentive payments are
made in a fiscal year to hospitals based on their performance on
measures established for a performance period for such fiscal year. In
this FY 2021 IPPS/LTCH PPS proposed rule, we are providing estimated
and newly established performance standards for certain measures for
the FY 2023 program year, the FY 2024 program year, the FY 2025 program
year, and the FY 2026 program year.
g. Hospital-Acquired Condition (HAC) Reduction Program
Section 1886(p) of the Act establishes an incentive to hospitals to
reduce the incidence of hospital-acquired conditions by requiring the
Secretary to make an adjustment to payments to applicable hospitals,
effective for discharges beginning on October 1, 2014. This 1-percent
payment reduction applies to hospitals that rank in the worst-
performing quartile (25 percent) of all applicable hospitals, relative
to the national average, of conditions acquired during the applicable
period and on all of the hospital's discharges for the specified fiscal
year. In this FY 2021 IPPS/LTCH PPS proposed rule, we are proposing the
following policies: (1) To automatically adopt applicable periods
beginning with the FY 2023 program year and all subsequent program
years, unless otherwise specified by the secretary, (2) to make
refinements to the process for validation of HAC Reduction Program
measure data in alignment with the Hospital IQR Program validation
proposals; and (3) to update the definition of applicable period at 42
CFR 412.170 to align with the proposal to automatically adopt
applicable periods.
h. Hospital Inpatient Quality Reporting (IQR) Program
Under section 1886(b)(3)(B)(viii) of the Act, subsection (d)
hospitals are required to report data on measures
[[Page 32464]]
selected by the Secretary for a fiscal year in order to receive the
full annual percentage increase that would otherwise apply to the
standardized amount applicable to discharges occurring in that fiscal
year.
In this FY 2021 IPPS/LTCH PPS proposed rule, we are proposing
reporting, submission, and public display requirements for eCQMs,
including policies to: (1) Progressively increase the numbers of
quarters of eCQM data reported, from one self-selected quarter of data
to four quarters of data over a 3-year period, by requiring hospitals
to report: (a) Two quarters of data for the CY 2021 reporting period/FY
2023 payment determination; (b) three quarters of data for the CY 2022
reporting period/FY 2024 payment determination; and (c) four quarters
of data beginning with the CY 2023 reporting period/FY 2025 payment
determination and for subsequent years, while continuing to allow
hospitals to report: (i) Three self-selected eCQMs, and (ii) the Safe
Use of Opioids eCQM; and (2) begin public display of eCQM data
beginning with data reported by hospitals for the CY 2021 reporting
period and for subsequent years. The eCQM-related proposals are in
alignment with proposals under the Promoting Interoperability Program.
We also are proposing to expand the requirement to use EHR technology
certified to the 2015 Edition for submitting data on not only the
previously finalized Hybrid Hospital-Wide Readmission measure, but all
hybrid measures in the Hospital IQR Program.
We also are proposing to make several changes to streamline
validation processes under the Hospital IQR Program. We are proposing
to: (1) Require the use of electronic file submissions via a CMS-
approved secure file transmission process and no longer allow the
submission of paper copies of medical records or copies on digital
portable media such as CD, DVD, or flash drive; (2) combine the
validation processes for chart-abstracted measures and eCQMs by: (a)
Aligning data submission quarters; (b) combining hospital selection,
including: (i) Reducing the pool of hospitals randomly selected for
chart-abstracted measure validation; and (ii) integrating and applying
targeting criteria for eCQM validation; (c) removing previous exclusion
criteria; and (d) combining scoring processes by providing one combined
validation score for the validation of chart-abstracted measures and
eCQMs with the eCQM portion of the combined score weighted at zero; and
(3) formalize the process for conducting educational reviews for eCQM
validation in alignment with current processes for providing feedback
for chart-abstracted validation results.
h. PPS-Exempt Cancer Hospital Quality Reporting Program
Section 1866(k)(1) of the Act requires, for purposes of FY 2014 and
each subsequent fiscal year, that a hospital described in section
1886(d)(1)(B)(v) of the Act (a PPS-exempt cancer hospital, or a PCH)
submit data in accordance with section 1866(k)(2) of the Act with
respect to such fiscal year. There is no financial impact to PCH
Medicare payment if a PCH does not participate.
In this FY 2021 IPPS/LTCH PPS proposed rule, we are proposing to
refine two existing program measures, Catheter-associated Urinary Tract
infection (CAUTI) (NQF #0138) and Central Line-associated Bloodstream
Infection (CLABSI) (NQF #0139), to adopt the updated SIR calculation
methodology developed by the Center for Disease Control and Prevention
(CDC) that calculates rates using updated HAI baseline data that are
further stratified by patient location. We are also proposing to
publicly display the refined versions of the measures beginning in the
fall of CY 2022.
i. Medicare and Medicaid Promoting Interoperability Programs
For purposes of an increased level of stability, reducing the
burden on eligible hospitals and CAHs, and clarifying certain existing
policies, we are proposing several changes to the Medicare Promoting
Interoperability Program. Specifically, we are proposing: (1) An EHR
reporting period of a minimum of any continuous 90-day period in CY
2022 for new and returning participants (eligible hospitals and CAHs);
(2) to maintain the Electronic Prescribing Objective's Query of PDMP
measure as optional and worth 5 bonus points in CY 2021; (3) to modify
the name of the Support Electronic Referral Loops by Receiving and
Incorporating Health Information measure; (4) to progressively increase
the number of quarters for which hospitals are required to report eCQM
data, from the current requirement of one self-selected calendar
quarter of data, to four calendar quarters of data, over a 3-year
period. Specifically, we propose to require: (a) 2 self-selected
calendar quarters of data for the CY 2021 reporting period; (b) 3 self-
selected calendar quarters of data for the CY 2022 reporting period;
and (c) 4 self-selected calendar quarters of data beginning with the CY
2023 reporting period, where the proposed submission period for the
Medicare Promoting Interoperability Program would be the 2 months
following the close of the CY 2023 (ending February 28, 2024); (5) to
begin publicly reporting eCQM performance data beginning with the eCQM
data reported by eligible hospitals and CAHs for the reporting period
in CY 2021 on the Hospital Compare and/or data.medicare.gov websites or
successor websites; (6) to correct errors and amend regulation text
under 495.104(c)(5)(viii)(B) through (D) regarding transition factors
under section 1886(n)(2)(E)(i) for the incentive payments for Puerto
Rico eligible hospitals; and (7) to correct errors and amend regulation
text under Sec. 495.20(e)(5)(iii) and (l)(11)(ii)(C)(1) for regulatory
citations for the ONC certification criteria. We are amending our
regulation texts as necessary to incorporate these proposed changes.
j. Market-Based MS-DRG Relative Weight Proposed Data Collection and
Potential Change in Methodology for Calculating MS-DRG Relative Weights
As discussed in section IV.P. of the preamble of this proposed
rule, in order to reduce the Medicare program's reliance on the
hospital chargemaster, thereby advancing the critical goals of
Executive Orders 13813, Promoting Healthcare Choice and Competition
Across the United States and 13890, Protecting and Improving Medicare
for Our Nation's Seniors, and to support the development of a market-
based approach to payment under the Medicare FFS system, we are
proposing that hospitals would be required to report certain market-
based payment rate information on their Medicare cost report for cost
reporting periods ending on or after January 1, 2021, to be used in a
potential change to the methodology for calculating the IPPS MS-DRG
relative weights to reflect relative market-based pricing
We are specifically proposing that hospitals would report on the
Medicare cost report: (1) The median payer-specific negotiated charge
that the hospital has negotiated with all of its Medicare Advantage
(MA) organizations (also referred to as MA organizations) payers, by
MS-DRG; and (2) the median payer-specific negotiated charge the
hospital has negotiated with all of its third-party payers, which would
include MA organizations, by MS-DRG. The market-based rate information
we are proposing to collect on the Medicare cost report would be the
median of the payer-specific negotiated charges by MS-DRG, as described
previously, for a hospital's MA organization payers and all of its
third party payers. The payer-
[[Page 32465]]
specific negotiated charges used by hospitals to calculate these
medians would be the payer-specific negotiated charges for service
packages that hospitals are required to make public under the
requirements we finalized in the Hospital Price Transparency Final Rule
(84 FR 65524) that can be cross-walked to an MS-DRG. We believe that
because hospitals are already required to publically report payer-
specific negotiated charges, in accordance with the Hospital Price
Transparency Final Rule, that the additional calculation and reporting
of the median payer-specific negotiated charge will be less burdensome
for hospitals.
We are also seeking comment on a potential change to the
methodology for calculating the IPPS MS-DRG relative weights to
incorporate this market-based rate information, beginning in FY 2024,
which we may consider adopting in the FY 2021 IPPS/LTCH PPS final rule.
This potential MS-DRG relative weight methodology would utilize the
proposed median payer-specific negotiated charge information, collected
on the cost report, for calculating the MS-DRG relative weights.
4. Summary of Costs and Benefits
Proposed Adjustment for MS-DRG Documentation and Coding
Changes. Section 414 of the MACRA replaced the single positive
adjustment we intended to make in FY 2018 once the recoupment required
by section 631 of the ATRA was complete with a 0.5 percentage point
positive adjustment to the standardized amount of Medicare payments to
acute care hospitals for FYs 2018 through 2023. (The FY 2018 adjustment
was subsequently adjusted to 0.4588 percentage point by section 15005
of the 21st Century Cures Act.) For FY 2021, we are proposing to make
an adjustment of +0.5 percentage point to the standardized amount
consistent with the MACRA.
Proposed Changes to the New Technology Add-On
Payment Policy for Certain Antimicrobial Products. In light of recent
information that continues to highlight the significant concerns and
impacts related to antimicrobial resistance and emphasizes the
continued importance of this issue both with respect to Medicare
beneficiaries and public health overall, we are proposing changes to
the new technology add-on payment policy for certain antimicrobials for
FY 2021. We are proposing to expand our alternative new technology add-
on payment pathway for QIDPs to include products approved through FDA's
Limited Population Pathway for Antibacterial and Antifungal Drugs (LPAD
pathway). Under this proposal, for applications received for new
technology add-on payments for FY 2022 and subsequent fiscal years, if
an antimicrobial product is approved through FDA's LPAD pathway, it
will be considered new and not substantially similar to an existing
technology for purposes of the new technology add-on payment under the
IPPS, and will not need to meet the requirement that it represent an
advance that substantially improves, relative to technologies
previously available, the diagnosis or treatment of Medicare
beneficiaries.
We are also proposing to provide for conditional new technology
add-on payment approval for products designated as QIDPs that do not
receive FDA marketing authorization by July 1 and products that do not
receive approval through FDA's LPAD pathway by July 1 (the current
deadline for consideration in the final rule) but otherwise meet the
applicable add-on payment criteria. Under this proposal, cases
involving eligible antimicrobial products would begin receiving the new
technology add-on payment sooner, effective for discharges the quarter
after the date of FDA marketing authorization provided that the
technology receives FDA marketing authorization by July 1 of the
particular fiscal year for which the applicant applied for new
technology add-on payments. Given the relatively recent introduction of
the FDA's LPAD pathway there have not been any drugs that were approved
under the FDA's LPAD pathway that applied for a new technology add-on
payment under the IPPS. If all of the future LPADs that would have
applied for new technology add-on payments would have been approved
under existing criteria, this proposal has no impact relative to
current policy. To the extent that there are future LPADs that are the
subject of applications for new technology add-on payments, and those
applications would have been denied under the current new technology
add-on payment criteria, this proposal is a cost, but that cost is not
estimable. Therefore, it is not possible to quantify the impact of
these proposed policies.
Wage Index Disparities Between High and Low Wage Index
Hospitals. As discussed in section III.G.3. of the preamble of this
proposed rule, we are continuing to reduce the disparity between high
and low wage index hospitals by increasing the wage index values for
certain hospitals with low wage index values and proposing to apply a
budget neutrality adjustment to the standardized amount so that
increase is implemented in a budget neutral manner.
Proposed Medicare DSH Payment Adjustment and Additional
Payment for Uncompensated Care. For FY 2021, we are proposing to update
our estimates of the three factors used to determine uncompensated care
payments. We are proposing to continue to use uninsured estimates
produced by OACT as part of the development of the NHEA in the
calculation of Factor 2. We also are proposing to use a single year of
data on uncompensated care costs from Worksheet S-10 for FY 2017 to
determine Factor 3 for FY 2021. To determine the amount of
uncompensated care for purposes of calculating Factor 3 for Puerto Rico
hospitals and Indian Health Service and Tribal hospitals, we are
proposing to continue to use only data regarding low-income insured
days for FY 2013. We project that the amount available to distribute as
payments for uncompensated care for FY 2021 would decrease by
approximately $534 million, as compared to our estimate of the
uncompensated care payments that will be distributed in FY 2020. The
payments have redistributive effects, based on a hospital's
uncompensated care amount relative to the uncompensated care amount for
all hospitals that are projected to be eligible to receive Medicare DSH
payments, and the calculated payment amount is not directly tied to a
hospital's number of discharges.
Proposed Update to the LTCH PPS Payment Rates and Other
Payment Policies. Based on the best available data for the 360 LTCHs in
our database, we estimate that the proposed changes to the payment
rates and factors that we present in the preamble of and Addendum to
this proposed rule, which reflect the end of the transition of the
statutory application of the site neutral payment rate and the proposed
update to the LTCH PPS standard Federal payment rate for FY 2021, would
result in an estimated decrease in payments in FY 2021 of approximately
$36 million.
Changes to the Hospital Readmissions Reduction Program.
For FY 2021 and subsequent years, the reduction is based on a
hospital's risk-adjusted readmission rate during a 3-year period for
acute myocardial infarction (AMI), heart failure (HF), pneumonia,
chronic obstructive pulmonary disease (COPD), elective primary total
hip arthroplasty/total knee arthroplasty (THA/TKA), and coronary artery
bypass graft (CABG) surgery. For the proposed rule, we are not
providing updated estimates based on the proxy file due to timing.
Instead, we reiterate the information contained in the FY 2020 IPPS/
LTCH PPS final rule, in
[[Page 32466]]
which we estimated that 2,583 hospitals would have their base operating
DRG payments reduced by their FY 2020 hospital-specific payment
adjustment factors. As a result, we estimated that the Hospital
Readmissions Reduction Program will save approximately $563 million in
FY 2020. We will update these estimates in the FY 2021 IPPS/LTCH PPS
final rule as the data become available.
Value-Based Incentive Payments under the Hospital VBP
Program. We estimate that there will be no net financial impact to
participating hospitals under the Hospital VBP Program for the FY 2021
program year in the aggregate because, by law, the amount available for
value-based incentive payments under the program in a given year must
be equal to the total amount of base operating MS-DRG payment amount
reductions for that year, as estimated by the Secretary. The estimated
amount of base operating MS-DRG payment amount reductions for the FY
2021 program year and, therefore, the estimated amount available for
value-based incentive payments for FY 2021 discharges is approximately
$1.9 billion.
Changes to the HAC Reduction Program. A hospital's Total
HAC Score and its ranking in comparison to other hospitals in any given
year depend on several different factors. We are making no changes to
the scoring methodology, which will continue to use the Winsorized z-
score and equal measure weights approaches to determine the worst-
performing quartile of hospitals. Any significant impact due to the HAC
Reduction Program changes for FY 2021, including which hospitals will
receive the adjustment, will depend on the actual experience of
hospitals in the Program.
Changes to the Hospital Inpatient Quality Reporting (IQR)
Program. Across 3,300 IPPS hospitals, we estimate that our proposed
changes for the Hospital IQR Program in this proposed rule would result
in a total information collection burden increase of 6,533 hours
associated with our proposed policies and updated burden estimates and
a total cost increase of approximately $253,480, across a 4-year period
from the CY 2021 reporting period/FY 2023 payment determination through
the CY 2024 reporting period/FY 2026 payment determination.
Changes to the Medicare and Medicaid Promoting
Interoperability Programs. If our proposals are finalized, we estimate
a minor net reduction in burden hours due to correcting a previously
mistaken burden calculation in last year's final rule, as well as a
slight increase in total cost for the Medicare Promoting
Interoperability Program for CY 2021. Unrelated to any of this rule's
Promoting Interoperability Program proposals, the increased alteration
to the annual information collection's total cost is due to utilizing
an updated hourly wage rate for the necessary hospital staff involved
in attesting to the objectives and measures under 42 CFR 495.24(e). The
Bureau of Labor Statistics (BLS) recently released a 2018 wage rate
which, compared to the 2017 rates used in FY 2020 IPPS/LTCH PPS final
rule, would result in an estimated increase of $21,022.32 for the
annual information collection burden (total cost) in FY 2021.
Therefore, multiplying the total annual burden of 21,450 hours by the
2018 BLS labor cost of $69.34, we estimate the Promoting
Interoperability Program's total cost to be $1,487,343 for the CY 2021
EHR reporting period (21,450 hours x $69.34).
Market-Based MS-DRG Relative Weight Proposed
Data Collection and Potential Change in Methodology for Calculating MS-
DRG Relative Weights. In section IV.P.4. of the preamble of this
proposed rule, we are seeking comment on a potential methodology for
estimating the MS-DRG relative weights beginning in FY 2024 based on
the median payer-specific negotiated charge information we are
proposing to collect on the cost report and which we may consider
adopting in the FY 2021 IPPS/LTCH PPS final rule. We note that the
estimated total annual burden hours for this proposal are as follows:
3,189 hospitals times 15 hours per hospital equals 47,835 annual burden
hours and $3,096,838. We refer readers to section XI.B.11. of the
preamble of this proposed rule for further analysis of this assessment.
B. Background Summary
1. Acute Care Hospital Inpatient Prospective Payment System (IPPS)
Section 1886(d) of the the Act sets forth a system of payment for
the operating costs of acute care hospital inpatient stays under
Medicare Part A (Hospital Insurance) based on prospectively set rates.
Section 1886(g) of the Act requires the Secretary to use a prospective
payment system (PPS) to pay for the capital-related costs of inpatient
hospital services for these ``subsection (d) hospitals.'' Under these
PPSs, Medicare payment for hospital inpatient operating and capital-
related costs is made at predetermined, specific rates for each
hospital discharge. Discharges are classified according to a list of
diagnosis-related groups (DRGs).
The base payment rate is comprised of a standardized amount that is
divided into a labor-related share and a nonlabor-related share. The
labor-related share is adjusted by the wage index applicable to the
area where the hospital is located. If the hospital is located in
Alaska or Hawaii, the nonlabor-related share is adjusted by a cost-of-
living adjustment factor. This base payment rate is multiplied by the
DRG relative weight.
If the hospital treats a high percentage of certain low-income
patients, it receives a percentage add-on payment applied to the DRG-
adjusted base payment rate. This add-on payment, known as the
disproportionate share hospital (DSH) adjustment, provides for a
percentage increase in Medicare payments to hospitals that qualify
under either of two statutory formulas designed to identify hospitals
that serve a disproportionate share of low-income patients. For
qualifying hospitals, the amount of this adjustment varies based on the
outcome of the statutory calculations. The Affordable Care Act revised
the Medicare DSH payment methodology and provides for a new additional
Medicare payment beginning on October 1, 2013, that considers the
amount of uncompensated care furnished by the hospital relative to all
other qualifying hospitals.
If the hospital is training residents in an approved residency
program(s), it receives a percentage add-on payment for each case paid
under the IPPS, known as the indirect medical education (IME)
adjustment. This percentage varies, depending on the ratio of residents
to beds.
Additional payments may be made for cases that involve new
technologies or medical services that have been approved for special
add-on payments. In general, to qualify, a new technology or medical
service must demonstrate that it is a substantial clinical improvement
over technologies or services otherwise available, and that, absent an
add-on payment, it would be inadequately paid under the regular DRG
payment. In addition, certain transformative new devices and certain
antimicrobial products may qualify under an alternative inpatient new
technology add-on payment pathway by demonstrating that, absent an add-
on payment, they would be inadequately paid under the regular DRG
payment.
The costs incurred by the hospital for a case are evaluated to
determine whether the hospital is eligible for an additional payment as
an outlier case. This additional payment is designed to protect the
hospital from large financial losses due to unusually expensive cases.
[[Page 32467]]
Any eligible outlier payment is added to the DRG-adjusted base payment
rate, plus any DSH, IME, and new technology or medical service add-on
adjustments.
Although payments to most hospitals under the IPPS are made on the
basis of the standardized amounts, some categories of hospitals are
paid in whole or in part based on their hospital-specific rate, which
is determined from their costs in a base year. For example, sole
community hospitals (SCHs) receive the higher of a hospital-specific
rate based on their costs in a base year (the highest of FY 1982, FY
1987, FY 1996, or FY 2006) or the IPPS Federal rate based on the
standardized amount. SCHs are the sole source of care in their areas.
Specifically, section 1886(d)(5)(D)(iii) of the Act defines an SCH as a
hospital that is located more than 35 road miles from another hospital
or that, by reason of factors such as an isolated location, weather
conditions, travel conditions, or absence of other like hospitals (as
determined by the Secretary), is the sole source of hospital inpatient
services reasonably available to Medicare beneficiaries. In addition,
certain rural hospitals previously designated by the Secretary as
essential access community hospitals are considered SCHs.
Under current law, the Medicare-dependent, small rural hospital
(MDH) program is effective through FY 2022. For discharges occurring on
or after October 1, 2007, but before October 1, 2022, an MDH receives
the higher of the Federal rate or the Federal rate plus 75 percent of
the amount by which the Federal rate is exceeded by the highest of its
FY 1982, FY 1987, or FY 2002 hospital-specific rate. MDHs are a major
source of care for Medicare beneficiaries in their areas. Section
1886(d)(5)(G)(iv) of the Act defines an MDH as a hospital that is
located in a rural area (or, as amended by the Bipartisan Budget Act of
2018, a hospital located in a State with no rural area that meets
certain statutory criteria), has not more than 100 beds, is not an SCH,
and has a high percentage of Medicare discharges (not less than 60
percent of its inpatient days or discharges in its cost reporting year
beginning in FY 1987 or in two of its three most recently settled
Medicare cost reporting years).
Section 1886(g) of the Act requires the Secretary to pay for the
capital-related costs of inpatient hospital services in accordance with
a prospective payment system established by the Secretary. The basic
methodology for determining capital prospective payments is set forth
in our regulations at 42 CFR 412.308 and 412.312. Under the capital
IPPS, payments are adjusted by the same DRG for the case as they are
under the operating IPPS. Capital IPPS payments are also adjusted for
IME and DSH, similar to the adjustments made under the operating IPPS.
In addition, hospitals may receive outlier payments for those cases
that have unusually high costs.
The existing regulations governing payments to hospitals under the
IPPS are located in 42 CFR part 412, subparts A through M.
2. Hospitals and Hospital Units Excluded From the IPPS
Under section 1886(d)(1)(B) of the Act, as amended, certain
hospitals and hospital units are excluded from the IPPS. These
hospitals and units are: Inpatient rehabilitation facility (IRF)
hospitals and units; long-term care hospitals (LTCHs); psychiatric
hospitals and units; children's hospitals; cancer hospitals; extended
neoplastic disease care hospitals, and hospitals located outside the 50
States, the District of Columbia, and Puerto Rico (that is, hospitals
located in the U.S. Virgin Islands, Guam, the Northern Mariana Islands,
and American Samoa). Religious nonmedical health care institutions
(RNHCIs) are also excluded from the IPPS. Various sections of the
Balanced Budget Act of 1997 (BBA, Pub. L. 105-33), the Medicare,
Medicaid and SCHIP [State Children's Health Insurance Program] Balanced
Budget Refinement Act of 1999 (BBRA, Pub. L. 106-113), and the
Medicare, Medicaid, and SCHIP Benefits Improvement and Protection Act
of 2000 (BIPA, Pub. L. 106-554) provide for the implementation of PPSs
for IRF hospitals and units, LTCHs, and psychiatric hospitals and units
(referred to as inpatient psychiatric facilities (IPFs)). (We note that
the annual updates to the LTCH PPS are included along with the IPPS
annual update in this document. Updates to the IRF PPS and IPF PPS are
issued as separate documents.) Children's hospitals, cancer hospitals,
hospitals located outside the 50 States, the District of Columbia, and
Puerto Rico (that is, hospitals located in the U.S. Virgin Islands,
Guam, the Northern Mariana Islands, and American Samoa), and RNHCIs
continue to be paid solely under a reasonable cost-based system,
subject to a rate-of-increase ceiling on inpatient operating costs.
Similarly, extended neoplastic disease care hospitals are paid on a
reasonable cost basis, subject to a rate-of-increase ceiling on
inpatient operating costs.
The existing regulations governing payments to excluded hospitals
and hospital units are located in 42 CFR parts 412 and 413.
3. Long-Term Care Hospital Prospective Payment System (LTCH PPS)
The Medicare prospective payment system (PPS) for LTCHs applies to
hospitals described in section 1886(d)(1)(B)(iv) of the Act, effective
for cost reporting periods beginning on or after October 1, 2002. The
LTCH PPS was established under the authority of sections 123 of the
BBRA and section 307(b) of the BIPA (as codified under section
1886(m)(1) of the Act). Section 1206(a) of the Pathway for SGR Reform
Act of 2013 (Pub. L. 113-67) established the site neutral payment rate
under the LTCH PPS, which made the LTCH PPS a dual rate payment system
beginning in FY 2016. Under this statute, effective for LTCH's cost
reporting periods beginning in FY 2016 cost reporting period, LTCHs are
generally paid for discharges at the site neutral payment rate unless
the discharge meets the patient criteria for payment at the LTCH PPS
standard Federal payment rate. The existing regulations governing
payment under the LTCH PPS are located in 42 CFR part 412, subpart O.
Beginning October 1, 2009, we issue the annual updates to the LTCH PPS
in the same documents that update the IPPS.
4. Critical Access Hospitals (CAHs)
Under sections 1814(l), 1820, and 1834(g) of the Act, payments made
to critical access hospitals (CAHs) (that is, rural hospitals or
facilities that meet certain statutory requirements) for inpatient and
outpatient services are generally based on 101 percent of reasonable
cost. Reasonable cost is determined under the provisions of section
1861(v) of the Act and existing regulations under 42 CFR part 413.
5. Payments for Graduate Medical Education (GME)
Under section 1886(a)(4) of the Act, costs of approved educational
activities are excluded from the operating costs of inpatient hospital
services. Hospitals with approved graduate medical education (GME)
programs are paid for the direct costs of GME in accordance with
section 1886(h) of the Act. The amount of payment for direct GME costs
for a cost reporting period is based on the hospital's number of
residents in that period and the hospital's costs per resident in a
base year. The existing regulations governing payments to the various
types of hospitals are located in 42 CFR part 413.
[[Page 32468]]
C. Summary of Provisions of Recent Legislation That Would Be
Implemented in This Proposed Rule
1. Improving Medicare Post-Acute Care Transformation Act of 2014
(IMPACT Act) (Pub. L. 113-185)
The Improving Medicare Post-Acute Care Transformation Act of 2014
(IMPACT Act) (Pub. L. 113-185), enacted on October 6, 2014, made a
number of changes that affect the Long Term Care Hospital Quality
Reporting Program (LTCH QRP). In this proposed rule, there are no
proposals or updates to the LTCH Quality Reporting Program. We are
continuing to maintain portions of section 1899B of the Act, as added
by section 2(a) of the IMPACT Act, which, in part, requires LTCHs,
among other post-acute care providers, to report standardized patient
assessment data, data on quality measures, and data on resource use and
other measures.
2. The Medicare Access and CHIP Reauthorization Act of 2015 (Pub. L.
114-10)
Section 414 of the Medicare Access and CHIP Reauthorization Act of
2015 (MACRA, Pub. L. 114-10) specifies a 0.5 percent positive
adjustment to the standardized amount of Medicare payments to acute
care hospitals for FYs 2018 through 2023. These adjustments follow the
recoupment adjustment to the standardized amounts under section 1886(d)
of the Act based upon the Secretary's estimates for discharges
occurring from FYs 2014 through 2017 to fully offset $11 billion, in
accordance with section 631 of the ATRA. The FY 2018 adjustment was
subsequently adjusted to 0.4588 percent by section 15005 of the 21st
Century Cures Act.
3. Further Consolidated Appropriations Act, 2020 (Pub. L. 116-94)
Section 108 of the Further Consolidated Appropriations Act, 2020
(Pub. L. 116-94) provides that, effective for cost reporting periods
beginning on or after October 1, 2020, payment to a subsection (d)
hospital that furnishes an allogeneic hematopoietic stem cell
transplant for hematopoietic stem cell acquisition shall be made on a
reasonable cost basis, and that the Secretary shall specify the items
included in such hematopoietic stem cell acquisition in rulemaking.
This statutory provision also requires that, beginning in FY 2021, the
payments made based on reasonable cost for the acquisition costs of
allogeneic hematopoietic stem cells be made in a budget neutral manner.
D. Summary of the Provisions of This Proposed Rule
In this proposed rule, we set forth proposed payment and policy
changes to the Medicare IPPS for FY 2021 operating costs and capital-
related costs of acute care hospitals and certain hospitals and
hospital units that are excluded from IPPS. In addition, we set forth
proposed changes to the payment rates, factors, and other payment and
policy-related changes to programs associated with payment rate
policies under the LTCH PPS for FY 2021.
The following is a general summary of the changes that we are
proposing to make in this proposed rule.
1. Proposed Changes to MS-DRG Classifications and Recalibrations of
Relative Weights
In section II. of the preamble of this proposed rule, we include--
Proposed changes to MS-DRG classifications based on our
yearly review for FY 2021.
Proposed adjustment to the standardized amounts under
section 1886(d) of the Act for FY 2021 in accordance with the
amendments made to section 7(b)(1)(B) of Public Law 110-90 by section
414 of the MACRA.
Proposed recalibration of the MS-DRG relative weights.
A discussion of the proposed FY 2021 status of new
technologies approved for add-on payments for FY 2020, a presentation
of our evaluation and analysis of the FY 2021 applicants for add-on
payments for high-cost new medical services and technologies (including
public input, as directed by Pub. L. 108-173, obtained in a town hall
meeting) for applications not submitted under an alternative pathway,
and a discussion of the proposed status of FY 2021 new technology
applicants under the alternative pathways for certain medical devices
and certain antimicrobial products.
Proposed revision to the new technology add-on payment
policy where the coding associated with an application for new
technology add-on payments or a previously approved technology that may
continue to receive new technology add-on payments is proposed to be
assigned to a proposed new MS-DRG.
Proposed changes to the timing of the IPPS new technology
add-on payment for certain antimicrobial products, and proposed
expansion of the alternative pathway for certain antimicrobial
products.
2. Proposed Changes to the Hospital Wage Index for Acute Care Hospitals
In section III. of the preamble of this proposed rule we propose to
make revisions to the wage index for acute care hospitals and the
annual update of the wage data. Specific issues addressed include, but
are not limited to, the following:
Proposed changes in the labor market area delineations
based on revisions to the OMB Core Based Statistical Area (CBSA)
delineations and proposed policies related to the proposed changes in
CBSAs.
The proposed FY 2021 wage index update using wage data
from cost reporting periods beginning in FY 2017.
Calculation, analysis, and implementation of the proposed
occupational mix adjustment to the wage index for acute care hospitals
for FY 2021 based on the 2016 Occupational Mix Survey.
Proposed application of the rural floor and the frontier
State floor, and continuation of the low wage index hospital policy.
Proposed revisions to the wage index for acute care
hospitals, based on hospital redesignations and reclassifications under
sections 1886(d)(8)(B), (d)(8)(E), and (d)(10) of the Act.
Proposed change to Lugar county assignments.
Proposed adjustment to the wage index for acute care
hospitals for FY 2021 based on commuting patterns of hospital employees
who reside in a county and work in a different area with a higher wage
index.
Proposed labor-related share for the proposed FY 2021 wage
index.
3. Other Decisions and Proposed Changes to the IPPS for Operating Costs
In section IV. of the preamble of this proposed rule, we discuss
proposed changes or clarifications of a number of the provisions of the
regulations in 42 CFR parts 412 and 413, including the following:
Proposed changes to MS-DRGs subject to the post-acute care
transfer policy and special payment policy.
Proposed inpatient hospital update for FY 2021.
Proposed amendment to address short cost reporting periods
during applicable timeframe for establishment of service area for SCHs.
Proposed updated national and regional case-mix values and
discharges for purposes of determining RRC status, and proposed
amendment for hospital cost reporting periods that are longer or
shorter than 12 months.
[[Page 32469]]
The statutorily required IME adjustment factor for FY
2021.
Proposed changes to the methodologies for determining
Medicare DSH payments and the additional payments for uncompensated
care.
Proposed changes to payment for allogeneic hematopoietic
stem cell acquisition costs.
Proposed payment adjustment for chimeric antigen receptor
(CAR) T-cell therapy clinical trial cases.
Proposed requirements for payment adjustments under the
Hospital Readmissions Reduction Program for FY 2021.
The provision of estimated and newly established
performance standards for the calculation of value-based incentive
payments under the Hospital Value-Based Purchasing Program.
Proposed requirements for payment adjustments to hospitals
under the HAC Reduction Program for FY 2021.
Proposed policy changes related to medical residents
affected by residency program or teaching hospital closure.
Discussion of and proposals relating to the implementation
of the Rural Community Hospital Demonstration Program in FY 2021.
Proposal to collect market-based rate information on the
Medicare cost report for cost reporting periods ending on or after
January 1, 2021, and request for comment on a potential market-based
MS-DRG relative weight methodology beginning in FY 2024, that we may
adopt in this rulemaking.
4. Proposed FY 2021 Policy Governing the IPPS for Capital-Related Costs
In section V. of the preamble to this proposed rule, we discuss the
proposed payment policy requirements for capital-related costs and
capital payments to hospitals for FY 2021.
5. Proposed Changes to the Payment Rates for Certain Excluded
Hospitals: Rate-of-Increase Percentages
In section VI. of the preamble of this proposed rule, we discuss--
Proposed changes to payments to certain excluded hospitals
for FY 2021.
Proposed continued implementation of the Frontier
Community Health Integration Project (FCHIP) Demonstration.
6. Proposed Changes to the LTCH PPS
In section VII. of the preamble of this proposed rule, we set
forth--
Proposed changes to the LTCH PPS Federal payment rates,
factors, and other payment rate policies under the LTCH PPS for FY
2021.
Proposed rebasing and revising of the LTCH PPS market
basket.
7. Proposed Changes Relating to Quality Data Reporting for Specific
Providers and Suppliers
In section VIII. of the preamble of this proposed rule, we
address--
Proposed requirements for the Hospital Inpatient Quality
Reporting (IQR) Program.
Proposed changes to the requirements for the quality
reporting program for PPS-exempt cancer hospitals (PCHQR Program).
The FY 2021 requirements under the LTCH Quality Reporting
Program (LTCH QRP).
Proposed changes to requirements pertaining to eligible
hospitals and CAHs participating in the Medicare and Medicaid Promoting
Interoperability Programs.
8. Other Proposals Included in This Proposed Rule
Section IX. of the preamble to this proposed rule includes the
following proposals:
Proposed changes pertaining to the submission format
requirements and reimbursement rates for patient records sent to the
Beneficiary and Family Centered Care Quality Improvement Organizations
(BFCC-QIOs).
Proposed changes pertaining to allowing for mandatory
electronic filing of Provider Reimbursement Review Board appeals.
Proposed changes pertaining to and codification of certain
longstanding Medicare Bad Debt policies.
9. Other Provisions of This Proposed Rule
Section X. of the preamble preamble to this proposed rule includes
our discussion of the MedPAC Recommendations.
Section XI. of the preamble to this proposed rule includes the
following:
A descriptive listing of the public use files associated
with the proposed rule.
The collection of information requirements for entities
based on our proposals.
Information regarding our responses to public comments.
Waiver of the 60-day delay in effective date for the final
rule.
10. Determining Prospective Payment Operating and Capital Rates and
Rate-of-Increase Limits for Acute Care Hospitals
In sections II. and III. of the Addendum to the proposed rule, we
set forth the proposed changes to the amounts and factors for
determining the proposed FY 2021 prospective payment rates for
operating costs and capital-related costs for acute care hospitals. We
are proposing to establish the threshold amounts for outlier cases. In
addition, in section IV. of the Addendum to the proposed rule, we
address the update factors for determining the rate-of-increase limits
for cost reporting periods beginning in FY 2021 for certain hospitals
excluded from the IPPS.
11. Determining Prospective Payment Rates for LTCHs
In section V. of the Addendum to the proposed rule, we set forth
proposed changes to the amounts and factors for determining the
proposed FY 2021 LTCH PPS standard Federal payment rate and other
factors used to determine LTCH PPS payments under both the LTCH PPS
standard Federal payment rate and the site neutral payment rate in FY
2021. We are proposing to establish the adjustment for wage levels,
including the proposed changes in the CBSAs based on revisions to the
OMB labor market area delineations and a proposed adjustment to reflect
the expected increases in wages under the IPPS low wage index hospital
policy. We are proposing to establish the adjustments for the labor-
related share, the cost-of-living adjustment, and high-cost outliers,
including the applicable fixed-loss amounts and the LTCH cost-to-charge
ratios (CCRs) for both payment rates.
12. Impact Analysis
In Appendix A of this proposed rule, we set forth an analysis of
the impact the proposed changes would have on affected acute care
hospitals, CAHs, LTCHs, PCHs and other entities.
13. Recommendation of Update Factors for Operating Cost Rates of
Payment for Hospital Inpatient Services
In Appendix B of the proposed rule, as required by sections
1886(e)(4) and (e)(5) of the Act, we provide our recommendations of the
appropriate percentage changes for FY 2021 for the following:
A single average standardized amount for all areas for
hospital inpatient services paid under the IPPS for operating costs of
acute care hospitals (and hospital-specific rates applicable to SCHs
and MDHs).
Target rate-of-increase limits to the allowable operating
costs of hospital inpatient services furnished by certain hospitals
excluded from the IPPS.
The LTCH PPS standard Federal payment rate and the site
neutral payment rate for hospital inpatient
[[Page 32470]]
services provided for LTCH PPS discharges.
14. Discussion of Medicare Payment Advisory Commission Recommendations
Under section 1805(b) of the Act, MedPAC is required to submit a
report to Congress, no later than March 15 of each year, in which
MedPAC reviews and makes recommendations on Medicare payment policies.
MedPAC's March 2020 recommendations concerning hospital inpatient
payment policies address the update factor for hospital inpatient
operating costs and capital-related costs for hospitals under the IPPS.
We address these recommendations in Appendix B of this proposed rule.
For further information relating specifically to the MedPAC March 2020
report or to obtain a copy of the report, contact MedPAC at (202) 220-
3700 or visit MedPAC's website at: http://www.medpac.gov.
E. Advancing Health Information Exchange
The Department of Health and Human Services (HHS) has a number of
initiatives designed to encourage and support the adoption of
interoperable health information technology and to promote nationwide
health information exchange to improve health care and patient access
to their health information. The Office of the National Coordinator for
Health Information Technology (ONC) and CMS work collaboratively to
advance interoperability across settings of care, including post-acute
care.
To further interoperability in across all care settings, CMS
continues to explore opportunities to advance electronic exchange of
patient information across payers, providers and with patients,
including developing systems that use nationally recognized health IT
standards such as Logical Observation Identifier Names and Codes
(LOINC), Systemized Nomenclature of Medicine-Clinical Terms (SNOMED),
and Fast Healthcare Interoperability Recourses (FHIR). In addition, CMS
and ONC are collaborating with industry stakeholders via the Post-Acute
Care Interoperability Workgroup (PACIO) (to develop FHIR-based
standards for post-acute care (PAC) assessment content, which could
support the exchange and reuse of patient http://pacioproject.org/)
assessment data derived from the Minimum Data Set (MDS), Inpatient
Rehabilitation Facility-Patient Assessment Instrument (IRF-PAI), Long
Term Care Hospital Continuity Assessment Record and Evaluation Data Set
(LTCH CARE data set), Outcome Assessment Information Set (OASIS)
assessment tools, and other sources. The Data Element Library (DEL)
(https://del.cms.gov/DELWeb/pubHome) continues to be updated and serves
as the authoritative resource for PAC assessment data elements and
their associated mappings to health IT standards. These interoperable
data elements can reduce provider burden by allowing the use and
exchange of healthcare data, support provider exchange of electronic
health information for care coordination, person-centered care, and
support real-time, data driven, clinical decision-making. Standards in
the DEL (https://del.cms.gov/) can be referenced on the CMS website and
in the ONC Interoperability Standards Advisory (ISA). The 2020 ISA is
available at https://www.healthit.gov/isa.
In the September 30, 2019 Federal Register, we published a final
rule titled, ``Medicare and Medicaid Programs; Revisions to
Requirements for Discharge Planning for Hospitals, Critical Access
Hospitals, and Home Health Agencies, and Hospital and Critical Access
Hospital Changes to Promote Innovation, Flexibility, and Improvement in
Patient Care'' (84 FR 51836) (``Discharge Planning final rule''), that
revises the discharge planning requirements that hospitals (including
psychiatric hospitals, long-term care hospitals, and inpatient
rehabilitation facilities), critical access hospitals (CAHs), and home
health agencies, must meet to participate in Medicare and Medicaid
programs. It also revises one provision regarding patient rights in
hospitals. The rule supports our interoperability efforts by promoting
the exchange of patient information between health care settings, and
by ensuring that a patient's necessary medical information is
transferred with the patient after discharge from a hospital, CAH, or
post-acute care services provider. For more information on the
discharge planning requirements, please visit the final rule at:
https://www.federalregister.gov/documents/2019/09/30/2019-20732/medicare-and-medicaid-programs-revisions-to-requirements-for-discharge-planning-for-hospitals.
We invite providers to learn more about these important
developments and how they are likely to affect LTCHs and encourage the
electronic exchange of health data across care settings and with
patients.
II. Proposed Changes to Medicare Severity Diagnosis-Related Group (MS-
DRG) Classifications and Relative Weights
A. Background
Section 1886(d) of the Act specifies that the Secretary shall
establish a classification system (referred to as diagnosis-related
groups (DRGs)) for inpatient discharges and adjust payments under the
IPPS based on appropriate weighting factors assigned to each DRG.
(Beginning in FY 2008, CMS adopted the Medicare-Severity DRGs (MS-DRGs)
to better recognize severity of illness and resource use based on case
complexity.) Therefore, under the IPPS, Medicare pays for inpatient
hospital services on a rate per discharge basis that varies according
to the DRG to which a beneficiary's stay is assigned. The formula used
to calculate payment for a specific case multiplies an individual
hospital's payment rate per case by the weight of the DRG to which the
case is assigned. Each DRG weight represents the average resources
required to care for cases in that particular DRG, relative to the
average resources used to treat cases in all DRGs.
Section 1886(d)(4)(C) of the Act requires that the Secretary adjust
the DRG classifications and relative weights at least annually to
account for changes in resource consumption. These adjustments are made
to reflect changes in treatment patterns, technology, and any other
factors that may change the relative use of hospital resources.
B. Adoption of the MS-DRGs and MS-DRG Reclassifications
For information on the adoption of the MS-DRGs in FY 2008, we refer
readers to the FY 2008 IPPS final rule with comment period (72 FR 47140
through 47189).
For general information about the MS-DRG system, including yearly
reviews and changes to the MS-DRGs, we refer readers to the previous
discussions in the FY 2010 IPPS/RY 2010 LTCH PPS final rule (74 FR
43764 through 43766) and the FYs 2011 through 2020 IPPS/LTCH PPS final
rules (75 FR 50053 through 50055; 76 FR 51485 through 51487; 77 FR
53273; 78 FR 50512; 79 FR 49871; 80 FR 49342; 81 FR 56787 through
56872; 82 FR 38010 through 38085, 83 FR 41158 through 41258, and 84 FR
42058 through 42165, respectively).
[[Page 32471]]
C. Proposed FY 2021 MS-DRG Documentation and Coding Adjustment
1. Background on the Prospective MS-DRG Documentation and Coding
Adjustments for FY 2008 and FY 2009 Authorized by Public Law 110-90 and
the Recoupment or Repayment Adjustment Authorized by Section 631 of the
American Taxpayer Relief Act of 2012 (ATRA)
In the FY 2008 IPPS final rule with comment period (72 FR 47140
through 47189), we adopted the MS-DRG patient classification system for
the IPPS, effective October 1, 2007, to better recognize severity of
illness in Medicare payment rates for acute care hospitals. The
adoption of the MS-DRG system resulted in the expansion of the number
of DRGs from 538 in FY 2007 to 745 in FY 2008. By increasing the number
of MS-DRGs and more fully taking into account patient severity of
illness in Medicare payment rates for acute care hospitals, MS-DRGs
encourage hospitals to improve their documentation and coding of
patient diagnoses.
In the FY 2008 IPPS final rule with comment period (72 FR 47175
through 47186), we indicated that the adoption of the MS-DRGs had the
potential to lead to increases in aggregate payments without a
corresponding increase in actual patient severity of illness due to the
incentives for additional documentation and coding. In that final rule
with comment period, we exercised our authority under section
1886(d)(3)(A)(vi) of the Act, which authorizes us to maintain budget
neutrality by adjusting the national standardized amount, to eliminate
the estimated effect of changes in coding or classification that do not
reflect real changes in case-mix. Our actuaries estimated that
maintaining budget neutrality required an adjustment of -4.8 percentage
points to the national standardized amount. We provided for phasing in
this -4.8 percentage point adjustment over 3 years. Specifically, we
established prospective documentation and coding adjustments of -1.2
percentage points for FY 2008, -1.8 percentage points for FY 2009, and
-1.8 percentage points for FY 2010.
On September 29, 2007, Congress enacted the TMA [Transitional
Medical Assistance], Abstinence Education, and QI [Qualifying
Individuals] Programs Extension Act of 2007 (Pub. L. 110-90). Section
7(a) of Public Law 110-90 reduced the documentation and coding
adjustment made as a result of the MS-DRG system that we adopted in the
FY 2008 IPPS final rule with comment period to -0.6 percentage point
for FY 2008 and -0.9 percentage point for FY 2009.
As discussed in prior year rulemakings, and most recently in the FY
2017 IPPS/LTCH PPS final rule (81 FR 56780 through 56782), we
implemented a series of adjustments required under sections 7(b)(1)(A)
and 7(b)(1)(B) of Public Law 110-90, based on a retrospective review of
FY 2008 and FY 2009 claims data. We completed these adjustments in FY
2013 but indicated in the FY 2013 IPPS/LTCH PPS final rule (77 FR 53274
through 53275) that delaying full implementation of the adjustment
required under section 7(b)(1)(A) of Public Law 110-90 until FY 2013
resulted in payments in FY 2010 through FY 2012 being overstated, and
that these overpayments could not be recovered under Public Law 110-90.
In addition, as discussed in prior rulemakings and most recently in
the FY 2018 IPPS/LTCH PPS final rule (82 FR 38008 through 38009),
section 631 of the American Taxpayer Relief Act of 2012 (ATRA) amended
section 7(b)(1)(B) of Public Law 110-90 to require the Secretary to
make a recoupment adjustment or adjustments totaling $11 billion by FY
2017. This adjustment represented the amount of the increase in
aggregate payments as a result of not completing the prospective
adjustment authorized under section 7(b)(1)(A) of Public Law 110-90
until FY 2013.
2. Adjustments Made for FY 2018, FY 2019, and FY 2020 as Required Under
Section 414 of Public Law 114-10 (MACRA) and Section 15005 of Public
Law 114-255
As stated in the FY 2017 IPPS/LTCH PPS final rule (81 FR 56785),
once the recoupment required under section 631 of the ATRA was
complete, we had anticipated making a single positive adjustment in FY
2018 to offset the reductions required to recoup the $11 billion under
section 631 of the ATRA. However, section 414 of the MACRA (which was
enacted on April 16, 2015) replaced the single positive adjustment we
intended to make in FY 2018 with a 0.5 percentage point positive
adjustment for each of FYs 2018 through 2023. In the FY 2017
rulemaking, we indicated that we would address the adjustments for FY
2018 and later fiscal years in future rulemaking. Section 15005 of the
21st Century Cures Act (Pub. L. 114-255), which was enacted on December
13, 2016, amended section 7(b)(1)(B) of the TMA, as amended by section
631 of the ATRA and section 414 of the MACRA, to reduce the adjustment
for FY 2018 from a 0.5 percentage point positive adjustment to a 0.4588
percentage point positive adjustment. As we discussed in the FY 2018
rulemaking, we believe the directive under section 15005 of Public Law
114-255 is clear. Therefore, in the FY 2018 IPPS/LTCH PPS final rule
(82 FR 38009) for FY 2018, we implemented the required +0.4588
percentage point adjustment to the standardized amount. In the FY 2019
IPPS/LTCH PPS final rule (83 FR 41157) and in the FY 2020 IPPS/LTCH PPS
final rule (84 FR 42057), consistent with the requirements of section
414 of the MACRA, we implemented 0.5 percentage point positive
adjustments to the standardized amount for FY 2019 and FY 2020,
respectively. We indicated that the FY 2018, FY 2019, and FY 2020
adjustments were permanent adjustments to payment rates. We also stated
that we plan to propose future adjustments required under section 414
of the MACRA for FYs 2021 through 2023 in future rulemaking.
3. Proposed Adjustment for FY 2021
Consistent with the requirements of section 414 of the MACRA, we
are proposing to implement a 0.5 percentage point positive adjustment
to the standardized amount for FY 2021. This would constitute a
permanent adjustment to payment rates. We plan to propose future
adjustments required under section 414 of the MACRA for FYs 2022
through 2023 in future rulemaking.
D. Proposed Changes to Specific MS-DRG Classifications
1. Discussion of Changes to Coding System and Basis for Proposed FY
2021 MS-DRG Updates
a. Conversion of MS-DRGs to the International Classification of
Diseases, 10th Revision (ICD-10)
As of October 1, 2015, providers use the International
Classification of Diseases, 10th Revision (ICD-10) coding system to
report diagnoses and procedures for Medicare hospital inpatient
services under the MS-DRG system instead of the ICD-9-CM coding system,
which was used through September 30, 2015. The ICD-10 coding system
includes the International Classification of Diseases, 10th Revision,
Clinical Modification (ICD-10-CM) for diagnosis coding and the
International Classification of Diseases, 10th Revision, Procedure
Coding System (ICD-10-PCS) for inpatient hospital procedure coding, as
well as the ICD-10-CM and ICD-10-PCS Official Guidelines for Coding and
[[Page 32472]]
Reporting. For a detailed discussion of the conversion of the MS-DRGs
to ICD-10, we refer readers to the FY 2017 IPPS/LTCH PPS final rule (81
FR 56787 through 56789).
b. Basis for Proposed FY 2021 MS-DRG Updates
Given the need for more time to carefully evaluate requests and
propose updates, as discussed in the FY 2018 IPPS/LTCH PPS final rule
(82 FR 38010), we changed the deadline to request updates to the MS-
DRGs to November 1 of each year, which provided an additional 5 weeks
for the data analysis and review process. Interested parties had to
submit any comments and suggestions for FY 2021 by November 1, 2019,
and the comments that were submitted in a timely manner for FY 2021 are
discussed in this section of the preamble of this proposed rule. As we
discuss in the sections that follow, we may not be able to fully
consider all of the requests that we receive for the upcoming fiscal
year. We have found that, with the implementation of ICD-10, some types
of requested changes to the MS-DRG classifications require more
extensive research to identify and analyze all of the data that are
relevant to evaluating the potential change. We note in the discussion
that follows those topics for which further research and analysis are
required, and which we will continue to consider in connection with
future rulemaking.
With the continued increase in the number and complexity of the
requested changes to the MS-DRG classifications since the adoption of
ICD-10 MS-DRGs, and in order to consider as many requests as possible,
more time is needed to carefully evaluate the requested changes,
analyze claims data, and consider any proposed updates. Therefore, we
are changing the deadline to request changes to the MS-DRGs to October
20th of each year to allow for additional time for the review and
consideration of any proposed updates. Interested parties should submit
any comments and suggestions for FY 2022 by October 20, 2020 via the
CMS MS-DRG Classification Change Request Mailbox located at:
[email protected].
Based on public comments received in response to the FY 2020 IPPS/
LTCH PPS proposed rule, we are providing a test version of the ICD-10
MS-DRG GROUPER Software, Version 38, so that the public can better
analyze and understand the impact of the proposals included in this
proposed rule. We note that this test software reflects the proposed
GROUPER logic for FY 2021. Therefore, it includes the new diagnosis and
procedure codes that are effective for FY 2021 as reflected in Table
6A.--New Diagnosis Codes--FY 2021 and Table 6B.--New Procedure Codes--
FY 2021 associated with this proposed rule and does not include the
diagnosis codes that are invalid beginning in FY 2021 as reflected in
Table 6C.--Invalid Diagnosis Codes--FY 2021 associated with this
proposed rule. We note that there are not any procedure codes that have
been designated as invalid for FY 2021 at the time of the development
of this proposed rule. These tables are not published in the Addendum
to this proposed rule, but are available via the internet on the CMS
website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html as described in section VI. of the
Addendum to this proposed rule. Because the diagnosis codes no longer
valid for FY 2021 are not reflected in the test software, we are making
available a supplemental file in Table 6P.1a that includes the mapped
Version 38 FY 2021 ICD-10-CM codes and the deleted Version 37 FY 2020
ICD-10-CM codes that should be used for testing purposes with users'
available claims data. Therefore, users will have access to the test
software allowing them to build case examples that reflect the
proposals included in this proposed rule. In addition, users will be
able to view the draft version of the ICD-10 MS-DRG Definitions Manual,
Version 38.
The test version of the ICD-10 MS-DRG GROUPER Software, Version 38,
the draft version of the ICD-10 MS-DRG Definitions Manual, Version 38,
and the supplemental mapping file in Table 6P.1a of FY 2020 and FY 2021
ICD-10-CM diagnosis codes are available at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software.
Following are the changes that we are proposing to the MS-DRGs for
FY 2021. We are inviting public comments on each of the MS-DRG
classification proposed changes, as well as our proposals to maintain
certain existing MS-DRG classifications discussed in this proposed
rule. In some cases, we are proposing changes to the MS-DRG
classifications based on our analysis of claims data and consultation
with our clinical advisors. In other cases, we are proposing to
maintain the existing MS-DRG classifications based on our analysis of
claims data and consultation with our clinical advisors. For this FY
2021 IPPS/LTCH PPS proposed rule, our MS-DRG analysis was based on ICD-
10 claims data from the September 2019 update of the FY 2019 MedPAR
file, which contains hospital bills received through September 30,
2019, for discharges occurring through September 30, 2019. In our
discussion of the proposed MS-DRG reclassification changes, we refer to
these claims data as the ``September 2019 update of the FY 2019 MedPAR
file.''
As explained in previous rulemaking (76 FR 51487), in deciding
whether to propose to make further modifications to the MS-DRGs for
particular circumstances brought to our attention, we consider whether
the resource consumption and clinical characteristics of the patients
with a given set of conditions are significantly different than the
remaining patients represented in the MS-DRG. We evaluate patient care
costs using average costs and lengths of stay and rely on the judgment
of our clinical advisors to determine whether patients are clinically
distinct or similar to other patients represented in the MS-DRG. In
evaluating resource costs, we consider both the absolute and percentage
differences in average costs between the cases we select for review and
the remainder of cases in the MS-DRG. We also consider variation in
costs within these groups; that is, whether observed average
differences are consistent across patients or attributable to cases
that are extreme in terms of costs or length of stay, or both. Further,
we consider the number of patients who will have a given set of
characteristics and generally prefer not to create a new MS-DRG unless
it would include a substantial number of cases.
In our examination of the claims data, we apply the following
criteria established in FY 2008 (72 FR 47169) to determine if the
creation of a new complication or comorbidity (CC) or major
complication or comorbidity (MCC) subgroup within a base MS-DRG is
warranted:
A reduction in variance of costs of at least 3 percent;
At least 5 percent of the patients in the MS-DRG fall
within the CC or MCC subgroup;
At least 500 cases are in the CC or MCC subgroup;
There is at least a 20-percent difference in average costs
between subgroups; and
There is a $2,000 difference in average costs between
subgroups.
In order to warrant creation of a CC or MCC subgroup within a base
MS-DRG, the subgroup must meet all five of the criteria.
Beginning with this FY 2021 IPPS/LTCH PPS proposed rule, we are
proposing to expand the previously
[[Page 32473]]
listed criteria to also include the NonCC subgroup. We believe that
applying these criteria to the NonCC subgroup would better reflect
resource stratification and also promote stability in the relative
weights by avoiding low volume counts for the NonCC level MS-DRGs.
Specifically, in our analysis of the MS-DRG classification requests
for FY 2021 that we received by November 1, 2019, as well as any
additional analyses that were conducted in connection with those
requests, we applied these criteria to each of the MCC, CC and NonCC
subgroups, as described in the following table. We are providing the
following table to better illustrate all five criteria and how they are
applied for each CC subgroup, including their application to the NonCC
subgroup beginning with this FY 2021 proposed rule. We have revised the
order in which the criteria are presented for illustrative purposes.
[GRAPHIC] [TIFF OMITTED] TP29MY20.000
In general, once the decision has been made to propose to make
further modifications to the MS-DRGs as described previously, such as
creating a new base MS-DRG, or in our evaluation of a specific MS-DRG
classification request to split (or subdivide) an existing base MS-DRG
into severity levels, all five criteria must be met for the base MS-DRG
to be split (or subdivided) by a CC subgroup. We note that in our
analysis of requests to create a new MS-DRG, we evaluate the most
recent year of MedPAR claims data available. For example, we stated
earlier that for this FY 2021 IPPS/LTCH PPS proposed rule, our MS-DRG
analysis was based on ICD-10 claims data from the September 2019 update
of the FY 2019 MedPAR file. However, in our evaluation of requests to
split an existing base MS-DRG into severity levels, as noted in prior
rulemaking (80 FR 49368), we analyze the most recent 2 years of data.
This analysis includes 2 years of MedPAR claims data to compare the
data results from 1 year to the next to avoid making determinations
about whether additional severity levels are warranted based on an
isolated year's data fluctuation and also, to validate that the
established severity levels within a base MS-DRG are supported. The
first step in our process of evaluating if the creation of a new CC
subgroup within a base MS-DRG is warranted is to determine if all the
criteria are satisfied for a three way split. If the criteria fail, the
next step is to determine if the criteria are satisfied for a two way
split. If the criteria for both of the two way splits fail, then a
split (or CC subgroup) would generally not be warranted for that base
MS-DRG. If the three way split fails on any one of the five criteria
and all five criteria for both two way splits (1_23 and 12_3) are met,
we would apply the two way split with the highest R2 value. We note
that if the request to split (or subdivide) an existing base MS-DRG
into severity levels specifies the request is for either one of the two
way splits (1_23 or 12_3), in response to the specific request, we will
evaluate the criteria for both of the two way splits, however we do not
also evaluate the criteria for a three way split.
2. Pre-MDC
a. Bone Marrow Transplants
We received two separate requests that involve the MS-DRGs where
bone marrow transplant procedures are assigned. The first request was
to redesignate MS-DRG 014 (Allogeneic Bone Marrow Transplant), MS-DRG
016 (Autologous Bone Marrow Transplant with CC/MCC or T-Cell
Immunotherapy), and MS-DRG 017 (Autologous Bone Marrow Transplant
without CC/MCC) from surgical MS-DRGs to medical MS-DRGs. According to
the requestor, bone marrow transplant procedures involve a transfusion
of donor cells and do not involve a surgical procedure or require the
resources of an operating room (O.R.). The second request involving
bone marrow transplant procedures was to split MS-DRG 014 (Allogeneic
Bone Marrow Transplant) into two severity levels, based on the presence
of a MCC. In this section of this rule, we discuss each request in more
detail.
With regard to the first request, the requestor noted that the
logic for MS-DRG 014 consists of ICD-10-PCS procedure codes describing
allogeneic bone marrow transplants that are designated as non-operating
room (non-O.R.) procedures. The requestor also noted that the logic for
MS-DRGs 016 and 017 includes ICD-10-PCS procedure codes describing
autologous bone marrow transplants where certain
[[Page 32474]]
procedure codes are designated as O.R. and other procedure codes are
designated as non-O.R. procedures. The requestor stated that
redesignating the bone marrow transplant MS-DRGs from surgical to
medical would clinically align with the resources utilized in the
performance of these procedures.
The requestor is correct that bone marrow transplant procedures are
currently assigned to MS-DRGs 014, 016, and 017 which are classified as
surgical MS-DRGs under the Pre-MDC category for the ICD-10 MS-DRGs. The
requestor is also correct that the logic for MS-DRG 014 consists of
ICD-10-PCS procedure codes describing allogeneic bone marrow
transplants that are designated as non-operating room (non-O.R.)
procedures and that the logic for MS-DRGs 016 and 017 includes ICD-10-
PCS procedure codes describing autologous bone marrow transplants where
certain procedure codes are designated as O.R. procedures and other
procedure codes are designated as non-O.R. procedures. We refer the
reader to the ICD-10 MS-DRG Definitions Manual Version 37 which is
available via the internet on the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software for complete documentation of the GROUPER
logic for MS-DRGs 014, 016, and 017.
We consulted with our clinical advisors and they agreed that bone
marrow transplant procedures are similar to a blood transfusion
procedure, do not utilize the resources of an operating room, and are
not surgical procedures. Our clinical advisors concurred that bone
marrow transplants are medical procedures and it is more accurate to
designate the MS-DRGs to which these procedures are assigned as medical
MS-DRGs versus surgical MS-DRGs. Therefore, we are proposing to
redesignate MS-DRGs 014, 016, and 017 as medical MS-DRGs effective
October 1, 2020 for FY 2021.
As noted previously, the logic for MS-DRGs 016 and 017 includes
ICD-10-PCS procedure codes describing autologous bone marrow
transplants and related procedures where certain procedure codes are
designated as O.R. and other procedure codes are designated as non-O.R.
procedures. During our review of the bone marrow transplant procedures
assigned to these MS-DRGs we identified the following 8 procedure codes
that are currently designated as O.R procedures.
[GRAPHIC] [TIFF OMITTED] TP29MY20.001
In connection with our proposal to designate the MS-DRGs to which
these procedures are assigned as medical, as well as for clinical
consistency with the other procedure codes describing bone marrow
transplant procedures, we are proposing to redesignate the listed ICD-
10-PCS procedure codes from O.R. to non-O.R. procedures, affecting
their current MS-DRG assignment for MS-DRGs 016 and 017, effective
October 1, 2020 for FY 2021.
As noted earlier in this section, we also received a request to
split MS-DRG 014 (Allogeneic Bone Marrow Transplant) into two severity
levels, based on the presence of a MCC. For FY 2020, the requestor had
requested that MS-DRG 014 be split into two new MS-DRGs according to
donor source. For the reasons discussed in the FY 2020 IPPS/LTCH PPS
proposed rule (84 FR 19176 through 19180) and the FY 2020 IPPS/LTCH PPS
final rule (84 FR 42067 through 42072), we did not propose to split MS-
DRG 014 into two new MS-DRGs according to donor source. However,
according to the requestor, a single (base) MS-DRG for allogeneic bone
marrow and stem cell transplants continues to not be as clinically or
resource homogeneous as it could be. The requestor conducted its own
analysis and stated the results revealed it was appropriate to split
MS-DRG 014 based on the presence of a MCC.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for MS-DRG 014. There were 962 cases found in MS-DRG
014 with an average length of stay of 26.7 days and average costs of
$89,586.
Consistent with our established process, we conducted an analysis
of MS-DRG 014 to determine if the criteria to create subgroups were
met. The process for conducting this type of analysis includes
examining 2 years of MedPAR claims data to compare the data results
from 1 year to the next to avoid making determinations about whether
additional severity levels are warranted based on an isolated year's
data fluctuation and also, to validate that the established severity
levels within a base MS-DRG are supported. Therefore, we reviewed the
claims data for base MS-DRG 014 using the September 2018 update of the
FY 2018 MedPAR file and the September 2019 update of the FY 2019 MedPAR
file, which were used in our analysis of claims data for MS-DRG
reclassification requests for FY 2020 and FY 2021. Our findings are
shown in the table.
[[Page 32475]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.002
We applied the criteria to create subgroups for each of the two-way
severity level splits. As discussed in section II.D.1.b., beginning
with this FY 2021 IPPS/LTCH PPS proposed rule, we are proposing to
expand the previously listed criteria to also include the NonCC group.
The criterion that there be at least 500 cases for each subgroup failed
due to low volume, as shown in the table for both years. Specifically,
for the ``with MCC'' and ``without MCC'' (CC+NonCC) split, there were
only 183 (141+42) cases in the ``without MCC'' subgroup based on the
data in the FY 2019 MedPAR file and only 175 (140+35) cases in the
``without MCC'' subgroup based on the data in the FY 2018 MedPAR file.
For the ``with CC/MCC'' and ``without CC/MCC'' (NonCC) split, there
were only 42 cases in the NonCC subgroup based on the data in the FY
2019 MedPAR file and only 35 cases in the NonCC subgroup based on the
data in the FY 2018 MedPAR file. The claims data do not support a two-
way severity level split for MS-DRG 014, therefore, we are proposing to
maintain the current structure of MS-DRG 014 for FY 2021.
b. Chimeric Antigen Receptor (CAR) T-Cell Therapies
We received several requests to create a new MS-DRG for procedures
involving CAR T-cell therapies. The requestors stated that creation of
a new MS-DRG would improve payment for CAR T-cell therapies in the
inpatient setting. Some requestors noted that cases involving CAR T-
cell therapies will no longer be eligible for new technology add-on
payments in FY 2021 and that this would significantly reduce the
overall payment for cases involving CAR T-cell therapies. Some
requestors also noted that in the absence of the creation of a new MS-
DRG for procedures involving CAR T-cell therapies, outlier payments for
these cases would increase significantly, which would increase the
share of total outlier payments that are attributable to CAR T-cell
therapies.
The requestors stated that the new MS-DRG for CAR T-cell therapies
should include cases that report ICD-10-PCS procedure codes XW033C3
(Introduction of engineered autologous chimeric antigen receptor t-cell
immunotherapy into peripheral vein, percutaneous approach, new
technology group 3) or XW043C3 (Introduction of engineered autologous
chimeric antigen receptor t-cell immunotherapy into central vein,
percutaneous approach, new technology group 3).
Given the high cost of the CAR T-cell product, some requestors
provided recommendations related to the differential treatment of cases
where the CAR T-cell product was provided without cost as part of a
clinical trial to ensure that the payment amount for the newly created
MS-DRG for CAR T-cell therapy cases would appropriately reflect the
average cost hospitals incur for providing CAR T-cell therapy outside
of a clinical trial. For example, some requestors suggested that CMS
make minor adjustments to its usual ratesetting methodology to exclude
clinical trial claims from the calculation of the relative weight for
any MS-DRG for CAR T-cell therapies. One requestor noted that these
adjustments are consistent with CMS' general authority under sections
1886(d)(4)(B) and (C) of the Act. Some requestors also suggested that
CMS apply an offset to the MS-DRG payment in cases where the provider
does not incur the cost of the CAR T-cell therapy.
Currently, procedures involving CAR T-cell therapies are identified
with ICD-10-PCS procedure codes XW033C3 and XW043C3, which became
effective October 1, 2017. In the FY 2019 IPPS/LTCH PPS final rule, we
finalized our proposal to assign cases reporting these ICD-10-PCS
procedure codes to Pre-MDC MS-DRG 016 for FY 2019 and to revise the
title of this MS-DRG to ``Autologous Bone Marrow Transplant with CC/MCC
or T-cell Immunotherapy''. We refer readers to section II.F.2.d. of the
preamble of the FY 2019 IPPS/LTCH PPS final rule for a complete
discussion of these final policies (83 FR 41172 through 41174).
As noted, the current procedure codes for CAR T-cell therapies both
became effective October 1, 2017. In the FY 2019 IPPS/LTCH PPS final
rule (83 FR 41172 through 41174), we indicated that we believed we
should collect more comprehensive clinical and cost data before
considering assignment of a new MS-DRG to these therapies. We stated in
the FY 2020 IPPS/LTCH PPS proposed rule that, while the September 2018
update of the FY 2018 MedPAR data file does contain some claims that
include those procedure codes that identify CAR T-cell therapies, the
number of cases is limited, and the submitted costs vary widely due to
differences in provider billing and charging practices for this
therapy. Therefore, while those claims could potentially be used to
create relative weights for a new MS-DRG, we stated that we did not
have the comprehensive clinical and cost data that we generally believe
are needed to do so. Furthermore, we stated in the FY 2020 IPPS/LTCH
PPS proposed rule that given the relative newness of CAR T-cell therapy
and our proposal to continue new technology add-on payments for FY 2020
for the two CAR T-cell therapies that currently have FDA approval
(KYMRIAHTM and YESCARTATM), at the time we
believed it was premature to consider creation of a new MS-DRG
specifically for cases involving CAR T-cell therapy for FY 2020. We
stated that in future years we would have additional data that could be
used to evaluate the potential creation of a new MS-DRG specifically
for cases involving CAR T-cell therapies.
We now have more data upon which to evaluate a new MS-DRG
specifically for cases involving CAR T-cell therapies. We agree with
the requestors it is appropriate to consider the development of a new
MS-DRG using the data that is now available. We examined the claims
data from the September 2019 update of the FY 2019 MedPAR data file for
cases that reported ICD-10-PCS procedure codes XW033C3 or XW043C3. For
purposes of this analysis, we identified clinical trial cases as claims
with ICD-10-CM diagnosis code Z00.6 (Encounter for examination for
normal comparison and control in clinical research program) which is
reported only for clinical trial cases, or with standardized drug
charges of less than $373,000, which is the average sales price of
KYMRIAH and YESCARTA, which are the two CAR T-cell medicines approved
to treat relapsed/refractory diffuse large B-cell lymphoma as of the
time of the
[[Page 32476]]
development of this proposed rule. We distinguished between clinical
trial and non-clinical trial cases in this analysis because we agree
with the requestors who indicated that given the high cost of the CAR
T-cell product, it is appropriate to distinguish cases where the CAR T-
cell product was provided without cost as part of a clinical trial so
that the analysis appropriately reflects the resources required to
provide CAR T-cell therapy outside of a clinical trial. We also note
that we included cases that would have been identified as statistical
outliers under our usual process when examined as part of MS-DRG 016
due to the extreme cost differences between the CAR T-cell therapy
claims and other claims in MS-DRG 016, but would not be identified as
statistical outliers when examining CAR T-cell therapy claims only. Our
findings are shown in the table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.003
As shown in the table, we found 2,212 cases in MS-DRG 016, with an
average length of stay of 18.2 days and average costs of $55,001. Of
these 2,212 cases, 262 cases reported ICD-10-PCS procedure codes
XW033C3 or XW043C3; these cases had an average length of stay of 16.3
days and average costs of $127,408. Of these 262 cases, 94 were
identified as non-clinical trial cases; these cases had an average
length of stay of 17.2 days and average costs of $274,952. The
remaining 168 cases were identified as clinical trial cases; these
cases had an average length of stay of 15.8 days and average costs of
$44,853.
The data indicate that the average costs for the non-clinical trial
cases that reported ICD-10-PCS procedure codes XW033C3 or XW043C3 are
almost five times higher than the average costs for all cases in MS-DRG
016. Our clinical advisors also believe that the cases reporting ICD-
10-PCS procedure codes XW033C3 or XW043C3 can be clinically
differentiated from other cases that group to MS-DRG 016, which
includes procedures involving autologous bone marrow transplants, once
the CAR T-cell therapy itself is taken into account in the comparison.
As described earlier in this section, in deciding whether to
propose to make modifications to the MS-DRGs for particular
circumstances brought to our attention, we consider a variety of
factors pertaining to resource consumption and clinical
characteristics. While we generally prefer not to create a new MS-DRG
unless it would include a substantial number of cases, our clinical
advisors believe that the vast discrepancy in resource consumption as
reflected in the claims data analysis and the clinical differences
warrant the creation of a new MS-DRG. We are therefore proposing to
assign cases reporting ICD-10-PCS procedure codes XW033C3 or XW043C3 to
a proposed new MS-DRG 018 (Chimeric Antigen Receptor (CAR) T-cell
Immunotherapy). If additional procedure codes describing CAR-T cell
therapies are approved and finalized, we would use our established
process to assign these procedure codes to the most appropriate MS-DRG.
Because these cases would no longer group to MS-DRG 016, we are
proposing to revise the title for MS-DRG 016 from ``Autologous Bone
Marrow Transplant with CC/MCC or T-cell Immunotherapy'' to ``Autologous
Bone Marrow Transplant with CC/MCC.'' We refer readers to section
II.E.2.b. of the preamble of this proposed rule for a discussion of the
proposed relative weight calculation for the proposed new MS-DRG 018
for CAR T-cell Therapy, and to section IV.I. of the preamble of this
proposed rule for a discussion of the proposed payment adjustment for
CAR T-cell clinical trial cases.
3. MDC 1 (Diseases and Disorders of the Nervous System)
a. Carotid Artery Stent Procedures
In the FY 2020 IPPS/LTCH PPS final rule (84 FR 42078), we finalized
our proposal to reassign 96 ICD-10-PCS procedure codes describing
dilation of carotid artery with an intraluminal device(s) from MS-DRGs
037, 038, and 039 (Extracranial Procedures with MCC, with CC, and
without CC/MCC, respectively) to MS-DRGs 034, 035, and 036 (Carotid
Artery Stent Procedures with MCC, with CC, and without CC/MCC,
respectively). We received a request to review six ICD-10-PCS procedure
codes describing dilation of a carotid artery (common, internal or
external) with drug eluting intraluminal devices(s) using an open
approach that are currently assigned to the logic for case assignment
to MS-DRGs 037, 038, and 039 that were not included in the list of
codes finalized for reassignment in the FY 2020 IPPS/LTCH PPS final
rule. The six codes are identified in the following table.
[[Page 32477]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.004
The logic for case assignment to MS-DRGs 034, 035, and 036 as
displayed in the ICD-10 MS-DRG Version 37 Definitions Manual, available
via the internet on the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software.html is comprised of a list of logic which
includes procedure codes for operating room procedures involving
dilation of a carotid artery (common, internal or external) with
intraluminal device(s). All of the ICD-10-PCS procedure codes in the
logic list assigned to MS-DRGs 034, 035, and 036 describe dilation of a
carotid artery with an intraluminal device.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for MS-DRGs 034, 035, and 036 which only include those
procedure codes that describe procedures that involve dilation of a
carotid artery with an intraluminal device. Our findings are reported
in the table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.005
As shown in the table, we found a total of 1,259 cases in MS-DRG
034 with an average length of stay of 6.9 days and average costs of
$28,668. We found a total of 3,367 cases in MS-DRG 035 with an average
length of stay of 3.0 days and average costs of $17,114. We found a
total of 4,769 cases in MS-DRG 036 with an average length of stay of
1.4 days and average costs of $13,501.
We then examined claims data from the September 2019 update of the
FY 2019 MedPAR file for MS-DRGs 037, 038, and 039 and identified cases
reporting any one of the 6 procedure codes listed in the table
previously to determine the volume of cases impacted and if the average
length of stay and average costs are consistent with the average length
of stay and average costs for MS-DRGs 034, 035 and 036. Our finding are
shown in the following table.
[[Page 32478]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.006
As shown in the table, we found a total of 3,331 cases with an
average length of stay of 7.3 days and average costs of $24,155 in MS-
DRG 037. There were 6 cases reporting at least one of the 6 procedure
codes that describe dilation of the carotid artery with an intraluminal
device using an open approach in MS-DRG 037 with an average length of
stay of 7 days and average costs of $22,272. For MS-DRG 038, we found a
total of 11,021 cases with an average length of stay of 3 days and
average costs of $12,306. There were 33 cases reporting at least one of
the 6 procedure codes that describe dilation of the carotid artery with
an intraluminal device in MS-DRG 038 with an average length of stay of
2.3 days and average costs of $16,777. For MS-DRG 039, we found a total
of 20,854 cases with an average length of stay of 1.4 days and average
costs of $8,463. There were 26 cases reporting at least one of the 6
procedure codes that describe dilation of the carotid artery with an
intraluminal device in MS-DRG 039 with an average length of stay of 1.2
days and average costs of $14,981.
The data analysis shows that for the cases in MS-DRGs 037, 038, and
039 reporting ICD-10-PCS codes 037H04Z, 037J04Z, 037K04Z, 037L04Z,
037M04Z, or 037N04Z, the average length of stay is shorter and the
average costs are higher than the average length of stay and average
costs (with the exception of the average costs for the 6 cases in MS-
DRG 037 which are slightly less) in the FY 2019 MedPAR file for MS-DRGs
037, 038, and 039 respectively. The data analysis also shows for the
cases in MS-DRGs 037, 038, and 039 reporting ICD-10-PCS codes 037H04Z,
037J04Z, 037K04Z, 037L04Z, 037M04Z, and 037N04Z the average length of
stay and the average costs are in-line with the average length of stay
and average costs in the FY 2019 MedPAR file for MS-DRGs 034, 035, and
036 respectively.
As noted in the FY 2020 IPPS/LTCH PPS proposed rule (84 FR 19184)
and final rule (84 FR 42077), our clinical advisors stated that MS-DRGs
034, 035 and 036 are defined to include only those procedure codes that
describe procedures that involve dilation of a carotid artery with an
intraluminal device.
Therefore, we are proposing to reassign the procedure codes listed
in the table from MS-DRGs 037, 038, and 039 that describe procedures
that involve dilation of the carotid artery with an intraluminal device
to MS-DRGs 034, 035, and 036.
In addition to our analysis of the claims data from the September
2019 MedPAR file for MS-DRGs 037, 038, and 039, we conducted an
examination of all the MS-DRGs where any one of the 6 procedure codes
listed previously were also reported to determine if any one of the 6
procedure codes were included in any other MS-DRG outside of MDC 01, to
further assess the current MS-DRG assignments. Our findings are shown
in the following table.
[[Page 32479]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.007
As shown in the table, we found one case reporting any one of these
6 procedure codes in each of MS-DRGs 023, 027, 035, 219, 233, 235 and
252. We note that all of the listed MS-DRGs are assigned to MDC 01 with
one exception: MS-DRG 252 (Other Vascular Procedures with MCC) in MDC05
(Diseases and Disorders of the Circulatory System). As a result, we
reviewed the logic list for MS-DRGs 252, 253, and 254 (Other Vascular
Procedures with MCC, with CC, and without CC/MCC, respectively) in MDC
05 and found 36 ICD-10-PCS codes for procedures that describe dilation
of the carotid artery with an intraluminal device with an open approach
that are not currently assigned in MDC 01. The 36 ICD-10-PCS codes are
listed in the following table.
BILLING CODE 4120-01-P
[[Page 32480]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.008
[[Page 32481]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.009
BILLING CODE 4120-01-C
We then examined the claims data to determine if there were other
MS-DRGs in which one of the 36 procedure codes listed in the table were
reported. We found 8 cases that grouped to MS-DRGs 981, 982, and 983
(Extensive O.R. Procedure Unrelated to Principal Diagnosis with MCC,
with CC, and without CC/MCC, respectively) when a principal diagnosis
from MDC 01 was reported with one of the procedure codes in the table
that describes dilation of a carotid artery with an intraluminal
device, open approach.
As noted previously, in the FY 2020 IPPS/LTCH PPS proposed rule (84
FR 19184) and final rule (84 FR 42077), our clinical advisors stated
that MS-DRGs 034, 035, and 036 are defined to include those procedure
codes that describe procedures that involve dilation of a carotid
artery with an intraluminal device. Our clinical advisors support
adding the 36 ICD-10-PCS codes identified in the table to MS-DRGs 034,
035, and 036 in MDC 01 for consistency to align with the definition of
MS-DRGs 034, 035, and 036 and also to permit proper case assignment
when a principal diagnosis from MDC 01 is reported with one of the
procedure codes in the table that describes dilation of a carotid
artery with an intraluminal device, open approach.
Therefore, for FY 2021, we are also proposing to add the 36 ICD-10-
PCS codes identified in the table that are currently assigned in MDC 05
to MS-DRGs 252, 253, and 254 to the GROUPER logic for MS-DRGs 034, 035,
and 036 in MDC 01.
b. Epilepsy with Neurostimulator
We received a request to reassign cases describing the insertion of
a neurostimulator generator into the skull in combination with the
insertion of a neurostimulator lead into the brain from MS-DRG 023
(Craniotomy with Major Device Implant or Acute Complex Central Nervous
System (CNS) Principal Diagnosis (PDX) with MCC or Chemotherapy Implant
or Epilepsy with Neurostimulator) to MS-DRG 021 (Intracranial Vascular
Procedures with PDX Hemorrhage with CC) or to reassign
[[Page 32482]]
these cases to another MS-DRG for more appropriate payment. The
Responsive Neurostimulator (RNS(copyright)) System, a
cranially implanted neurostimulator that is a treatment option for
persons diagnosed with medically intractable epilepsy, is identified by
the reporting of an ICD-10-PCS code combination capturing a
neurostimulator generator inserted into the skull with the insertion of
a neurostimulator lead into the brain and cases are assigned to MS-DRG
023 when reported with a principal diagnosis of epilepsy.
As discussed in the FY 2018 IPPS/LTCH PPS final rule (82 FR 38015
through 38019), we finalized our proposal to reassign all cases with a
principal diagnosis of epilepsy and one of the following ICD-10-PCS
code combinations capturing cases with a neurostimulator generator
inserted into the skull with the insertion of a neurostimulator lead
into the brain (including cases involving the use of the
RNS(copyright) neurostimulator) to MS-DRG 023 even if there
is no MCC reported:
0NH00NZ (Insertion of neurostimulator generator into
skull, open approach), in combination with 00H00MZ (Insertion of
neurostimulator lead into brain, open approach).
0NH00NZ (Insertion of neurostimulator generator into
skull, open approach), in combination with 00H03MZ (Insertion of
neurostimulator lead into brain, percutaneous approach).
0NH00NZ (Insertion of neurostimulator generator into
skull, open approach), in combination with 00H04MZ (Insertion of
neurostimulator lead into brain, percutaneous endoscopic approach).
We also finalized our proposed change to the title of MS-DRG 023
from ``Craniotomy with Major Device Implant or Acute Complex Central
Nervous System (CNS) Principal Diagnosis (PDX) with MCC or Chemo
Implant'' to ``Craniotomy with Major Device Implant or Acute Complex
Central Nervous System (CNS) Principal Diagnosis (PDX) with MCC or
Chemotherapy Implant or Epilepsy with Neurostimulator'' to reflect the
modifications to the MS-DRG structure.
The requestor acknowledged the refinements made to MS-DRG 023
effective for FY 2018, but stated that despite the previously-mentioned
changes, cases describing the insertion of a neurostimulator generator
into the skull in combination with the insertion of a neurostimulator
lead into the brain continue to be underpaid. The requestor performed
its own analysis and stated that it found that the average costs of
cases describing the insertion of the RNS(copyright)
neurostimulator were significantly higher than the average costs of all
cases in their current assignment to MS-DRG 023, and as a result, cases
describing the insertion of the RNS(copyright)
neurostimulator are not being adequately reimbursed. The requestor
suggested the following two options for MS-DRG assignment updates: (1)
Reassign cases describing the insertion of a neurostimulator generator
into the skull in combination with the insertion of a neurostimulator
lead into the brain from MS-DRG 023 to MS-DRG 021 with a change in
title to ``lntracranial Vascular Procedures with PDX Hemorrhage with CC
or Epilepsy with Neurostimulator;'' or (2) reassign cases describing
the insertion of a neurostimulator generator into the skull in
combination with the insertion of a neurostimulator lead into the brain
to another higher paying MS-DRG that would provide adequate
reimbursement. The requestor stated its belief that MS-DRG 021 is a
better fit in terms of average costs and clinical coherence for
reassignment of RNS(copyright) System cases and recognized
that there is likely still not enough volume to warrant the creation of
new MS-DRGs for cases describing the insertion of the
RNS(copyright) neurostimulator.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for all cases in MS-DRG 023 and compared the results
to cases representing a neurostimulator generator inserted into the
skull with the insertion of a neurostimulator lead into the brain
(including cases involving the use of the RNS(copyright)
neurostimulator) that had a principal diagnosis of epilepsy in MS-DRG
023. The following table shows our findings:
[GRAPHIC] [TIFF OMITTED] TP29MY20.010
As shown in the table, for MS-DRG 023, we identified a total of
11,938 cases, with an average length of stay of 9.8 days and average
costs of $40,264. Of the 11,938 cases in MS-DRG 023, there were 81
cases describing a neurostimulator generator inserted into the skull
with the insertion of a neurostimulator lead into the brain (including
cases involving the use of the RNS(copyright)
neurostimulator) that had a principal diagnosis of epilepsy with an
average length of stay of 3.3 days and average costs of $52,362. Our
clinical advisors reviewed these data, and agreed with the requestor
that the number of cases is too small to warrant the creation of a new
MS-DRG for these cases, for the reasons discussed in the FY 2018 IPPS/
LTCH PPS final rule (82 FR 38015 through 38019).
We also examined the reassignment of cases describing a
neurostimulator generator inserted into the skull with the insertion of
a neurostimulator lead into the brain (including cases involving the
use of the RNS(copyright) neurostimulator) to MS-DRGs 020,
021, and 022 (Intracranial Vascular Procedures with PDX Hemorrhage with
MCC, with CC, and without CC/MCC, respectively). While the request was
to reassign these cases to MS-DRG 021, MS-DRG 021 is specifically
differentiated according to the presence of a secondary diagnosis with
a severity level designation of a complication or comorbidity (CC).
Cases with a neurostimulator generator inserted into the skull with the
insertion of a neurostimulator lead into the brain (including cases
involving the use of the RNS(copyright) neurostimulator) do
not always involve the presence of a secondary diagnosis with a
severity level designation of a complication or comorbidity (CC), and
therefore we reviewed data for all three MS-DRGs. The following table
shows our findings:
[[Page 32483]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.011
As shown in the table, for MS-DRG 020, there were a total of 1,623
cases with an average length of stay of 16.1 days and average costs of
$75,668. For MS-DRG 021, there were a total of 409 cases with an
average length of stay of 12.3 days and average costs of $55,123. For
MS-DRG 022, there were a total of 131 cases with an average length of
stay of 6.3 days and average costs of $35,599.
While the cases in MS-DRG 023 describing a neurostimulator
generator inserted into the skull with the insertion of a
neurostimulator lead into the brain (including cases involving the use
of the RNS(copyright) neurostimulator) and a principal
diagnosis of epilepsy have average costs that are similar to the
average costs of cases in MS-DRG 021 ($52,362 compared to $55,123),
they have an average length of stay that is 9 days shorter (3.3 days
compared to 12.3 days), similar to our findings as summarized in the FY
2018 IPPS/LTCH PPS final rule. Our clinical advisors reviewed the
clinical issues and the claims data, and did not support reassigning
the cases describing a neurostimulator generator inserted into the
skull with the insertion of a neurostimulator lead into the brain
(including cases involving the use of the RNS(copyright)
neurostimulator) and a principal diagnosis of epilepsy from MS-DRG 023
to MS-DRGs 020, 021 or 022. As discussed in the FY 2018 IPPS/LTCH PPS
final rule, the cases in MS-DRGs 020, 021 and 022 have a principal
diagnosis of a hemorrhage. The RNS(copyright)
neurostimulator generators are not used to treat patients with
diagnosis of a hemorrhage. Our clinical advisors continue to believe
that it is inappropriate to reassign cases representing a principal
diagnosis of epilepsy to a MS-DRG that contains cases that represent
the treatment of intracranial hemorrhage, as discussed in the FY 2018
IPPS/LTCH PPS final rule (82 FR 38015 through 38019). They also stated
that the differences in average length of stay and average costs based
on the more recent data continue to support this recommendation.
We then explored alternative options, as was requested. We noted
that the 81 cases describing a neurostimulator generator inserted into
the skull with the insertion of a neurostimulator lead into the brain
(including cases involving the use of the RNS(copyright)
neurostimulator) and a principal diagnosis of epilepsy had an average
length of stay of 3.3 days and average costs of $52,362, as compared to
the 11,938 cases in MS-DRG 023 that had an average length of stay of
9.8 days and average costs of $40,264. While these neurostimulator
cases had average costs that were $12,098 higher than the average costs
of all cases in MS-DRG 023, there were only a total of 81 cases. There
may have been other factors contributing to the higher costs.
We further analyzed the data to identify those cases describing a
neurostimulator generator inserted into the skull with the insertion of
a neurostimulator lead into the brain (including cases involving the
use of the RNS(copyright) neurostimulator), with at least
one other procedure designated as an O.R. procedure, and a principal
diagnosis of epilepsy. This approach can be useful in determining
whether resource use is truly associated with a particular procedure or
whether the procedure frequently occurs in cases with other procedures
with higher than average resource use. Our data findings for MS-DRG 023
demonstrate that of the 81 cases describing a neurostimulator generator
inserted into the skull with the insertion of a neurostimulator lead
into the brain (including cases involving the use of the
RNS(copyright) neurostimulator) and a principal diagnosis of
epilepsy, 19 reported at least one other procedure designated as an
O.R. procedure, and had higher average costs ($72,995 versus $52,362)
compared to the average costs of all cases in this subset of MS-DRG
023.
We also reviewed the cases reporting procedures describing a
neurostimulator generator inserted into the skull with the insertion of
a neurostimulator lead into the brain (including cases involving the
use of the RNS(copyright) neurostimulator), and a principal
diagnosis of epilepsy to identify the secondary diagnosis CC and/or MCC
conditions reported in conjunction with these procedures that also may
be contributing to the higher average costs for these cases. We
reviewed the claims data to identify the number (frequency) and types
of principal and secondary diagnosis CC and/or MCC conditions that were
reported. Our findings for the cases reporting secondary diagnosis MCC
and CC conditions, followed by the top 10 secondary diagnosis MCC and
secondary diagnosis CC conditions that were reported within the claims
data for this subset of cases are shown in the following tables:
[GRAPHIC] [TIFF OMITTED] TP29MY20.012
[[Page 32484]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.013
[GRAPHIC] [TIFF OMITTED] TP29MY20.267
While the results of the claims analysis as previously summarized
indicate that the average costs of cases reporting a neurostimulator
generator inserted into the skull with the insertion of a
neurostimulator lead into the brain (including cases involving the use
of the RNS(copyright) neurostimulator), and a principal
diagnosis of epilepsy are higher compared to the average costs for all
cases in their assigned MS-DRG, we cannot ascertain from the claims
data the resource use specifically attributable to the procedure during
a hospital stay. These data show cases reporting a neurostimulator
generator inserted into the skull with the insertion of a
neurostimulator lead into the brain (including cases involving the use
of the RNS(copyright) neurostimulator), and a principal
diagnosis of epilepsy, can present greater treatment difficulty, and
have a need for additional intervention with other O.R. procedures.
When reviewing consumption of hospital resources for this subset of
cases, the claims data also clearly shows that the patients typically
have multiple MCC and CC conditions, and the increased costs appear to
be attributable to the severity of illness of the patient.
In summary, we believe that further analysis of cases reporting a
neurostimulator generator inserted into the skull with the insertion of
a neurostimulator lead into the brain (including cases involving the
use of the RNS(copyright) neurostimulator), and a principal
diagnosis of epilepsy is needed prior to proposing any further
reassignment of these cases to ensure clinical coherence between these
cases and the other cases with which they may potentially be grouped.
We expect that, in future years, we would have additional data that
exhibit an increased number of cases that could be used to evaluate the
potential reassignment of cases reporting a neurostimulator generator
inserted into the skull with the insertion of a neurostimulator lead
into the brain (including cases involving the use of the
RNS(copyright) neurostimulator), and a principal diagnosis
of epilepsy. Therefore, we are not proposing to reassign cases
describing a neurostimulator generator inserted into the skull with the
insertion of a neurostimulator lead into the brain (including cases
involving the use of the RNS(copyright) neurostimulator)
from MS-DRG 023 to MS-DRG 021. We are also not proposing to reassign
Responsive Neurostimulator (RNS(copyright)) System cases to
another MS-DRG at this time.
4. MDC 3 (Diseases and Disorders of Ear, Nose and Throat):
Temporomandibular Joint Replacements
We received a request to consider reassignment of ICD-10-PCS
procedure codes 0RRC0JZ (Replacement of right temporomandibular joint
with synthetic substitute, open approach) and 0RRD0JZ (Replacement of
left temporomandibular joint with synthetic substitute, open approach)
from MS-DRGs 133 and 134 (Other Ear, Nose, Mouth and Throat O.R.
Procedures with and without CC/MCC, respectively) to MS-DRGs 131 and
132 (Cranial and Facial Procedures with and without CC/MCC,
respectively) in MDC 03.
The requestor stated that it is inaccurate for procedure codes
0RRC0JZ and 0RRD0JZ that identify and describe replacement of the
temporomandibular joint (TMJ), which involves excision of the TMJ
followed by replacement with a prosthesis, to group to MS-DRGs 133 and
134 while excision of the TMJ alone, identified by procedure codes
0RBC0ZZ (Excision of right temporomandibular joint, open approach) and
0RBD0ZZ (Excision of left temporomandibular joint, open
[[Page 32485]]
approach), groups to the higher weighted MS-DRGs 131 and 132. According
to the requestor, reassignment of procedure codes 0RRC0JZ and 0RRD0JZ
to the higher weighted MS-DRGs 131 and 132 is reasonable and the MS-DRG
title of ``Cranial and Facial Procedures'' is more appropriate.
However, the requestor also stated that the cost of the prosthesis
would continue to be underpaid, despite that recommended reassignment.
As an alternative option, the requestor suggested CMS analyze if there
may be other higher weighted MS-DRGs that could more appropriately
compensate providers for a TMJ replacement with prosthesis procedure.
In addition, the requestor recommended that we analyze all
procedures involving the mandible and maxilla and consider reassignment
of those procedure codes from MS-DRGs 129 (Major Head and Neck
Procedures with CC/MCC or Major Device) and 130 (Major Head and Neck
Procedures without CC/MCC) to MS-DRGs 131 and 132 because the codes
describe procedures that are performed on facial and cranial
structures. Finally, the requestor also suggested another option that
included modifying the surgical hierarchy for MDC 03 by sequencing MS-
DRGs 131 and 132 above MS-DRGs 129 and 130, which the requestor
asserted would provide for more appropriate payment to providers for
the performance of multiple facial procedures.
In this section of this proposed rule, we discuss these separate
but related requests that involve procedures currently assigned to MS-
DRGs 129, 130, 131, 132, 133 and 134 in MDC 03.
To analyze the request involving temporomandibular joint
replacements, we first identified the ICD-10-PCS procedure codes that
describe the excision or replacement of a temporomandibular joint as
shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.014
The requestor is correct that procedure codes 0RRC0JZ and 0RRD0JZ
that describe replacement of the right and left TMJ with a prosthesis
(synthetic substitute) by an open approach group to MS-DRGs 133 and 134
and procedure codes 0RBC0ZZ and 0RBD0ZZ that describe excision of the
right and left TMJ alone by an open approach group to the higher
weighted MS-DRGs 131 and 132. We also note that the corresponding
related codes as previously listed in the table that describe different
approaches (excision procedures) or different types of tissue
substitute (replacement procedures) are also assigned to the same
respective MS-DRGs.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for MS-DRGs 133 and 134 to identify cases reporting
ICD-10-PCS codes 0RRC0JZ or 0RRD0JZ. Our findings are shown in the
following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.015
[[Page 32486]]
In MS-DRG 133, we found a total of 1,757 cases with an average
length of stay of 5.6 days and average costs of $15,337. Of those 1,757
cases, there were 13 cases reporting ICD-10-PCS code 0RRC0JZ or
0RRD0JZ, with an average length of stay of 3.1 days and average costs
of $21,677. In MS-DRG 134, we found a total of 849 cases with an
average length of stay of 2.5 days and average costs of $9,512. Of
those 849 cases, there were 23 cases reporting ICD-10-PCS code 0RRC0JZ
or 0RRD0JZ, with an average length of stay of 2.1 days and average
costs of $20,430. The analysis shows that cases reporting ICD-10-PCS
procedure codes 0RRC0JZ or 0RRD0JZ in MS-DRGs 133 and 134 have higher
average costs ($21,677 versus $15,337 and $20,430 versus $9,512,
respectively) and shorter lengths of stay (3.1 days versus 5.6 days and
2.1 days versus 2.5 days, respectively) compared to all the cases in
their assigned MS-DRG.
We also examined claims data from the September 2019 update of the
FY 2019 MedPAR file for MS-DRGs 131 and 132. Our findings are shown in
the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.016
In MS-DRG 131, we found a total of 1,181 cases with an average
length of stay of 5.4 days and average costs of $18,875. In MS-DRG 132,
we found a total of 464 cases with an average length of stay of 2.5
days and average costs of $11,558.
Overall, the data analysis shows that the average costs for the
cases reporting procedure codes 0RRC0JZ and 0RRD0JZ in MS-DRGs 133 and
134 are more aligned with the average costs for all the cases in MS-DRG
131 ($21,677 and $20,430, respectively versus $18,875) compared to MS-
DRG 132 where the average costs are not significantly different than
the average costs of all the cases in MS-DRG 134 ($11,558 versus
$9,512). Our clinical advisors agreed that the replacement of a TMJ
with prosthesis procedures (codes 0RRC0JZ or 0RRD0JZ) are more resource
intensive and are clinically distinct from the cases reporting
procedure codes 0RBC0ZZ and 0RBD0ZZ that involve excision of the TMJ
alone. They also agreed that procedure codes 0RRC0JZ and 0RRD0JZ should
be reassigned to a higher weighted MS-DRG. However, they recommended we
conduct further claims analysis to identify if there are other MS-DRGs
in MDC 03 where cases reporting these procedure codes may also be found
and to compare that data.
As previously noted, the requestor had also recommended that we
analyze all procedures involving the mandible and maxilla and consider
reassignment of those procedure codes from MS-DRGs 129 and 130 to MS-
DRGs 131 and 132. The requestor did not provide a specific list of the
procedure codes involving the mandible and maxilla, therefore, we
reviewed the list of procedure codes in MS-DRGs 129 and 130 and
identified the following 26 procedure codes describing procedures
performed on the mandible. There were no procedure codes describing
procedures performed on the maxilla in MS-DRGs 129 and 130.
[[Page 32487]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.017
Based on the advice of our clinical advisors as previously
discussed, we conducted additional analyses for MDC 03 using the same
FY 2019 MedPAR data file and found cases reporting procedure code
0RRC0JZ or 0RRD0JZ for the replacement of a TMJ with prosthesis
procedure in MS-DRGs 129, 130, 131, and 132. As discussed in section
II.D.15. of this proposed rule, cases with multiple procedures are
assigned to the highest surgical class in the hierarchy to which one of
the procedures is assigned. For example, if procedure code 0RRC0JZ
which is assigned to the logic for MS-DRGs 133 and 134 is reported on a
claim with procedure code 0NSR04Z (Reposition maxilla with internal
fixation device, open approach), which is assigned to the logic for MS-
DRGs 131 and 132, the case will group to MS-DRG 131 or 132 (depending
on the presence of a CC or MCC) when reported with a principal
diagnosis from MDC 03 because MS-DRGs 131 and 132 are sequenced higher
in the surgical hierarchy than MS-DRGs 133 and 134. Therefore, since
MS-DRGs 129, 130, 131, and 132 are sequenced higher in the surgical
hierarchy than MS-DRGs 133 and 134 in MDC 03, cases reporting procedure
code 0RRC0JZ or 0RRD0JZ along with another O.R. procedure that is
currently assigned to one of those MS-DRGs in the GROUPER logic results
in case assignment to one of those higher surgical class MS-DRGs. We
also identified cases reporting procedures performed on the mandible
from the previously discussed list of procedure codes in MS-DRGs 129
and 130. Our findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.018
[[Page 32488]]
As shown in the table, for MS-DRG 129, there was a total of 2,080
cases with average length of stay of 5.2 days and average costs of
$18,091. Of these 2,080 cases, there were 3 cases reporting a TMJ
replacement with prosthesis procedure (code 0RRC0JZ or 0RRD0JZ) with an
average length of stay of 3 days and average costs of $33,581 and 592
cases reporting a mandible procedure with average length of stay of 6.9
days and average costs of $21,258. For MS-DRG 130, there was a total of
948 cases with average length of stay of 2.7 days and average costs of
$11,092. Of these 948 cases, there were 5 cases reporting a TMJ
replacement with prosthesis procedure (code 0RRC0JZ or 0RRD0JZ) with an
average length of stay of 3.4 days and average costs of $27,396 and 202
cases reporting a mandible procedure with average length of stay of 3.5
days and average costs of $14,712. For MS-DRG 131, there was a total of
1,181 cases with average length of stay of 5.4 days and average costs
of $18,875. Of these 1,181 cases there were 4 cases reporting a TMJ
replacement with prosthesis procedure (code 0RRC0JZ or 0RRD0JZ) with an
average length of stay of 7.3 days and average costs of $31,151. For
MS-DRG 132, there was a total of 464 cases with average length of stay
of 2.5 days and average costs of $11,558. Of these 464 cases, there
were 10 cases reporting a TMJ replacement with prosthesis procedure
(code 0RRC0JZ or 0RRD0JZ) with an average length of stay of 3.1 days
and average costs of $24,099.
The data analysis demonstrates that the average costs of cases
reporting procedure code 0RRC0JZ or 0RRD0JZ for the replacement of a
TMJ with prosthesis procedure in MS-DRGs 129, 130, 131, and 132 and the
cases reporting procedures performed on the mandible in MS-DRGs 129 and
130 have higher average costs compared to all the cases in their
assigned MS-DRGs. While the volume of the cases reporting procedure
code 0RRC0JZ or 0RRD0JZ was low with a total of 22 cases across MS-DRGs
129, 130, 131, and 132, similar to the analysis results for MS-DRGs 133
and 134 described earlier, the average costs for the cases are higher
($33,581 versus $18,091; $27,396 versus $11,092; $31,151 versus
$18,875; and $24,099 versus $11,558) affirming that replacement of a
TMJ with prosthesis procedures are more costly. The analysis also
demonstrates that the average length of stay for cases reporting
procedure code 0RRC0JZ or 0RRD0JZ across MS-DRGs 130, 131, and 132 is
longer (3.4 days versus 2.7 days; 7.3 days versus 5.4 days; and 3.1
days versus 2.5 days) compared to all the cases in their assigned MS-
DRGs. For MS-DRG 129, we found that the average length of stay was
shorter (3 days versus 5.2 days) for cases reporting procedure code
0RRC0JZ or 0RRD0JZ. The data demonstrated similar results for the cases
reporting procedures performed on the mandible in MS-DRGs 129 and 130,
where the average costs for the cases are higher ($21,258 versus
$18,091 and $14,712 versus $11,092, respectively) and the average
length of stay was longer (6.9 days versus 5.2 days and 3.5 days versus
2.7 days, respectively) compared to all the cases in their assigned MS-
DRG.
The analysis of MS-DRGs 129, 130, 131, and 132 further demonstrated
that the average length of stay and average costs for all cases were
almost identical for each of the subgroups. For example, MS-DRG 129 is
defined as ``with CC/MCC or major device'' and MS-DRG 131 is defined as
``with CC/MCC'' while MS-DRGs 130 and 132 are both defined as ``without
CC/MCC''. For all of the cases in MS-DRG 129, we found that the average
length of stay was 5.2 days with an average cost of $18,091, and for
all of the cases in MS-DRG 131, the average length of stay was 5.4 days
with an average cost of $18,875. Similarly, for all of the cases in MS-
DRG 130, we found that the average length of stay was 2.7 days with an
average cost of $11,092, and for MS-DRG 132, we found the average
length of stay was 2.5 days with an average cost of $11,558.
As a result of the data analysis performed for MS-DRGs 129, 130,
131, and 132, including the analysis of the procedures describing
replacement of a TMJ with prosthesis in MS-DRGs 133 and 134, as well as
considering the requestor's suggestion that we examine the
appropriateness of modifying the surgical hierarchy for MDC 03 by
sequencing MS-DRGs 131 and 132 above MS-DRGs 129 and 130 to enable more
appropriate payment for the performance of multiple facial procedures,
our clinical advisors recommended evaluating all the procedures
currently assigned to MS-DRGs 129, 130, 131, 132, 133, and 134 to
compare costs, complexity of service and clinical coherence to assess
any potential reassignment of these procedures. We refer the reader to
the ICD-10 MS-DRG Definitions Manual Version 37, which is available via
the internet on the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software, for complete documentation of the GROUPER
logic for MS-DRGs 129, 130, 131, 132, 133, and 134.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for cases reporting any of the procedure codes that
are currently assigned to MS-DRGs 129, 130, 131, 132, 133, or 134. We
refer the reader to Table 6P.2d associated with this proposed rule
(which is available via the internet on the CMS website at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index/ for the detailed analysis. We note that if a
procedure code that is currently assigned to MS-DRGs 129, 130, 131,
132, 133, or 134 is not displayed it is because there were no cases
found reporting that code in the assigned MS-DRG.
The data analysis shows that there is wide variation in the volume,
length of stay, and average costs of cases reporting procedures
currently assigned to MS-DRGs 129, 130, 131, 132, 133, and 134. There
were several instances in which only one case was found to report a
procedure code from MS-DRG 129, 130, 131, 132, 133, or 134, and the
average length of stay for these specific cases ranged from 1 day to 31
days. For example, in MS-DRG 131, we found one case reporting procedure
code 0NB70ZZ (Excision of occipital bone, open approach) with an
average length of stay of 31 days which we consider to be an outlier in
comparison to all the other cases reported in that MS-DRG with an
average length of stay of 5.4 days. Overall, the average costs of cases
in MS-DRGs 129 and 130 range from $4,970 to $38,217, the average costs
of cases in MS-DRGs 131 and 132 range from $4,022 to $69,558 and the
average costs of cases in MS-DRGs 133 and 134 range from $1,089 to
$87,569. As noted previously, the data demonstrate there appear to be
similar utilization of hospital resources specifically for cases
reported in MS-DRGs 129, 130, 131 and 132.
The highest volume of cases was reported in MS-DRGs 129 and 130 for
the procedure codes describing resection of the right and left neck
lymphatic. For MS-DRG 129, there was a total of 750 cases reporting
procedure code 07T10ZZ (Resection of right neck lymphatic, open
approach) with an average length of stay of 4.7 days and average costs
of $17,155 and there was a total of 679 cases reporting procedure code
07T20ZZ (Resection of left neck lymphatic, open approach) with an
average length of stay of 4.8 days and average costs of $17,857. For
MS-DRG 130, there was a total of 358 cases reporting procedure code
07T10ZZ with an average length of stay of 2.6 days and average costs of
$10,432 and there was
[[Page 32489]]
a total of 331 cases reporting procedure code 07T20ZZ with an average
length of stay of 2.5 days and average costs of $10,467. For MS-DRGs
131 and 132, the highest volume of cases was reported for the procedure
codes describing repositioning of the maxilla with internal fixation
and repositioning of the right and left mandible with internal
fixation. For MS-DRG 131, there was a total of 186 cases reporting
procedure code 0NSR04Z (Reposition maxilla with internal fixation
device, open approach) with an average length of stay of 5.1 days and
average costs of $20,500; a total of 114 cases reporting procedure code
0NST04Z (Reposition right mandible with internal fixation device, open
approach) with an average length of stay of 5.7 days and average costs
of $18,710, and a total of 219 cases reporting procedure code 0NSV04Z
(Reposition left mandible with internal fixation device, open approach)
with an average length of stay of 6.0 days and average costs of
$20,202. For MS-DRG 132, there was a total of 84 cases reporting
procedure code 0NSR04Z with an average length of stay of 2.1 days and
average costs of $12,991 and a total of 101 cases reporting procedure
code 0NSV04Z with an average length of stay of 2.8 days and average
costs of $11,386. For MS-DRGs 133 and 134, the highest volume of cases
was reported for the procedure codes describing excision of the facial
nerve or nasal turbinate. For MS-DRG 133, there was a total of 60 cases
reporting procedure code 09BL8ZZ (Excision of nasal turbinate, via
natural or artificial opening endoscopic) with an average length of
stay of 6.6 days and average costs of $21,253 and for MS-DRG 134, there
was a total of 50 cases reporting procedure code 00BM0ZZ (Excision of
facial nerve, open approach) with an average length of stay of 1.4 days
and average costs of $8,048.
Our clinical advisors reviewed the procedures currently assigned to
MS-DRGs 129, 130, 131, 132, 133, and 134 to identify the patient
attributes that currently define each of these procedures and to group
them with respect to complexity of service and resource intensity. For
example, procedures that we believe represent greater treatment
difficulty and reflect a class of patients who are similar clinically
with regard to consumption of hospital resources were grouped
separately from procedures that we believe to be less complex but still
reflect patients who are similar clinically with regard to consumption
of hospital resources. This approach differentiated the more complex
and invasive procedures, such as resection of cervical lymph nodes,
repositioning of facial bones, and excision of mandible procedures from
the less complex and less invasive procedures such as excisions
(biopsies) of lymph nodes and facial nerves, drainage procedures of the
upper respiratory system, and tonsillectomies.
After this comprehensive review of all the procedures currently
assigned to MS-DRGs 129, 130, 131, 132, 133, and 134, in combination
with the results of the data analysis discussed previously, our
clinical advisors support distinguishing the procedures currently
assigned to those MS-DRGs by clinical intensity, complexity of service
and resource utilization and also support restructuring of these MS-
DRGs accordingly. We note that during the analysis of the procedures
currently assigned to MS-DRGs 129 and 130, we recognized the special
logic defined as ``Major Device Implant'' for MS-DRG 129 that
identifies procedures describing the insertion of a cochlear implant or
other hearing device. Our clinical advisors supported the removal of
this special logic from the definition for assignment to any proposed
modifications to the MS-DRGs, noting the costs of the device have
stabilized over time and the procedures can be appropriately grouped
along with other procedures involving devices in any restructured
proposed MS-DRGs. We also identified 2 procedure codes currently
assigned to MS-DRGs 131 and 132, 00J00ZZ (Inspection of brain, open
approach) and 0WJ10ZZ (Inspection of cranial cavity, open approach),
that our clinical advisors agreed should not be included in any
proposed modifications to the MS-DRGs in MDC 03, stating that they are
appropriately assigned to MS-DRGs in MDC 01 (Diseases and Disorders of
the Nervous System). We further note that during our analysis of the
procedures currently assigned to MS-DRGs 133 and 134, we found 338
procedure codes that were inadvertently included as a result of
replication during our transition from the ICD-9 to ICD-10 based MS-
DRGs. We refer the reader to Table 6P.2c for a detailed list of these
procedure codes that describe procedures performed on various sites,
such as the esophagus, stomach, intestine, skin, and thumb that, our
clinical advisors agree should be removed from the definition for
assignment to any proposed modifications to the MS-DRGs under MDC 03.
As a result of our review, we are proposing the deletion of MS-DRGs
129, 130, 131, 132, 133, and 134, and the creation of six new MS-DRGs.
Currently, MS-DRGs 129, 131, and 133 are defined as base MS-DRGs, each
of which is split by a two-way severity level subgroup. Our proposal
includes the creation of two new base MS-DRGs with a three-way severity
level split. Our clinical advisors suggested that based on the analysis
of procedures currently assigned to MS-DRGs 129, 130, 131, 132, 133,
and 134 as described previously, only 2 base MS-DRGs were needed, each
divided into 3 levels according to the presence of a CC or MCC. The
proposed MS-DRGs were developed consistent with the analysis to
differentiate the more complex and invasive procedures from the less
complex and less invasive procedures. As noted previously, our analysis
of MS-DRGs 129, 130, 131, and 132 demonstrated that the average length
of stay and average costs for all cases were almost identical for each
of the severity level subgroups and therefore, the procedures assigned
to these MS-DRGs were initially reviewed together as one clinical group
and then evaluated further in comparison to the procedures currently
assigned to MS-DRGs 133 and 134. The objective was to better
differentiate procedures by treatment difficulty, clinical similarity,
and resource use, and to propose a more appropriate restructuring. For
example, based on this analysis, in some instances, we are proposing to
reassign procedures described by procedure codes that are currently
assigned to MS-DRGs 129 and 130 or MS-DRGs 131 and 132 to what is being
defined as the less complex MS-DRGs. We believe the resulting proposed
MS-DRG assignments are more clinically homogeneous, coherent and better
reflect hospital resource use.
We applied the criteria to create subgroups for the three-way
severity level split for the proposed new MS-DRGs and found that all
five criteria were met. For the proposed new MS-DRGs, there is at least
(1) 500 cases in the MCC group, the CC group and the NonCC group; (2) 5
percent of the cases in the MCC group, the CC group and the NonCC
group; (3) a 20 percent difference in average costs between the MCC
group, the CC group and the NonCC group; (4) a $2,000 difference in
average costs between the MCC group, the CC group and the NonCC group;
and (5) a 3-percent reduction in cost variance, indicating that the
proposed severity level splits increase the explanatory power of the
base MS-DRG in capturing differences in expected cost between the
proposed MS-DRG severity level splits by at least 3 percent and thus
improve the overall accuracy of the
[[Page 32490]]
IPPS payment system. The following table reflects our simulation for
the proposed new MS-DRGs with a three-way severity level split. Our
findings represent what we would expect under the proposed
modifications and proposed new MS-DRGs, based on claims data in the FY
2019 MedPAR file.
[GRAPHIC] [TIFF OMITTED] TP29MY20.019
We are proposing to create two new base MS-DRGs, 140 and 143, with
a three-way severity level split for proposed new MS-DRGs 140, 141, and
142 (Major Head and Neck Procedures with MCC, with CC, and without CC/
MCC, respectively) and proposed new MS-DRGs 143, 144, and 145 (Other
Ear, Nose, Mouth And Throat O.R. Procedures with MCC, with CC, and
without CC/MCC, respectively).
We refer the reader to Table 6P.2a and Table 6P.2b for the list of
procedure codes we are proposing for reassignment from MS-DRGs 129,
130, 131, 132, 133, and 134 to each of the proposed new MS-DRGs. As
noted, we are also proposing the removal of procedure codes 00J00ZZ and
0WJ10ZZ, and the 338 procedure codes listed in Table 6P.2c from the
logic for MDC 03.
We note that discussion of the surgical hierarchy for the proposed
modifications is discussed in section II.D.15. of this proposed rule.
5. MDC 5 (Diseases and Disorders of the Circulatory System)
a. Left Atrial Appendage Closure (LAAC)
In the FY 2016 IPPS/LTCH PPS final rule (80 FR 49363 through 49367)
we finalized our proposal to create two new MS-DRGs to classify
percutaneous intracardiac procedures. Specifically, we created MS-DRGs
273 and 274 (Percutaneous Intracardiac Procedures with and without MCC,
respectfully) for cases reporting procedure codes describing cardiac
ablation and other percutaneous intracardiac procedures. In that
discussion, as FY 2016 was the first year of our transition from the
ICD-9 based MS-DRGs to the ICD-10 based MS-DRGs, we provided a list of
the ICD-9-CM procedure codes that identify and describe the cardiac
ablation procedures and other percutaneous intracardiac procedures that
were the subject of that MS-DRG classification change request, one of
which was ICD-9-CM procedure code 37.90 (Insertion of left atrial
appendage device).
Separately, we also discussed a request we received for new
technology add-on payments for the WATCHMANTM Left Atrial
Appendage Closure (LAAC) device (80 FR 49480 through 49488). In that
discussion, we noted that effective October 1, 2004 (FY 2005), ICD-9-CM
procedure code 37.90 (Insertion of left atrial appendage device) was
created to identify and describe procedures using the
WATCHMANTM Left Atrial Appendage (LAA) Closure Technology
and that under ICD-10-PCS, procedure code 02L73DK (Occlusion of left
atrial appendage with intraluminal device, percutaneous approach) is
the comparable translation. We also noted that at the time of the new
technology request, under the ICD-9 based MS-DRGs, procedure code 37.90
was assigned to MS-DRGs 250 and 251 (Percutaneous Cardiovascular
Procedures without Coronary Artery Stent with MCC and without MCC,
respectively). We further noted that, as stated previously, we
finalized our proposal to assign procedures performed within the heart
chambers using intracardiac techniques, including those identified by
ICD-9-CM procedure code 37.90, and its comparable ICD-10-PCS code
translations (that specifically identify a percutaneous or percutaneous
endoscopic approach), including 02L73DK, to new MS-DRGs 273 and 274.
For this FY 2021 IPPS/LTCH PPS proposed rule, we received two
separate, but related requests involving the procedure codes that
describe the technology that is utilized in the performance of LAAC
procedures. The first request was to reassign ICD-10-PCS procedure code
02L73DK (Occlusion of left atrial appendage with intraluminal device,
percutaneous approach) that identifies the WATCHMANTM Left
Atrial Appendage Closure (LAAC) device, from MS-DRG 274 (Percutaneous
Intracardiac Procedures without MCC) to MS-DRG 273 (Percutaneous
Intracardiac Procedures with MCC) and revise the title for MS-DRG 273
to ``Percutaneous Intracardiac Procedures with MCC or Major Device
Implant for Left Atrial Appendage Closure Procedures''. Cases involving
LAAC procedures with a percutaneous or percutaneous endoscopic
approach, including cases reporting ICD-10-PCS procedure code 02L73DK,
are currently assigned to MS-DRGs 273 and 274.
According to the requestor's analysis, the average cost for LAAC
procedures reporting ICD-10-PCS procedure code 02L73DK is $3,405 higher
than the average cost for all cases in MS-DRG 274. The requestor stated
that based on its analysis, this requested reassignment would have
minimal impact on MS-DRGs 273 and 274 and would ensure adequate
payments and better resource
[[Page 32491]]
coherency. The requestor stated that cases reporting procedure codes
describing a LAAC procedure with procedure code 02L73DK within MS-DRG
274 are more clinically similar and costs are more closely aligned to
cases within MS-DRG 273.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for MS-DRGs 273 and 274 to identify cases reporting
ICD-10-PCS procedure code 02L73DK. Our findings are shown in the
following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.020
In MS-DRG 273, we found a total of 7,048 cases with an average
length of stay of 6.1 days and average costs of $28,100. Of those 7,048
cases, there were 1,126 cases reporting ICD-10-PCS procedure code
02L73DK, with an average length of stay of 2.7 days and average costs
of $29,504. In MS-DRG 274, we found a total of 24,319 cases with an
average length of stay of 2.0 days and average costs of $24,048. Of
those 24,319 cases, there were 13,423 cases reporting ICD-10-PCS
procedure code 02L73DK, with an average length of stay of 1.2 days and
average costs of $25,846.
The data analysis demonstrates that the average costs of the cases
reporting procedure code 02L73DK in MS-DRG 274 are slightly higher than
the average costs of all the cases in MS-DRG 274 ($25,846 versus
$24,048), with a difference of approximately $1,798, however, the
average length of stay for cases reporting procedure code 02L73DK in
MS-DRG 274 is shorter compared to all the cases in MS-DRG 274 (1.2 days
versus 2 days). If we were to reassign cases reporting procedure code
02L73DK from MS-DRG 274 to MS-DRG 273, we would be assigning cases with
an average length of stay of 1.2 days to a MS-DRG with an average
length of stay of 6.1 days, which our clinical advisors did not
support. The average costs of the cases reporting procedure code
02L73DK in MS-DRG 274 ($25,846) compared to the average costs of all
the cases in MS-DRG 273 ($28,100) show a difference of $2,254. Our
clinical advisors did not support reassigning the 13,423 cases
reporting procedure code 02L73DK without an MCC from MS-DRG 274 to MS-
DRG 273, which includes cases reporting a MCC, noting that it would
impact the average costs for all cases in this MS-DRG. Lastly, our
clinical advisors expressed concern regarding making proposed MS-DRG
changes based on a specific, single technology (WATCHMANTM
Left Atrial Appendage Closure (LAAC) device), identified by only one
unique procedure code versus considering proposed changes based on a
group of related procedure codes that can be reported to describe that
same type or class of technology, which is more consistent with the
intent of the MS-DRGs. Therefore, for these reasons, we are not
proposing to reassign cases reporting ICD-10-PCS procedure code 02L73DK
(Occlusion of left atrial appendage with intraluminal device,
percutaneous approach) from MS-DRG 274 to MS-DRG 273.
The second request was to create a new MS-DRG specific to all left
atrial appendage closure (LAAC) procedures or to map all LAAC
procedures to a different cardiovascular MS-DRG that has payment rates
aligned with procedural costs. The requestor stated that by creating a
new MS-DRG specific to all LAAC procedures or mapping all LAAC
procedures to a different cardiovascular MS-DRG, the MS-DRG would more
appropriately recognize the clinical characteristics and cost
differences in LAAC cases.
The 9 ICD-10-PCS procedure codes that describe LAAC procedures and
their corresponding MS-DRG assignment are listed in the following
table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.021
Currently, the MS-DRG assignments for these procedure codes are
based on the surgical approach: open approach, percutaneous approach,
or percutaneous endoscopic approach. Procedures describing an open
approach are assigned to MS-DRGs 250 and 251 (Percutaneous
Cardiovascular Procedures without Coronary Artery Stent with and
without MCC, respectively); while procedures describing a percutaneous
or percutaneous endoscopic approach are assigned to MS-DRGs 273 and 274
(Percutaneous Intracardiac Procedures
[[Page 32492]]
with and without MCC, respectfully). Of the nine listed ICD-10-PCS
procedure codes, three (02L70CK, 02L70DK, and 02l70ZK) describe an open
approach and are currently assigned to MS-DRG 250 and 251, and six
(02L73CK, 02L73DK, 02L73ZK, 02L74CK, 02L74DK, 02L74ZK) describe a
percutaneous or percutaneous endoscopic approach and are currently
assigned to MS-DRG 273 and 274.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for cases reporting LAAC procedures with an open
approach in MS-DRGs 250 and 251. Our findings are shown in the
following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.022
In MS-DRG 250, we found a total of 4,192 cases with an average
length of stay of 5.0 days and average costs of $18,807. Of those 4,192
cases, there were 21 cases reporting a LAAC procedure with an open
approach, with an average length of stay of 7.0 days and average costs
of $44,012. In MS-DRG 251, we found a total of 4,941 cases with an
average length of stay of 2.6 days and average costs of $12,535. Of
those 4,941 cases, there were 74 cases reporting a LAAC procedure with
an open approach, with an average length of stay of 3.4 days and
average costs of $22,711. The analysis shows that the cases reporting a
LAAC procedure with an open approach in MS-DRGs 250 and 251 have higher
average costs compared to all cases in MS-DRGs 250 and 251 ($44,012
versus $18,807 and $22,711 versus $12,535, respectively). The analysis
also shows that the average length of stay for cases reporting a LAAC
procedure with an open approach in MS-DRGs 250 and 251 is longer
compared to all cases in MS-DRGs 250 and 251 (7.0 days versus 5.0 days
and 3.4 days versus 2.6 days, respectively). Overall, there were a
total of 95 (21+74) cases reporting a LAAC procedure with an open
approach in MS-DRGs 250 and 251 with an average length of stay of 4.2
days and average costs of $27,420. Based on the results of the claims
data described previously, we conducted further analysis for the 95
cases reporting a LAAC procedure with an open approach in MS-DRGs 250
and 251 to determine if there were additional factors that may be
contributing to the higher average costs and longer length of stay. Of
those 95 cases, we found a total of 20 cases in which there was another
O.R. procedure reported on the claim that is also currently assigned to
MS-DRGs 250 and MS-DRG 251 and believed to be influencing the average
costs and average length of stay, as shown in the following tables.
[[Page 32493]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.023
As shown in the table, for MS-DRG 250, there were a total of 8
cases reporting another O.R. procedure with a LAAC procedure with an
open approach with an average length of stay of 8.9 days and average
costs of $63,653. The data shows that the average length of stay for
these 8 cases range from 4.0 days to 15.0 days and the average costs
range from $20,650 to $235,720.
Overall, the data demonstrates that the 8 cases reporting another
O.R. procedure with a LAAC procedure with an open approach in MS-DRG
250 have a longer length of stay (8.9 days versus 7 days) and higher
average costs ($63,653 versus $44,012) compared to all 21 cases
reporting a LAAC procedure with an open approach in MS-DRG 250.
[[Page 32494]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.024
As shown in the table, for MS-DRG 251, there were a total of 12
cases reporting another O.R. procedure with a LAAC procedure with an
open approach with an average length of stay of 6.5 days and average
costs of $31,560. The data shows that the average length of stay for
these 12 cases range from 1.0 day to 18.0 days and the average costs
range from $11,052 to $89,682.
Overall, the data demonstrates that the 12 cases reporting another
O.R. procedure with a LAAC procedure with an open approach in MS-DRG
251 have a longer average length of stay (6.5 days versus 3.4 days) and
higher average costs ($31,560 versus $22,711) compared to all 74 cases
reporting a LAAC procedure with an open approach in MS-DRG 251. The
results of our claims analysis for the 20 cases reporting a LAAC
procedure with an open approach and another O.R. procedure in MS-DRGs
250 and 251 indicate that the longer average length of stay and higher
average costs of the 95 cases reporting a LAAC procedure with an open
approach in MS-DRGs 250 and 251 may be attributed to the resource
consumption of the additional O.R. procedures reported in the subset of
20 cases. The claims analysis also shows that the majority of the cases
reporting a LAAC procedure with an open approach in MS-DRGs 250 and 251
(75 cases out of 95 cases) were without another O.R. procedure.
As noted in the discussion previously, with respect to the first
LAAC MS-DRG request, our analysis of MS-DRG 273 found a total of 7,048
cases with an average length of stay of 6.1 days and average costs of
$28,100 and our analysis of MS-DRG 274 found a total of 24,319 cases
with an average length of stay of 2.0 days and average costs of
$24,048. The average costs and average length of stay for cases
reporting a LAAC procedure with an open approach in MS-DRGs 250 and 251
($44,012 and $22,711, respectively) and (7.0 days and 3.4 days,
respectively) appear to be generally more aligned with the average
costs and average length of stay for all cases in MS-DRGs 273 and 274
($28,100 and $24,048, respectively) and (6.1 days and 2.0 days,
respectively) as compared to all cases in MS-DRGs 250 and 251 with
average costs of $18,807 and $12,535, respectively and an average
length of stay of 5.0 days and 2.6 days, respectively. In addition, as
also noted previously, the second LAAC MS-DRG request was to create a
new MS-DRG specific to all left atrial appendage closure (LAAC)
procedures or to map all LAAC procedures to a different cardiovascular
MS-DRG that has payment rates aligned with procedural costs. Our
clinical advisors suggested that because our review of the cases
reporting a LAAC procedure with an open approach in MS-DRGs 250 and 251
demonstrated that these procedures are primarily performed in the
absence of another O.R. procedure and generally are not performed with
a more intensive open chest procedure, that we should
[[Page 32495]]
evaluate cases reporting LAAC procedures with the other approaches in
their assigned MS-DRGs.
We then examined claims data from the September 2019 update of the
FY 2019 MedPAR file for cases reporting LAAC procedures with a
percutaneous or percutaneous endoscopic approach in MS-DRGs 273 and
274. Our findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.025
In MS-DRG 273, we found a total of 7,048 cases with an average
length of stay of 6.1 days and average costs of $28,100. Of those 7,048
cases, there were 1,180 cases reporting a LAAC procedure with a
percutaneous or percutaneous endoscopic approach, with an average
length of stay of 2.9 days and average costs of $29,591. In MS-DRG 274,
we found a total of 24,319 cases with an average length of stay of 2.0
days and average costs of $24,048. Of those 24,319 cases, there were
13,774 cases reporting a LAAC procedure with a percutaneous or
percutaneous endoscopic approach, with an average length of stay of 1.2
days and average costs of $25,765.
The analysis shows that the cases reporting a LAAC procedure with a
percutaneous or percutaneous endoscopic approach in MS-DRGs 273 and 274
have very similar average costs compared to all the cases in MS-DRGs
273 and 274 ($29,591 versus $28,100 and $25,765 versus $24,048,
respectively). The analysis also shows that the average length of stay
for cases reporting a LAAC procedure with a percutaneous or
percutaneous endoscopic approach in MS-DRGs 273 and 274 is shorter
compared to all cases in MS-DRGs 273 and 274 (2.9 days versus 6.1 days
and 1.2 days versus 2.0 days, respectively). Overall, there were a
total of 14,954 (1,180 + 13,774) cases reporting a LAAC procedure with
a percutaneous or percutaneous endoscopic approach in MS-DRGs 273 and
274 with an average length of stay of 1.3 days and average costs of
$26,067.
Our clinical advisors did not support creating a new MS-DRG for all
LAAC procedures for FY 2021. Rather, our clinical advisors believe that
ICD-10-PCS codes 02L70CK, 02L70DK, and 02L70ZK that describe a LAAC
procedure with an open approach are more suitably grouped to MS-DRGs
273 and 274. They stated this reassignment would allow all LAAC
procedures to be grouped together under the same MS-DRGs and would
improve clinical coherence. We note that all the procedure codes
describing LAAC procedures are designated as non-O.R. procedures that
affect the MS-DRG to which they are assigned. Therefore, we are
proposing to reassign ICD-10-PCS codes 02L70CK, 02L70DK, and 02L70ZK
from MS-DRGs 250 and 251 (Percutaneous Cardiovascular Procedures
without Coronary Artery Stent with and without MCC, respectively) to
MS-DRGs 273 and 274 (Percutaneous Intracardiac Procedures with and
without MCC, respectively).
b. Endovascular Cardiac Valve Replacement and Supplement Procedures
We received a request to revise MS-DRGs 266 and 267 (Endovascular
Cardiac Valve Replacement and Supplement Procedures with and without
MCC, respectively) by removing the current two-way severity level split
and creating a base MS-DRG without any severity level splits. According
to the requestor, patients treated with an endovascular cardiac valve
replacement procedure have severe heart failure due to a valvular
disorder, which may be documented as either an exacerbation of heart
failure or as chronic severe heart failure.
The requestor noted that in the cases reporting an endovascular
cardiac valve replacement procedure, a secondary diagnosis code
describing the specific type of heart failure may be the only MCC
reported on the claim and in instances where the heart failure
diagnosis code is reported as the principal diagnosis on a claim, it is
disregarded from acting as a MCC. In both scenarios, the requestor
reported that the heart failure is treated with the endovascular
cardiac valve replacement procedure, fluid balance, and medication.
The requestor also stated that providers are challenged in reaching
a consensus regarding this subset of patients' symptoms that may be
helpful in establishing a diagnosis for exacerbation of heart failure
versus chronic severe heart failure and stated that a single, base MS-
DRG would assist in the calculation of costs and charges more reliably,
regardless of the diagnosis reported in combination with the
endovascular cardiac valve replacement procedure.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for MS-DRGs 266 and 267. Our findings are shown in the
following table.
[[Page 32496]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.026
As shown in the table, there was a total of 19,012 cases with an
average length of stay of 5.3 days and average costs of $50,879 in MS-
DRG 266. For MS-DRG 267, there was a total of 27,084 cases with an
average length of stay of 2.1 days and average costs of $40,471. To
evaluate the request to create a single MS-DRG for cases reporting
endovascular cardiac valve procedures, we conducted an analysis of base
MS-DRG 266. This analysis includes 2 years of MedPAR claims data to
compare the data results from 1 year to the next to avoid making
determinations about whether additional severity levels are warranted
based on an isolated year's data fluctuation and also, to validate that
the established severity levels within a base MS-DRG are supported.
Therefore, we reviewed the claims data for base MS-DRG 266 using the
September 2018 update of the FY 2018 MedPAR file and the September 2019
update of the FY 2019 MedPAR file, which were used in our analysis of
claims data for MS-DRG reclassification requests for FY 2020 and FY
2021. Our findings are shown in the table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.027
As shown in the table, the data reflect that the criteria for a
two-way split (``with MCC'' and ``without MCC'') are satisfied using
both the data from the September 2018 update of the FY 2018 MedPAR file
and the data from the September 2019 update of the FY 2019 MedPAR file:
(1) At least 500 cases are in the MCC group and in the without MCC
subgroup; (2) at least 5 percent of the cases in the MS-DRG are in the
MCC group and in the without MCC subgroup; (3) at least a 20 percent
difference in average costs between the MCC group and the without MCC
group; (4) at least a $2,000 difference in average costs between the
MCC group and the without MCC group; and (5) at least a 3-percent
reduction in cost variance, indicating that the current severity level
splits increase the explanatory power of the base MS-DRG in capturing
differences in expected cost between the current MS-DRG severity level
splits by at least 3 percent and thus improve the overall accuracy of
the IPPS payment system. Our clinical advisors also did not agree with
the requestor's assertion that a single, base MS-DRG would assist in
calculating costs more reliably. As shown in the claims data and stated
previously, the criteria are satisfied for the current two-way split.
We further note that the basis for the MS-DRGs is to better recognize
severity and complexity of services, which is accomplished through the
CC subgroups.
Based on the results of our analysis, for FY 2021, we are proposing
to maintain the current structure of MS-DRGs 266 and 267 with a two-way
severity level split and not create a single, base MS-DRG.
c. Insertion of Cardiac Contractility Modulation Device
We received a request to review the MS-DRG assignment for cases
that identify patients who receive a cardiac contractility modulation
(CCM) device system for congestive heart failure. CCM is indicated for
patients with moderate to severe heart failure resulting from either
ischemic or non-ischemic cardiomyopathy. CCM utilizes electrical
signals which are intended to enhance the strength of the heart and
overall cardiac performance. CCM delivery device systems consist of a
programmable implantable pulse generator (IPG) and three leads which
are implanted in the heart. One lead is implanted into the right atrium
and the other two leads are inserted into the right ventricle. The lead
in the right atrium detects atrial electric signals and transmits them
to the IPG. The IPG, which is usually implanted into the subcutaneous
pocket of the pectoral region and secured to the fascia with a non-
absorbable suture, processes the atrial signal and generates the CCM
signals which are transmitted to the right ventricle via the two
ventricular leads. According to the requestor, MS-DRGs 222, 223, 224,
225, 226, and 227 (Cardiac Defibrillator Implant with and without
Cardiac Catheterization with and without AMI/HF/Shock with and without
MCC, respectively) include code combinations or ``code pairs''
describing the insertion of contractility modulation devices. Currently
however, the MS-DRG GROUPER logic requires the combination of the CCM
device codes and a left ventricular lead to map to MS-DRGs 222, 223,
224, 225, 226 and 227. The requestor stated the CCM device is
contraindicated in patients with a left ventricular lead. Therefore,
using the current V37 MS-DRG GROUPER logic, no case involving insertion
of the CCM system can be appropriately mapped to MS-DRGs 222, 223, 224,
225, 226 and 227. Instead, the cases map to MS-DRG 245 (AICD Generator
Procedures). According to the requestor, to date, the procedure has
been performed on an outpatient basis, but it is expected that some
Medicare patients will receive CCM devices on an inpatient basis. The
requestor asked that CMS revise the MS-DRG GROUPER logic to group cases
reporting the use of the CCM device appropriately.
The ICD-10-PCS procedure code pairs currently assigned to MS-DRGs
[[Page 32497]]
222, 223, 224, 225, 226 and 227 that identify the insertion of
contractility modulation devices are shown in the following table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.028
Based on our analysis of cases reporting ICD-10-PCS procedure codes
for CCM device systems, we agree with the requestor that a procedure
code pair for the insertion of a CCM device and right ventricular and/
or right atrial lead does not exist in the logic for MS-DRGs 222, 223,
224, 225, 226 and 227. Our analysis indicates that the ICD-10-PCS
procedure code combinations for right ventricular and/or right atrial
lead insertion with insertion of contractility modulation devices were
inadvertently excluded from MS-DRGs 222, 223, 224, 225, 226 and 227 as
a result of replicating the ICD-9 based MS-DRGs.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for MS-DRG 245 and identified the subset of cases
within MS-DRG 245 reporting procedure codes for the insertion of a
rechargeable CCM device and the insertion of right ventricular and/or
right atrium lead. We found zero cases in MS-DRG 245 reporting a
procedure code combination that identifies the insertion of
contractility modulation device and the insertion of a cardiac lead
into the right ventricle and/or right atrium lead.
Our clinical advisors agree that insertion of a rechargeable CCM
system always involves placement of a right-sided lead, and that the
code combinations that currently exist in the MS-DRG GROUPER logic are
considered clinically invalid. We again examined claims data from the
September 2019 update of the FY 2019 MedPAR file for MS-DRGs 222, 223,
224, 225, 226 and 227 for this subset of cases to determine if there
were any cases that reported one of the 12 clinically invalid code
combinations that exist in the GROUPER logic. Because the combinations
of codes that describe the insertion of a rechargeable CCM device and
the insertion of left ventricular lead are considered clinically
invalid procedures, we would not expect these code combinations to be
reported in any claims data. We found zero cases across MS-DRGs 222,
223, 224, 225, 226 and 227 reporting the clinically invalid procedure
combination that identifies the insertion of contractility modulation
device and the insertion of a cardiac lead into the left ventricle.
While our analysis did not identify any cases reporting a procedure
code combination for the insertion of contractility modulation device
and the
[[Page 32498]]
insertion of a cardiac lead into right ventricle or right atrium,
recognizing that it is expected that some Medicare patients will
receive CCM devices on an inpatient basis, we are proposing to add the
following 24 ICD-10-PCS code combinations to MS-DRGs 222, 223, 224,
225, 226 and 227. We are also proposing to delete the 12 clinically
invalid code combinations from the GROUPER logic of MS-DRGs 222, 223,
224, 225, 226 and 227 that describe the insertion of contractility
modulation device and the insertion of a cardiac lead into the left
ventricle.
BILLING CODE 4120-01-P
[[Page 32499]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.029
[[Page 32500]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.030
BILLING CODE 4120-01-C
6. MDC 6 (Diseases and Disorders of the Digestive System): Acute
Appendicitis
We received a request to add ICD-10-CM diagnosis code K35.20 (Acute
appendicitis with generalized peritonitis, without abscess) to the list
of complicated principal diagnoses that group to MS-DRGs 338, 339 and
340 (Appendectomy with Complicated Principal Diagnosis with MCC, with
CC, and without CC/MCC, respectively) so that all ruptured/perforated
appendicitis codes in MDC 06 (Diseases and Disorders of the Digestive
System) group to MS-DRGs 338, 339, and 340. ICD-10-CM diagnosis code
K35.20 currently groups to MS-DRGs 341, 342, and 343 (Appendectomy
without Complicated Principal Diagnosis with MCC, with CC, and without
CC/MCC, respectively). Under current coding conventions, the following
inclusion term for subcategory
[[Page 32501]]
K35.2 (Acute appendicitis with generalized peritonitis) is:
Appendicitis (acute) with generalized (diffuse) peritonitis following
rupture or perforation of the appendix. The requestor also noted that
diagnosis code K35.32 (Acute appendicitis with perforation and
localized peritonitis, without abscess) currently groups to MS-DRGs
338, 339, and 340, however, diagnosis code K35.20 which describes a
generalized, more extensive form of peritonitis does not. The requestor
stated that ICD-10-CM diagnosis code K35.20 is the only ruptured
appendicitis code not included in the list of complicated principal
diagnosis codes for MS-DRGs 338, 339 and 340 and stated that it is
clinically appropriate for all ruptured/perforated appendicitis
diagnosis codes to group to MS-DRGs 338, 339 and 340.
We analyzed claims data from the September 2019 update of the FY
2019 MedPAR file for cases in MS-DRGs 341, 342, and 343 and claims
reporting ICD-10-CM diagnosis code K35.20 as a principal diagnosis. Our
findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.031
As shown in the table, we found a total of 718 cases with an
average length of stay of 5.9 days and average costs of $17,270 in MS-
DRG 341. Of those 718 cases, there were 62 cases reporting a principal
diagnosis code of K35.20 with an average length of stay of 7.8 days,
and average costs of $20,244. We found a total of 2,184 cases with an
average length of stay of 3.4 days and average costs of $10,611 in MS-
DRG 342. Of those 2,184 cases there were 183 cases reporting a
principal diagnosis code of K35.20 with an average length of stay of
4.2 days, and average costs of $10,952. We found a total of 2,329 cases
with an average length of stay of 2.0 days and average costs of $8,298
in MS-DRG 343. Of those 2,329 cases, there were 137 cases reporting a
principal diagnosis code of K35.20 with an average length of stay of
2.6 days, and average costs of $8,088.
We also analyzed claims data from the September 2019 update of the
FY 2019 MedPAR file for MS-DRGs 338, 339, and 340. Our findings are
shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.032
As shown in the table, we found a total of 685 cases with an
average length of stay of 8.1 days and average costs of $20,930 in MS-
DRG 338. We found a total of 2,245 cases with an average length of stay
of 5.0 days and average costs of $12,705 in MS-DRG 339. We found a
total of 1,840 cases, average length of stay 2.9 days, and average
costs of $9,101 in MS-DRG 340.
Our clinical advisors agreed that the presence of an abscess would
clinically determine whether a diagnosis of acute appendicitis would be
considered a complicated principal diagnosis. As diagnosis code K35.20
is described as ``without'' an abscess, our clinical advisors
recommended that it not be added to the list of principal diagnoses for
MS-DRGS 338, 339, and 340 (Appendectomy with Complicated Principal
Diagnosis with MCC, with CC, and without CC/MCC, respectively). We
believe that while the average costs for cases reporting diagnosis code
K35.20 are similar to the cases in MS-DRGs 338, 339, and 340, diagnosis
codes describing acute appendicitis that do not indicate the presence
of an abscess should remain in MS-DRGs 341, 342, and 343 (Appendectomy
without Complicated Principal Diagnosis with MCC, with CC, and without
CC/MCC, respectively) for clinical consistency. Therefore, we are not
proposing to reassign diagnosis code K35.20 from MS-DRGs 341, 342, and
343 to MS-DRGs 338, 339, and 340.
As noted previously, the requestor pointed out that diagnosis
K35.32 (Acute appendicitis with perforation and localized peritonitis,
without abscess) currently groups to MS-DRGs 338, 339, and 340
(Appendectomy with Complicated Principal Diagnosis with MCC, with CC,
and without CC/MCC, respectively). Therefore, we identified all the
diagnosis codes describing acute appendicitis within the ICD-10-CM
classification under subcategory K35.2 (Acute appendicitis with
generalized peritonitis) and subcategory K35.3 (Acute appendicitis with
localized
[[Page 32502]]
peritonitis) and reviewed their respective MS-DRG assignments for
clinical coherence. The diagnosis codes in these subcategories are
shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.033
We analyzed claims data from the September 2019 update of the FY
2019 MedPAR file for cases reporting any one of the ICD-10-CM diagnosis
codes as previously listed as a principal diagnosis in MS-DRGs 338,
339, 340, 341, 342, and 343. Our findings are shown in the following
table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.034
As shown in the table, the diagnosis codes describing ``with
abscess'' (K35.21 and K35.33) are currently assigned to MS-DRGs 338,
339, and 340. In addition, the diagnosis codes describing ``without
abscess'' (K35.20, K35.30, and K35.31) are currently assigned to MS-
DRGs 341, 342, and 343. Our clinical advisors believe that cases
reporting ICD-10-CM diagnosis codes describing ``with abscess'' are
associated with higher severity of illness and resource consumption
because of extended lengths of stay and treatment with intravenous
antibiotics. Therefore, our clinical advisors determined that diagnosis
code K35.32 should also be assigned to MS-DRGs 341, 342, and 343 for
clinical consistency.
Accordingly, we are proposing to reassign diagnosis code K35.32 to
MS-DRGs 341, 342, and 343 (Appendectomy without Complicated Principal
[[Page 32503]]
Diagnosis with MCC, with CC, and without CC/MCC, respectively).
The ICD-10 MS-DRG Version 37 Definitions Manual currently lists the
following ICD-10-CM diagnosis codes as Complicated Principal Diagnoses
in MS-DRGs 338, 339, 340, 341, 342, and 343: C18.1 (Malignant neoplasm
of appendix); C7A.020 (Malignant carcinoid tumor of the appendix);
K35.21 (Acute appendicitis with generalized peritonitis, with abscess);
K35.32 (Acute appendicitis with perforation and localized peritonitis,
without abscess) and K35.33 (Acute appendicitis with perforation and
localized peritonitis, with abscess). For the same reasons discussed
previously, we are proposing to remove diagnosis code K35.32 from the
complicated principal diagnosis list to be clinically consistent.
Therefore, for the reasons discussed, we are proposing to (1)
maintain the current assignment of diagnosis code K35.20 (Acute
appendicitis with generalized peritonitis, without abscess) in MS-DRGs
341, 342, and 343 (Appendectomy without Complicated Principal Diagnosis
with MCC, with CC, and without CC/MCC, respectively); (2) reassign
diagnosis code K35.32 from MS-DRGs 338, 339, and 340 to MS-DRGs 341,
342, and 343; and (3) remove diagnosis code K35.32 from the complicated
principal diagnosis list in MS-DRGs 338, 339, and 340 as listed in the
ICD-10 MS-DRG Version 37 Definitions Manual.
7. MDC 8 (Diseases and Disorders of the Musculoskeletal System and
Connective Tissue)
a. Cervical Radiculopathy
We received a request to reassign ICD-10-CM diagnosis codes M54.11
(Radiculopathy, occipito-atlanto-axial region), M54.12, (Radiculopathy,
cervical region) and M54.13 (Radiculopathy, cervicothoracic region)
from MDC 01 (Diseases and Disorders of the Nervous System) to MDC 08
(Diseases and Disorders of the Musculoskeletal System and Connective
Tissue). The requestor stated that when one of these diagnosis codes
describing radiculopathy in the cervical/cervicothoracic area of the
spine is reported as a principal diagnosis in combination with a
cervical spinal fusion procedure code, the case currently groups to MDC
01 in MS-DRG 028 (Spinal Procedures with MCC), MS-DRG 029 (Spinal
Procedures with CC or Spinal Neurostimulators), and MS-DRG 030 (Spinal
Procedures without CC/MCC). The requestor acknowledged that
radiculopathy results from nerve impingement, however, the requestor
noted it typically also results from a musculoskeletal spinal disorder
such as spondylosis or stenosis. According to the requestor, the
underlying musculoskeletal cause should be reported as the principal
diagnosis if documented. The requestor stated that when the medical
record documentation to support a musculoskeletal cause is not
available, cases reporting a cervical spinal fusion procedure with a
principal diagnosis of cervical radiculopathy would be more consistent
with other cervical spinal fusion procedures if they grouped to MDC 08
in MS-DRGs 471, 472, and 473 (Cervical Spinal Fusion with MCC, with CC,
and without CC/MCC, respectively). The requestor stated that the
following diagnosis codes describing radiculopathy of the thoracic and
lumbar areas of the spine are currently assigned to MDC 08 and
therefore, group appropriately to the spinal fusion MS-DRGs in MDC 08.
[GRAPHIC] [TIFF OMITTED] TP29MY20.035
The requestor is correct that when diagnosis codes M54.11, M54.12
or M54.13 are reported as a principal diagnosis in combination with a
cervical spinal fusion procedure, the case currently groups to MDC 01
in MS-DRG 028, MS-DRG 029, and MS-DRG 030. This grouping occurs because
the diagnosis codes describing radiculopathy in the cervical/
cervicothoracic area of the spine are assigned to MDC 01 and the
procedure codes describing a cervical spinal fusion procedure are
assigned to MDC 01 in MS-DRGs 028, 029 and 030. The requestor is also
correct that diagnosis codes describing radiculopathy of the thoracic
and lumbar areas of the spine (M54.14, M54.15, M54.16 and M54.17) are
currently assigned to MDC 08 and therefore, group to the spinal fusion
MS-DRGs in MDC 08 consistent with the GROUPER logic definitions. The
MS-DRGs that involve spinal fusion procedures of the cervical or lumbar
regions that are currently assigned in MDC 01 and MDC 08 are listed in
the following table.
[[Page 32504]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.036
We refer the reader to the ICD-10 MS-DRG Version 37 Definitions
Manual (which is available via the internet on the CMS website at:
https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software for complete
documentation of the GROUPER logic for the listed MS-DRGs.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for all cases in MS-DRGs 028, 029, and 030 and for
cases reporting any one of the diagnosis codes describing radiculopathy
of the cervical/cervicothoracic area of the spine (M54.11, M54.12, or
M54.13) in combination with a cervical spinal fusion procedure. We
refer the reader to Table 6P.1b associated with this proposed rule
(which is available via the internet on the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index/ for the list of procedure codes describing a
cervical spinal fusion procedure. Our findings are shown in the
following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.037
As shown in the table, there were a total of 2,105 cases with an
average length of stay of 11.9 days and average costs of $40,866 in MS-
DRG 028. Of those 2,105 cases, there were 22 cases reporting a
principal diagnosis of cervical radiculopathy with a cervical spinal
fusion procedure with an average length of stay of 8.2 days and average
costs of $44,980. For MS-DRG 029, there were a total of 3,574 cases
with an average length of stay of 6 days and average costs of $24,026.
Of those 3,574 cases, there were 176 cases reporting a principal
diagnosis of cervical
[[Page 32505]]
radiculopathy with a cervical spinal fusion procedure with an average
length of stay of 2.6 days and average costs of $24,852. For MS-DRG
030, there were a total of 1,338 cases with an average length of stay
of 3.1 days and average costs of $17,393. Of those 1,338 cases, there
were 166 cases reporting a principal diagnosis of cervical
radiculopathy with a cervical spinal fusion procedure with an average
length of stay of 1.7 days and average costs of $23,003.
We also reviewed the claims data for MS-DRGs 471, 472, and 473. Our
findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.038
As shown in the table, there were a total of 3,327 cases with an
average length of stay of 9 days and average costs of $36,941 in MS-DRG
471. There were a total of 15,298 cases with an average length of stay
of 3.3 days and average costs of $22,539 in MS-DRG 472. There were a
total of 11,144 cases with an average length of stay of 2 days and
average costs of $18,748 in MS-DRG 473.
Based on the claims data, the average costs of the cases reporting
a principal diagnosis of cervical radiculopathy with a cervical spinal
fusion procedure are consistent with the average costs of all the cases
in MS-DRGs 028, 029, and 030 in MDC 01. We also note that the average
costs of all the cases in MS-DRGs 028, 029, and 030 in MDC 01 are also
comparable to the average costs of all the cases in MS-DRGs 471, 472,
and 473, respectively; ($40,886 versus $36,941; $24,026 versus $22,539;
and $17,393 versus $18,748).
Our clinical advisors do not support reassigning diagnosis codes
M54.11, M54.12, and M54.13 that describe radiculopathy in the cervical/
cervicothoracic area of the spine from MDC 01 to MDC 08 until further
analysis of the appropriate assignment of these and other diagnosis
codes describing radiculopathy. As the requestor pointed out, the
diagnosis codes describing radiculopathy of the thoracic and lumbar
areas of the spine (M54.14, M54.15, M54.16 and M54.17) are currently
assigned to MDC 08. There are also two other codes to identify
radiculopathy within the classification, diagnosis code M54.10
(Radiculopathy, site unspecified) and M54.18 (Radiculopathy, sacral and
sacrococcygeal region), both of which are currently assigned to MDC 01.
Our clinical advisors recommend maintaining the current assignment of
diagnosis codes describing cervical radiculopathy in MDC 01 until
further analysis of whether all the diagnosis codes describing
radiculopathy of a specified or unspecified site should be assigned to
the same MDC and if so, whether those codes should be assigned to MDC
01 or MDC 08. As part of this analysis, they also recommend soliciting
further input from the public on the appropriate assignment for all of
the diagnosis codes describing radiculopathy, including from
professional societies and national associations for neurology and
orthopedics. For these reasons, we are not proposing to reassign
diagnosis codes M54.11, M54.12, and M54.13 from MDC 01 to MDC 08 at
this time.
b. Hip and Knee Joint Replacements
We received a request to restructure the MS-DRGs for total joint
arthroplasty that utilize an oxidized zirconium bearing surface implant
in total hip replacement and total knee replacement procedures.
According to the requestor, several international joint replacement
registries, retrospective claims review, and published clinical studies
show compelling short-term, mid-term and long-term clinical outcomes
for patients receiving these implants. The requestor stated that
without specific MS-DRGs, beneficiary access to these implants is
restricted and the benefit to patients and cost savings cannot be
recognized.
The requestor noted that effective October 1, 2017, new ICD-10-PCS
procedure codes describing hip and knee replacement procedures with an
oxidized zirconium bearing surface implant were established, which
allow greater specificity and provide the ability to track costs and
clinical outcomes for the patients who receive the implant. The
requestor provided 3 options for CMS to consider as part of its request
which are summarized in this section of this rule.
The first option provided by the requestor was to create a new MS-
DRG by reassigning cases reporting a hip or knee replacement procedure
with an oxidized zirconium bearing surface implant from MS-DRG 470
(Major Hip and Knee Joint Replacement or Reattachment of Lower
Extremity without MCC) to the suggested new MS-DRG. The requestor
conducted its own analysis and noted that there were approximately
18,000 cases reporting a hip or knee replacement with an oxidized
zirconium bearing surface implant and the average length of stay for
these cases was shorter in comparison to the cases reporting hip and
knee replacement procedures without an oxidized zirconium bearing
surface implant. The requestor suggested that patients receiving an
oxidized zirconium bearing surface implant may be walking earlier after
surgery and the risk of infection may be reduced as a result of the
shorter hospitalization.
The requestor stated that separating out these cases reporting the
use of an oxidized zirconium bearing surface implant is clinically
justified because the implants are designed for increased longevity.
The requestor also stated that oxidized zirconium is an entirely
distinct material from traditional ceramic or metal implants, as it is
made through a unique thermal oxidation process which creates a
ceramicised surface while maintaining the biocompatible zirconium alloy
substrate. According to the requestor, this process creates an implant
with the unique properties of both metals and ceramics: Durability,
strength and friction resistance. Conversely, the requestor stated that
cobalt chrome used in metal implants contains up to 143x
[[Page 32506]]
more nickel (<0.5% vs <0.0035%) than oxidized zirconium and that nickel
is the leading cause of negative reactions in patients with metal
sensitivities.
The requestor asserted that creating a new MS-DRG for hip and knee
replacement procedures with an oxidized zirconium bearing surface
implant would be a logical extension of the unique procedure codes that
CMS finalized and stated that other countries have established higher
government reimbursement for these implants to reflect the increased
value of the technology. The requestor also asserted that multiple
joint replacement registries have reported excellent hip replacement
results, including a statistically significant 33 percent reduced risk
of revision (p<0.001) for oxidized zirconium on highly cross-linked
polyethylene (XLPE), from three months compared to the most common
bearing surface of metal/XLPE.
Lastly, the requestor stated that multiple U.S. data sources,
including Medicare claims, show strong short-term outcomes, reduced 30-
day readmissions, fewer discharges to skilled nursing facilities
(SNFs), shorter LOS, and more frequent discharges to home, resulting in
less costly post-acute care.
The second option provided by the requestor was to create a new MS-
DRG by reassigning all cases in MS-DRG 470 reporting a hip replacement
procedure (excluding those with an oxidized zirconium bearing surface
implant) with a principal diagnosis of hip fracture and all hip
replacement procedures with an oxidized zirconium bearing surface
implant, with or without a principal diagnosis of hip fracture to the
suggested new MS-DRG. The requestor stated that based on its own
analysis, this proposed new MS-DRG would have approximately 58,000
cases with an estimated relative weight between the current MS-DRGs for
total joint arthroplasty (MS-DRGs 469 and 470) to reflect the increased
resource consumption of total hip replacement procedures performed due
to a hip fracture, while also reflecting a higher resource grouping for
oxidized zirconium bearing surface implants used in total hip
replacement procedures, and lastly, to reflect statistically
significant reductions in revision of total hip replacement procedure
rates.
The requestor also indicated that a new MS-DRG for total hip
replacement procedures with a hip fracture would correspond to
differentials recognized in the Comprehensive Care for Joint
Replacement (CJR) program, which established a separate target 90-day
episode price for total hip replacement procedures performed due to hip
fracture cases, as these are typically higher severity patients with
longer lengths of stay than hip replacement procedures absent a hip
fracture.
The requestor conducted its own analysis of Medicare claims data
(Q4 2017-Q3 2018) for total hip replacement procedures and compared
cases with an oxidized zirconium bearing surface implant to cases
without an oxidized zirconium bearing surface implant. The requestor
reported that it found statistically reduced SNF costs, hospital length
of stay, 90-day episode costs, and 55% decreased mortality at 180 days
for the oxidized zirconium bearing surface implant cases. The requestor
urged CMS to recognize this technology with a differentiated payment in
the form of a new MS-DRG, based on its findings of excellent clinical
outcomes for total hip replacement procedures that utilize an oxidized
zirconium bearing surface implant.
The third option provided by the requestor was to reassign all
cases reporting a total hip replacement procedure using an oxidized
zirconium bearing surface implant with a principal diagnosis of hip
fracture from MS-DRG 470 (Major Hip and Knee Joint Replacement or
Reattachment of Lower Extremity without MCC) to MS-DRG 469 (Major Hip
and Knee Joint Replacement or Reattachment of Lower Extremity with MCC
or Total Ankle Replacement). The requestor stated this option would
maintain the two existing MS-DRGs for total joint arthroplasty and
would only involve moving a small subset of cases (approximately 300)
from MS-DRG 470 to MS-DRG 469.
The requestor acknowledged that the third option was more limited
than the first two options, however, the requestor stated that it was
the least disruptive since the two MS-DRGs and estimated relative
weights would remain essentially the same. The requestor also stated
that reassigning cases reporting a total hip replacement procedure
using an oxidized zirconium bearing surface implant with a principal
diagnosis of hip fracture from MS-DRG 470 to MS-DRG 469 would encourage
hospitals to use these high-quality, proven implants.
The requestor also asserted that the third option focuses the
suggested payment changes on the population of patients that benefit
the most from the technology. According to the requestor, the analysis
of Medicare claims data suggests that there is potential to improve
care for the older population of patients who receive a total hip
replacement by encouraging providers to use an oxidized zirconium
bearing surface implant for hip fracture cases. In addition, the
requestor stated that long-term Medicare solvency concerns impel
consideration of incentives as a means to drive better outcomes at
lower cost. Specifically, the requestor asserted that if all of the
approximately 150,000 total hip replacement procedures performed
annually in the U.S. for hip fracture achieved 90-day episode cost
savings observed in Medicare claims for oxidized zirconium bearing
surface implants, based on the requestor's analysis, potential annual
savings of more than $650 million could be realized, in addition to
longer-term savings achieved through reduced revisions.
The requestor also welcomed additional analysis by CMS of the
claims data and consideration of alternative configurations that might
better align patient severity, clinical value and payment.
As indicated by the requestor, October 1, 2017, new ICD-10-PCS
procedure codes describing hip and knee replacement procedures with an
oxidized zirconium bearing surface implant were created. The procedure
codes are as follows:
[[Page 32507]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.039
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for MS-DRGs 469 and 470 where hip and knee replacement
procedures are currently assigned for cases reporting the use of an
oxidized zirconium bearing surface implant to address the three options
provided by the requestor.
To evaluate the first option provided by the requestor, we analyzed
the cases reporting a total hip or total knee replacement procedure
with an oxidized zirconium bearing surface implant in MS-DRG 470 to
determine if a new MS-DRG is warranted. To evaluate the second option
provided by the requestor, we analyzed the cases reporting a total hip
replacement procedure without an oxidized zirconium bearing surface
implant with a principal diagnosis of hip fracture and cases reporting
a total hip replacement procedure with an oxidized zirconium implant
with or without a principal diagnosis of hip fracture in MS-DRG 470 to
determine if a new MS-DRG is warranted. We refer the reader to Table
6P.1c for a list of the procedure codes that describe a hip replacement
without an oxidized zirconium bearing surface implant and to Table
6P.1e for a list of the diagnosis codes describing a hip fracture that
were provided by the requestor for consideration of options 2 and 3. To
evaluate the third option provided by the requestor, we analyzed the
cases reporting a total hip replacement procedure with an oxidized
zirconium bearing surface implant and a principal diagnosis of fracture
in MS-DRG 470 to determine if the cases warrant reassignment to MS-DRG
469. Our findings are shown in the following table.
[[Page 32508]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.040
As shown in the table, there was a total of 25,701 cases with an
average length of stay of 5.9 days and average costs of $22,126 in MS-
DRG 469. For MS-DRG 470, there was a total of 386,221 cases with an
average length of stay of 2.3 days and average costs of $14,326. Of
those 386,221 cases in MS-DRG 470, there was a total of 18,898 cases
reporting a total hip replacement or total knee replacement procedure
with an oxidized zirconium bearing surface implant with an average
length of stay of 2.1 days and average costs of $14,808; a total of
47,316 cases reporting a total hip replacement procedure with a
principal diagnosis of hip fracture with an average length of stay of
4.5 days and average costs of $16,077; a total of 7,241 cases reporting
a total hip replacement procedure with an oxidized zirconium bearing
surface implant with or without a principal diagnosis of hip fracture
with an average length of stay of 1.9 days and average costs of
$13,875; and a total of 316 cases reporting a total hip replacement
procedure with an oxidized zirconium bearing surface implant with a
principal diagnosis of hip fracture with an average length of stay of 4
days and average costs of $18,304.
The data analysis performed to evaluate the first option provided
by the requestor indicates that the 18,898 cases reporting a total hip
replacement or total knee replacement procedure with an oxidized
zirconium bearing surface implant in MS-DRG 470 have a similar average
length of stay (2.1 days versus 2.3 days) and similar average costs
($14,808 versus $14,326) compared to all the cases in MS-DRG 470. The
results are also consistent with the requestor's findings that there
were approximately 18,000 cases reporting a hip or knee replacement
with an oxidized zirconium bearing surface implant. Based on the claims
analysis, our clinical advisors stated that the data does not support
creating a new MS-DRG for these procedures. Our clinical advisors also
believe that the characteristics of the patients and resources used for
a case that involves a total hip replacement or total knee replacement
procedure with an oxidized zirconium bearing surface implant are not
clinically distinct from the characteristics of the patients and
resources used for the cases reporting a total hip replacement or total
knee replacement procedure without an oxidized zirconium bearing
surface implant. Therefore, in consideration of the first option
provided by the requestor, we are not proposing to create a new MS-DRG
for cases reporting a total hip or knee replacement procedure with an
oxidized zirconium bearing surface implant.
The data analysis performed to evaluate the second option provided
by the requestor indicates that the 47,316 cases reporting a total hip
replacement procedure without an oxidized zirconium bearing surface
implant with a principal diagnosis of hip fracture have an average
length of stay that is longer than the average length of stay for all
the cases in MS-DRG 470 (4.5 days versus 2.3 days) and the average
costs are higher when compared to all the cases in MS-DRG 470 ($16,077
versus
[[Page 32509]]
$14,326). For the 7,241 cases reporting a total hip replacement
procedure with an oxidized zirconium bearing surface implant with or
without a principal diagnosis of hip fracture, the average length of
stay is shorter than the average length of stay for all the cases (1.9
days versus 2.3 days) and the average costs are slightly lower when
compared to all the cases in MS-DRG 470 ($13,875 versus $14,326). Our
analysis of the combined total number of cases identified for the
second option provided by the requestor indicates that the 54,557 cases
(47,316 + 7,241) have a longer average length of stay compared to the
average length of stay for all the cases in MS-DRG 470 (4.2 days versus
2.3 days) and the average costs are slightly higher ($15,785 versus
$14,326) when compared to all the cases in MS-DRG 470. The results are
also consistent with the requestor's findings that there were
approximately 58,000 cases reporting a total hip replacement procedure
without an oxidized zirconium bearing surface implant with a principal
diagnosis of hip fracture or a total hip replacement procedure with an
oxidized zirconium bearing surface implant with or without a principal
diagnosis of hip fracture. Our clinical advisors believe that the data
does not support creating a new MS-DRG for the subset of cases as
suggested by the requestor. They noted the variation in the volume
(47,316 cases and 7,241 cases), average length of stay (4.5 days and
1.9 days), and the average costs ($16,077 and $13,875) for each subset
of option 2 and that the total average cost for the combined cases
identified for the second option ($15,785) is very similar to the costs
of all the cases in MS-DRG 470 ($14,326). Therefore, in consideration
of the second option provided by the requestor, we are not proposing to
create a new MS-DRG for cases reporting a total hip replacement
procedure without an oxidized zirconium bearing surface implant with a
principal diagnosis of hip fracture and cases reporting a total hip
replacement procedure with an oxidized zirconium implant with or
without a principal diagnosis of hip fracture.
The data analysis performed to evaluate the third option provided
by the requestor indicates that the 316 cases reporting a total hip
replacement procedure with an oxidized zirconium bearing surface
implant with a principal diagnosis of hip fracture have a longer
average length of stay (4.0 days versus 2.3 days) and higher average
costs ($18,304 versus $14,326) compared to all the cases in MS-DRG 470.
The results are also consistent with the requestor's findings that
there were approximately 300 cases reporting a total hip replacement
procedure with an oxidized zirconium bearing surface implant with a
principal diagnosis of hip fracture. Our clinical advisors noted that
while the data shows a longer length of stay and higher average costs
for these cases under option 3, the analysis of the cases reporting a
total hip replacement procedure without an oxidized zirconium bearing
surface implant with a principal diagnosis of hip fracture under option
2 also demonstrated a longer length of stay and higher average costs.
They therefore recommended we conduct further review specifically of
those cases reporting a total hip replacement procedure with a
principal diagnosis of hip fracture, with or without an oxidized
zirconium bearing surface implant.
Based on the advice of our clinical advisors and in connection with
the request for CMS to examine the claims data and consider alternative
configurations, we performed additional analysis of those cases
reporting a total hip replacement procedure with a principal diagnosis
of hip fracture for both MS-DRGs 469 and 470. The procedure codes for
the hip replacement procedures included in this additional analysis are
displayed in Table 6P.1d and the diagnosis codes for hip fracture
included in this additional analysis are displayed in Table 6P.1e. Our
findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.041
As shown in the table, there was a total of 14,163 cases reporting
a total hip replacement procedure with a principal diagnosis of hip
fracture with an average length of stay of 7.2 days and average costs
of $21,951 in MS-DRG 469. There was a total of 47,632 cases reporting a
total hip replacement procedure with a principal diagnosis of hip
fracture with an average length of stay of 4.5 days and average costs
of $16,092 in MS-DRG 470. The average length of stay for the cases
reporting a total hip replacement procedure with a principal diagnosis
of hip fracture in MS-DRGs 469 and 470 were longer (7.2 days versus 5.9
days and 4.5 versus 2.3 days, respectively) compared to all the cases
in their assigned MS-DRGs. The average costs of the cases reporting a
total hip replacement procedure with a principal diagnosis of hip
fracture in MS-DRG 469 were approximately $175 less when compared to
the average costs of all
[[Page 32510]]
cases in MS-DRG 469 ($21,951 versus $22,126) and slightly more for MS-
DRG 470 ($16,092 versus $14,326). Our clinical advisors support
differentiating the cases reporting a total hip replacement procedure
with a principal diagnosis of hip fracture from those cases without a
hip fracture by assigning them to a new MS-DRG. They noted that
clinically, individuals who undergo hip replacement following hip
fracture tend to require greater resources for effective treatment than
those without hip fracture. They further noted that the increased
complexity associated with hip fracture patients can be attributed to
the post traumatic state and the stress of pain, possible peri-
articular bleeding, and the fact that this subset of patients, most of
whom have fallen as the cause for their fracture, may be on average
more frail than those who require hip replacement because of
degenerative joint disease.
We applied the criteria to create subgroups in a base MS-DRG as
discussed in section II.D.1.b. of this FY 2021 IPPS/LTCH PPS proposed
rule. As shown in the table that follows, a three-way split of this
base MS-DRG failed to meet the criterion that there be at least a 20%
difference in average costs between the CC and NonCC subgroup and also
failed to meet the criterion that there be at least a $2,000 difference
in average costs between the CC and NonCC subgroup. The following table
illustrates our findings.
[GRAPHIC] [TIFF OMITTED] TP29MY20.042
We then applied the criteria for a two-way split for the ``with MCC
and without MCC'' subgroups and found that all five criteria were met.
For the proposed new MS-DRGs, there is at least (1) 500 cases in the
MCC subgroup and 500 cases in the without MCC subgroup; (2) 5 percent
of the cases in the MCC group and 5 percent in the without MCC
subgroup; (3) a 20 percent difference in average costs between the MCC
group and the without MCC group; (4) a $2,000 difference in average
costs between the MCC group and the without MCC group; and (5) a 3-
percent reduction in cost variance, indicating that the proposed
severity level splits increase the explanatory power of the base MS-DRG
in capturing differences in expected cost between the proposed MS-DRG
severity level splits by at least 3 percent and thus improve the
overall accuracy of the IPPS payment system. The following table
illustrates our findings.
[GRAPHIC] [TIFF OMITTED] TP29MY20.043
For FY 2021, we are proposing to create new MS-DRG 521 (Hip
Replacement with Principal Diagnosis of Hip Fracture with MCC) and new
MS-DRG 522 (Hip Replacement with Principal Diagnosis of Hip Fracture
without MCC). We refer the reader to Table 6P.1d for the list of
procedure codes describing hip replacement procedures and to Table
6P.1e for the list of diagnosis codes describing hip fracture diagnoses
that we are proposing to define in the logic for these proposed new MS-
DRGs.
We also note that the Comprehensive Care for Joint Replacement
(CJR) model includes episodes triggered by MS-DRG 469 with hip fracture
and MS-DRG 470 with hip fracture. Given the proposal to create proposed
new MS-DRG 521 and MS-DRG 522, we seek comment on the effect this
proposal would have on the CJR model and whether to incorporate MS-DRG
521 and MS-DRG 522, if finalized, into the CJR model's proposed
extension to December 31, 2023. As discussed in the CJR proposed rule
``Comprehensive Care for Joint Replacement Model Three-Year Extension
and Changes to Episode Definition and Pricing'' (85 FR 10516), we
proposed to extend the duration of the CJR model. This extension, if
finalized, would revise certain aspects of the CJR model including, but
not limited to, the episode of care definition, the target price
calculation, the reconciliation process, the beneficiary notice
requirements and the appeals process. Additionally, the CJR proposed
rule would allow time to test the proposed changes by extending the
length of the CJR model through December 31, 2023, for certain
participant hospitals. The comment period for the CJR proposed rule
closes on June 23, 2020 (85 FR 22978).
8. MDC 11 (Diseases and Disorders of the Kidney and Urinary Tract)
a. Kidney Transplants
We received two separate but related requests to review the MS-DRG
assignment for procedures describing the transplantation of kidneys.
The first request was to designate kidney transplants as a Pre-MDC MS-
DRG in the same manner that other organ transplants are. The requestor
performed its own analysis and stated that it found that cases with a
principal diagnosis from MDC 05 (Diseases and Disorders of the
Circulatory System), for example I13.2 (Hypertensive heart and chronic
kidney disease with heart failure and with stage 5 chronic kidney
disease, or end stage renal disease), reported with a kidney transplant
from
[[Page 32511]]
MDC 11 (Diseases and Disorders of the Kidney and Urinary Tract),
grouped to MS-DRG 981 (Extensive O.R. Procedure Unrelated to Principal
Diagnosis with MCC). The requestor stated it did not appear appropriate
that a kidney transplant would group to MS-DRG 981 when diagnosis code
I13.2 is a legitimate principal diagnosis for this procedure. This
requestor also suggested that if there was a proposal for designating
the MS-DRG for kidney transplants as a Pre-MDC MS-DRG, that a severity
level split should also be proposed.
As discussed in the FY 2020 IPPS/LTCH PPS final rule (84 FR 42128
through 42129), during our review of cases that group to MS-DRGS 981
through 983, we noted that when procedures describing transplantation
of kidneys (ICD-10-PCS procedure codes 0TY00Z0 (Transplantation of
right kidney, allogeneic, open approach) and 0TY10Z0 (Transplantation
of left kidney, allogeneic, open approach) are reported in conjunction
with ICD-10-CM diagnosis codes in MDC 05 (Diseases and Disorders of the
Circulatory System), the cases group to MS-DRGs 981 through 983. For
the reasons discussed, we proposed to add ICD-10-PCS procedure codes
0TY00Z0 and 0TY10Z0 to MS-DRG 264 in MDC 05. As summarized in the FY
2020 IPPS/LTCH PPS final rule, commenters opposed our proposal to add
ICD-10-PCS procedure codes 0TY00Z0 and 0TY10Z0 to MS-DRG 264 in MDC 05.
Commenters suggested that CMS instead assign these cases to MS-DRG 652,
noting that the length of stay for the vast majority of kidney
transplant cases involving serious cardiac conditions approximates the
length of stay for kidney transplants in general. After consideration
of public comments, we did not finalize our proposal to add ICD-10-PCS
procedure codes 0TY00Z0 and 0TY10Z0 to MS-DRG 264 in MDC 05. We stated
that we believed it would be appropriate to take additional time to
review the concerns raised by commenters consistent with the
President's Executive Order on Advancing American Kidney Health (see
https://www.whitehouse.gov/presidential-actions/executive-order-advancing-american-kidney-health/). Accordingly, cases reporting a
principal diagnosis in MDC 05 with a procedure describing kidney
transplantation (that is, procedure code 0TY00Z0 or 0TY10Z0) continue
to group to MS-DRGs 981 through 983 under the ICD-10 MS-DRGs Version
37, effective October 1, 2019.
In response to these public comments and the request we received on
this topic for FY 2021 consideration, we examined claims data from the
September 2019 update of the FY 2019 MedPAR file for MS-DRG 652. In MS-
DRG 652, there were 11,324 cases reporting one of the procedure codes
listed describing a kidney transplant procedure, with an average length
of stay of 6 days and average costs of $25,424.
[GRAPHIC] [TIFF OMITTED] TP29MY20.044
We then analyzed claims data for cases reporting one of the
procedure codes listed describing the transplantation of kidney
reported in MS-DRGs 981, 982, and 983. We did not find any such cases
in MS-DRG 983.
[GRAPHIC] [TIFF OMITTED] TP29MY20.045
Of the 366 cases reporting procedures describing kidney transplants
in MS-DRGs 981 and 982, all of the cases reported a principal diagnosis
from MDC 05. The diagnoses reported are reflected in the table.
[[Page 32512]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.046
Our clinical advisors reviewed these data. As indicated previously,
in MS-DRG 652, there were 11,324 cases reporting one of the procedure
codes listed describing a kidney transplant procedure, with an average
length of stay of 6 days and average costs of $25,424. Our clinical
advisors noted that the average costs for cases reporting
transplantation of kidney with a diagnosis from MDC 05 listed
previously are generally similar to the average costs of cases in MS-
DRG 652. The diagnoses assigned to MDC 05 reflect conditions associated
with the circulatory system. Our clinical advisors agreed that although
these diagnoses might also be a reasonable indication for kidney
transplant procedures, it would not be appropriate to move these
diagnoses into MDC 11 because it could inadvertently cause cases
reporting these same MDC 05 diagnoses with a circulatory system
procedure to be assigned to an unrelated MS-DRG.
To further examine the impact of moving MDC 05 diagnoses into MDC
11, we analyzed claims data for cases reporting a circulatory system
O.R. procedure and MDC 05 ICD-10-CM diagnosis code I13.2 (Hypertensive
heart and chronic kidney disease with heart failure and with stage 5
chronic kidney disease, or end stage renal disease). Diagnosis code
I13.2 was selected since this diagnosis was the MDC 05 diagnosis most
frequently reported with kidney transplant procedures. Our findings are
reflected in the following table:
BILLING CODE 4120-01-P
[[Page 32513]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.047
[[Page 32514]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.048
BILLING CODE 4120-01-C
As shown in the table, if we were to move diagnosis code I13.2 to
MDC 11, 4,366 cases would be assigned to the surgical class referred to
as ``unrelated operating room procedures'' as an unintended
consequence. Therefore, as an alternate option, we are proposing to
modify the GROUPER logic for MS-DRG 652 by allowing the presence of a
procedure code describing transplantation of the kidney to determine
the MS-DRG assignment independent of the MDC of the principal diagnosis
in most instances. The logic for MDC 24 (Multiple Significant Trauma)
and MDC 25 (Human Immunodeficiency Virus Infections) will remain
unchanged, meaning there would be two exceptions to the proposed
modification of the GROUPER logic for MS-DRG 652. If a principal
diagnosis of trauma and at least two significant traumas of different
body sites are present, the appropriate MS-DRG in MDC 24 would be
assigned based on the principal diagnosis and procedures reported,
instead of MS-DRG 652. Also, if either a principal diagnosis of HIV
infection or a secondary diagnosis of HIV infection with a principal
diagnosis of a significant HIV related condition are present, the
appropriate MS-DRG in MDC 25 would be assigned based on the principal
diagnosis and procedures reported instead of MS-DRG 652. The diagram
found towards the end of this discussion illustrates how the proposed
MS-DRG logic for MS-DRG 652 (Kidney Transplant) would function.
We recognize MS-DRG 652 is one of the only transplant MS-DRGs not
currently defined as a Pre-MDC. Pre-MDCs were an addition to Version 8
of the Diagnosis Related Groups. This was the first departure from the
use of principal diagnosis as the initial variable in DRG and
subsequently MS-DRG assignment. For Pre-MDC DRGs, the initial step in
DRG assignment is not the principal diagnosis, but instead certain
surgical procedures with extremely high costs such as heart transplant,
liver transplant, bone marrow transplant, and tracheostomies performed
on patients on long-term ventilation. When added in Version 8, these
types of services were viewed as being very resource intensive. Our
clinical advisors have noted, however, that treatment practices have
shifted since the inception of Pre-MDCs. The current proposed
refinements to MS-DRG 652 represent the first step in investigating how
we may consider introducing this concept of allowing certain procedures
to affect the MS-DRG assignment regardless of the MDC from which the
diagnosis is reported in the future, with the possibility of removing
the Pre-MDC category entirely. In other words, we would consider having
the resource intensive procedures currently assigned to the Pre-MDC MS-
DRGs determine assignment to MS-DRGs within the clinically appropriate
MDC. We are making concerted efforts to continue refining the ICD-10
MS-DRGs and we believe that it is important to include the Pre-MDC
category as part of our comprehensive review.
In response to the request for a severity level split, since the
request to designate kidney transplants as a Pre-MDC MS-DRG did not
involve a revision of the existing GROUPER logic for MS-DRG 652, we
applied the five criteria as described in section II.D1.b. of the
preamble of this proposed rule to determine if it would be appropriate
to subdivide cases currently assigned to MS-DRG 652 into severity
levels. This analysis includes 2 years of MedPAR claims data to compare
the data results from 1 year to the next to avoid making determinations
about whether additional severity levels are warranted based on an
isolated year's data fluctuation and also, to validate that the
established severity levels within a base MS-DRG are supported.
Therefore, we reviewed the claims data for base MS-DRG 652 using the
September 2018 update of the FY 2018 MedPAR file and the September 2019
update of the FY 2019 MedPAR file, which were used in our analysis of
claims data for MS-DRG reclassification requests for FY 2020 and FY
2021. Our findings are shown in the table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.049
[[Page 32515]]
We applied the criteria to create subgroups for the three-way
severity level split. As discussed in section II.D.1.b., beginning with
this FY 2021 IPPS/LTCH PPS proposed rule, we are proposing to expand
the previously listed criteria to also include the Non-CC group. We
found that the criterion that there be at least a 20% difference in
average costs between subgroups failed for the average costs between
the MCC and CC subgroups based on the data in both the FY 2018 and FY
2019 MedPAR files. The criterion that there be at least 500 cases for
each subgroup also was not met, as shown in the table for both years.
Specifically, for the ``with MCC'', ``with CC'', and ``without CC/MCC''
split, there were only 356 cases in the ``without CC/MCC'' subgroup
based on the data in the FY 2019 MedPAR file and only 464 cases in the
``without CC/MCC'' subgroup based on the data in the FY 2018 MedPAR
file. We then applied the criteria to create subgroups for the two-way
severity level splits and found that the criterion that there be at
least a 20 percent difference in average costs between the ``with MCC''
subgroup and the ``without MCC'' group failed for both years. The
criterion that there be at least a 3-percent reduction in cost variance
between the ``with CC/MCC'' and ``without CC/MCC'' subgroups also
failed for both years, indicating that the current base MS-DRG 652
maintains the overall accuracy of the IPPS payment system. The claims
data do not support a three-way or a two-way severity level split for
MS-DRG 652, therefore for FY 2021, we are not proposing to subdivide
MS-DRG 652 into severity levels.
As discussed earlier in this section we received two separate but
related requests. The second request was that a new MS-DRG be created
for kidney transplant cases where the patient received dialysis during
the inpatient stay and after the date of the transplant. According to
the requestor, transplant hospitals incur higher costs related to post-
transplant care of patients who receive kidneys from ``medically
complex donors'' (defined by the requestor as coming from organ donors
over aged 60 and donors after circulatory death). The requestor also
stated that their research indicated that studies consistently
identified organ donors over the age of 60 and donors after circulatory
death as the most significant areas for growth in increasing the number
of organ transplantations, but this growth is hampered by the
underutilization of these types of organs. The requestor performed its
own data analysis and stated that total standardized costs were 32
percent higher for cases where the beneficiary received dialysis during
the inpatient stay and after the date of transplant compared to all
other kidney transplant cases currently in MS-DRG 652 (Kidney
Transplant), with the additional costs serving as a disincentive to the
use of viable kidneys for donation. The requestor asserted that this
financially disadvantages transplant centers from using such organs,
contributing to the kidney discard rate.
The following ICD-10-PCS procedure codes identify the performance
of hemodialysis.
[GRAPHIC] [TIFF OMITTED] TP29MY20.050
We acknowledge that the request was to review the costs of dialysis
performed after kidney transplantation during the same inpatient
admission, however our clinical advisors pointed out, that while not
routine, it is not uncommon for a patient to require dialysis while
admitted for kidney transplantation before the procedure is performed
due to factors related to the availability of the organ, nor is it
uncommon for a kidney that has been removed from the donor,
transported, and then implanted to require dialysis before it returns
to optimal function. Therefore, we examined claims data from the
September 2019 update of the FY 2019 MedPAR file for all cases in MS-
DRG 652 and compared the results to cases representing kidney
transplantation with dialysis performed during the same inpatient
admission either before or after the date of kidney transplantation.
The following table shows our findings:
[GRAPHIC] [TIFF OMITTED] TP29MY20.051
As shown by the table, for MS-DRG 652, we identified a total of
11,324 cases, with an average length of stay of 6.0 days and average
costs of $25,424. Of the 11,324 cases in MS-DRG 652, there were 3,254
cases describing the performance of hemodialysis in an admission where
the patient received a kidney transplant with an average length of stay
of 7.6 days and average costs of $30,606. Our clinical advisors noted
that the average length of stay and average costs of cases in MS-DRG
652 describing the performance of hemodialysis in an admission where
the patient received a kidney transplant were higher than the average
length of stay and average costs for all cases in the same MS-DRG.
In further analyzing this issue, noting that patients can require a
simultaneous
[[Page 32516]]
pancreas/kidney transplant procedure, we also examined claims data from
the September 2019 update of the FY 2019 MedPAR file for all cases in
Pre-MDC MS-DRG 008 (Simultaneous Pancreas/Kidney Transplant) and
compared the results to cases representing simultaneous pancreas/kidney
transplantation with dialysis performed during the same inpatient
admission either before or after the date of kidney transplantation.
The following table shows our findings:
[GRAPHIC] [TIFF OMITTED] TP29MY20.052
As shown by the table, for Pre-MDC MS-DRG 008, we identified a
total of 374 cases, with an average length of stay of 10.9 days and
average costs of $41,926. Of the 374 cases in Pre-MDC MS-DRG 008, there
were 84 cases describing the performance of hemodialysis during an
admission where the patient received a simultaneous pancreas/kidney
transplant with an average length of stay of 13.4 days and average
costs of $49,001. Our clinical advisors again noted that the average
length of stay and average costs of cases in Pre-MDC MS-DRG 008
describing the performance of hemodialysis during an admission where
the patient received a simultaneous pancreas/kidney transplant were
higher than the average length of stay and average costs for all cases
in the same Pre-MDC MS-DRG.
Our clinical advisors believe that these hemodialysis procedures
either performed before or after kidney transplant or before or after
simultaneous pancreas/kidney transplant contribute to increased
resource consumption for these transplant patients. While there is not
a large number of cases describing a simultaneous pancreas/kidney
transplant with hemodialysis procedures either performed before or
after transplant represented in the Medicare data, and we generally
prefer not to create a new MS-DRG unless it would include a substantial
number of cases, we believe creating separate MS-DRGs for these cases
would appropriately address the differential in resource consumption
consistent with the President's Executive Order on Advancing American
Kidney Health (see https://www.whitehouse.gov/presidential-actions/executive-order-advancing-american-kidney-health/). For these reasons,
we are proposing to create new MS-DRGs for the performance of
hemodialysis during an admission where the patient received a kidney
transplant or simultaneous pancreas/kidney transplant.
To compare and analyze the impact of our suggested modifications,
we ran a simulation using the Version 37 ICD-10 MS-DRG GROUPER and the
claims data from the September 2019 update of the FY 2019 MedPAR file.
The following table reflects our findings for all 3,254 cases
representing kidney transplantation with dialysis performed during the
same inpatient admission either before or after the date of kidney
transplantation with a two-way severity level split.
[GRAPHIC] [TIFF OMITTED] TP29MY20.053
As shown in the table, there was a total of 2,195 cases for the
kidney transplant with hemodialysis with MCC subgroup, with an average
length of stay of 8.0 days and average costs of $32,360. There was a
total of 1,059 cases for the kidney transplant with hemodialysis
without MCC subgroup, with an average length of stay of 6.8 days and
average costs of $26,972. We applied the criteria to create subgroups
for the two-way severity level split for the proposed MS-DRGs,
including our proposed expansion of the criteria to also include the
nonCC group, and found that all five criteria were met. For the
proposed MS-DRGs, there is (1) at least 500 cases in the MCC subgroup
and in the without MCC subgroup; (2) at least 5 percent of the cases
are in the MCC subgroup and in the without MCC subgroup; (3) at least a
20 percent difference in average costs between the MCC subgroup and the
without MCC subgroup; (4) at least a $2,000 difference in average costs
between the MCC subgroup and the without MCC subgroup; and (5) at least
a 3-percent reduction in cost variance, indicating that the proposed
severity level splits increase the explanatory power of the base MS-DRG
in capturing differences in expected cost between the proposed MS-DRG
severity level splits by at least 3 percent and thus improve the
overall accuracy of the IPPS payment system.
[[Page 32517]]
For the cases describing the performance of hemodialysis during an
admission where the patient received a simultaneous pancreas/kidney
transplant, we identified a total of 84 cases, so the criterion that
there are at least 500 or more cases in any subgroup could not be met.
Therefore, for FY 2021, we are not proposing to subdivide the proposed
new Pre-MDC MS-DRG for the performance of hemodialysis in an admission
where the patient received a simultaneous pancreas/kidney transplant
into severity levels.
In summary, for FY 2021, taking into consideration that it
clinically requires greater resources to perform hemodialysis during an
admission where the patient received a kidney or simultaneous pancreas/
kidney transplant, we are proposing to create a new Pre-MDC MS-DRG for
cases describing the performance of hemodialysis during an admission
where the patient received a simultaneous pancreas/kidney transplant.
We are also proposing to create two new MS-DRGs with a two-way severity
level split for cases describing the performance of hemodialysis in an
admission where the patient received a kidney transplant in MDC 11.
These proposed new MS-DRGs are proposed new Pre-MDC MS-DRG 019
(Simultaneous Pancreas/Kidney Transplant with Hemodialysis), proposed
new MS-DRG 650 (Kidney Transplant with Hemodialysis with MCC) and
proposed new MS-DRG 651 (Kidney Transplant with Hemodialysis without
MCC). We are proposing to add the procedure codes from current Pre-MDC
MS-DRG 008 to the proposed new Pre-MDC MS-DRG 019 with the procedure
codes describing a hemodialysis procedure. Similarly, we are also
proposing to add the procedure codes from current MS-DRG 652 to the
proposed new MS-DRGs 650 and 651 with the procedure codes describing a
hemodialysis procedure. We note that the procedure codes describing
hemodialysis procedures are designated as non-O.R. procedures,
therefore, as part of the logic for these proposed new MS-DRGs, we are
also proposing to designate these codes as non-O.R. procedures
affecting the MS-DRG.
The diagram illustrates how the proposed MS-DRG logic for Kidney
Transplants would function. The diagram (Diagram 1.) begins by asking
if the criteria for a Pre-MDC MS-DRG is met. If yes, the logic asks if
the criteria for Pre-MDC MS-DRGs 018, 001-006, 014 or 007 is met. If
yes, the logic directs the case to either Pre-MDC MS-DRG 018, 001-006,
014 or 007 based on the principal diagnosis and/or procedures reported.
If no, the logic asks if there is a simultaneous pancreas/kidney
transplant with a qualifying diagnosis reported on the claim. If no,
the logic directs the case to either Pre-MDC MS-DRGs 016, 017, or 010-
013 based on the principal diagnosis and/or procedures reported. If
yes, the logic asks if there was a hemodialysis procedure reported on
the claim. If yes, the logic assigns the case to proposed new Pre-MDC
MS-DRG 019 (Simultaneous Pancreas/Kidney Transplant with Hemodialysis).
If no, the logic assigns the case to existing Pre-MDC MS-DRG 008
(Simultaneous Pancreas/Kidney Transplant).
If the criteria for a Pre-MDC MS-DRG were not met at the first
step, the GROUPER logic asks if there was a principal diagnosis of
trauma and at least two significant traumas of different body sites. If
yes, the logic directs the case to the appropriate MS-DRG in MDC 24
based on the principal diagnosis and procedures reported. If no, the
logic asks if there was either a principal diagnosis of HIV infection
or a secondary diagnosis of HIV infection with a principal diagnosis of
a significant HIV related condition. If yes, the logic directs the case
to the appropriate MS-DRG in MDC 25 based on the principal diagnosis
and procedures reported. If no, the logic asks if there is kidney
transplant procedure reported on the claim. If no, the logic directs
the case to the appropriate MDC and MS-DRG based on the principal
diagnosis and procedures reported. If yes, the logic asks if there was
a hemodialysis procedure reported on the claim. If yes, the logic
assigns the case to proposed new MS-DRGs 650 or 651 (Kidney Transplant
with Hemodialysis with MCC or without MCC, respectively). If no, the
logic assigns the case to existing MS-DRG 652 (Kidney Transplant).
BILLING CODE 4120-01-C
[[Page 32518]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.054
[[Page 32519]]
BILLING CODE 4120-01-P
b. Proposed Addition of Diagnoses to Other Kidney and Urinary Tract
Procedures Logic
We received a request to add 29 ICD-10-CM diagnosis codes to the
list of principal diagnoses assigned to MS-DRGs 673, 674, and 675
(Other Kidney and Urinary Tract Procedures with MCC, with CC, and
without CC/MCC, respectively) in MDC 11 (Diseases and Disorders of the
Kidney and Urinary Tract) when reported with procedure codes describing
the insertion of totally implantable vascular access devices (TIVADs)
and tunneled vascular access devices. The list of 29 ICD-10-CM
diagnosis codes submitted by the requestor, as well as their current
MDC assignments, are found in the table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.055
The requestor stated that by adding the codes listed, cases
reporting principal diagnosis codes describing complications of
dialysis access sites and principal diagnosis codes describing kidney
disease in the setting of diabetes or hypertension, would group to MS-
DRGs 673, 674, and 675 when a TIVAD or tunneled vascular access device
is inserted. The requestor stated that patients who have kidney
transplant complications or dialysis catheter complications typically
also have chronic kidney disease, end stage renal disease (ESRD) or
resolving acute tubular necrosis (ATN) but ICD-10-CM coding guidelines
require a complication code to be sequenced first. The requester stated
that when reporting a diagnosis code describing ESRD and diabetes, a
diabetes code from ICD-10-CM Chapter 4 (Endocrine, Nutritional and
Metabolic Diseases) must be sequenced first and when coding ESRD,
hypertension, and heart failure, the combination code I13.2
(Hypertensive heart and chronic kidney disease with heart failure and
with stage 5 chronic kidney disease or end stage renal disease) must be
sequenced first per coding guidelines. The requestor pointed out that
code I13.11 (Hypertensive heart and chronic kidney disease without
heart failure with stage 5 CKD or ESRD) is currently one of the
qualifying principal diagnoses in MS-DRGs 673, 674, and 675 when
reported with procedure codes describing the insertion of TIVADs or
tunneled vascular access devices; therefore, according to the
requestor, diagnosis code I13.2 should reasonably be added.
To begin our analysis, we reviewed the GROUPER logic for MS-DRGs
673, 674, and 675 including the special logic in MS-DRGs 673, 674, and
675 for certain MDC 11 diagnoses reported with procedure codes for the
insertion of tunneled or totally implantable vascular access devices.
As discussed in the FY 2003 IPPS/LTCH PPS final rule (67 FR
[[Page 32520]]
49993 through 49994), the procedure code for the insertion of totally
implantable vascular access devices was added to the GROUPER logic of
DRG 315 (Other Kidney and Urinary Tract O.R. Procedures), the
predecessor DRG of MS-DRGs 673, 674, and 675, when combined with
principal diagnoses specifically describing renal failure, recognizing
that inserting these devices as an inpatient procedure for the purposes
of hemodialysis can lead to higher average charges and longer lengths
of stay for those cases.
We next reviewed the 29 ICD-10-CM codes submitted by the requestor.
Our clinical advisors noted that ICD-10-CM diagnosis codes E10.21,
E11.21, and E13.21 describing diabetes mellitus with diabetic
nephropathy; codes E10.29, E11.29, and E13.29 describing diabetes
mellitus with other diabetic kidney complication; T80.211A, T80.212A,
and T80.218A describing infection due to central venous catheters; and
codes T82.7XXA, T82.818A, T82.828A, T82.838A, T82.848A, T82.858A,
T82.868A, and T82.898A describing complications of cardiac and vascular
prosthetic devices, implants and grafts, are not necessarily indicative
of a patient having renal (kidney) failure requiring the insertion of a
TIVAD or a tunneled vascular access device to allow access to the
patient's blood for hemodialysis purposes. TIVADs and tunneled vascular
access devices are widely used to provide central venous access for the
administration of intravenous antibiotics, chemotherapeutic agents,
parenteral nutrition and other treatments. They are used in a variety
of disease groups, and in both children and adults. As such, our
clinical advisors do not support adding these diagnoses to the list of
principal diagnosis codes in MS-DRG 673, 674, and 675 when reported
with procedure codes describing the insertion of TIVADs and tunneled
vascular access devices. They noted that TIVADs and tunneled vascular
access devices may be inserted for a variety of principal diagnoses,
and that adding these 17 diagnoses that are not specific to renal
failure would not maintain the clinical coherence with other cases in
this subset of cases in MS-DRGs 673, 674, and 675.
Our clinical advisors also do not support adding ICD-10-CM
diagnosis code I13.2 (Hypertensive heart and chronic kidney disease
with heart failure and with stage 5 chronic kidney disease, or end
stage renal disease) to the special logic in MS-DRGs 673, 674, and 675.
As discussed previously, code I13.2 is assigned to MDC 05 (Diseases and
Disorders of the Circulatory System). Our clinical advisors agreed it
would not be appropriate to move this diagnosis into MDC 11 because it
would inadvertently cause cases reporting this same MDC 05 diagnosis
with circulatory system procedures to be assigned to an unrelated MS-
DRG.
Therefore, for the reasons described previously, we are not
proposing to add the following 18 ICD-10-CM codes to the list of
principal diagnosis codes for MS-DRGs 673, 674, and 675 when reported
with a procedures code describing the insertion of a TIVAD or a
tunneled vascular access device: E10.21, E10.29, E11.21, E11.29,
E13.21, E13.29, I13.2, T80.211A, T80.212A, T80.218A, T82.7XXA,
T82.818A, T82.828A, T82.838A, T82.848A, T82.858A, T82.868A, and
T82.898A.
We then reviewed the remaining 11 diagnosis codes submitted by the
requestor. Codes T82.41XA, T82.42XA, T82.43XA and T82.49XA describe
mechanical complications of vascular dialysis catheters. Our clinical
advisors believe the insertion of TIVADs or tunneled vascular access
devices for the purposes of hemodialysis is clearly clinically related
to diagnosis codes describing a mechanical complication of a vascular
dialysis catheter and that for clinical coherence, these cases should
be grouped with the subset of cases that report the insertion of
totally implantable vascular access devices or tunneled vascular access
devices as an inpatient procedure for the purposes of hemodialysis for
renal failure.
Codes T82.41XA, T82.42XA, T82.43XA and T82.49XA that describe
mechanical complications of vascular dialysis catheters are currently
assigned to MDC 05 and would require reassignment to MDC 11 in MS-DRGs
673, 674, and 675 to group with the subset of cases that report the
insertion of totally implantable vascular access devices or tunneled
vascular access devices as an inpatient procedure for the purposes of
hemodialysis for renal failure. We examined claims data from the
September 2019 update of the FY 2019 MedPAR file for all cases
reporting procedures describing the insertion of TIVADs or tunneled
vascular access devices with a principal diagnosis from the T82.4-
series in MDC 05 and compared this data to cases in MS-DRGs 673, 674
and 675. The following table shows our findings:
[[Page 32521]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.056
As shown in the table, there were 13,068 cases in MS-DRG 673 with
an average length of stay of 11 days and average costs of $26,528.
There were 1,025 cases reporting a principal diagnosis describing a
mechanical complication of vascular dialysis catheter, with a secondary
diagnosis of MCC, and a procedure code for the insertion of a TIVAD or
tunneled vascular access device with an average length of stay of 4.6
days and average costs of $14,882. There were 6,592 cases in MS-DRG 674
with an average length of stay of 7.6 days and average costs of
$17,491. There were 2 cases reporting a principal diagnosis describing
a mechanical complication of vascular dialysis catheter, with a
secondary diagnosis of CC, and a procedure code for the insertion of a
TIVAD or tunneled vascular access device with an average length of stay
of 6 days and average costs of $15,016. There were 437 cases in MS-DRG
675 with an average length of stay of 3.4 days and average costs of
$12,506. There was one case reporting a principal diagnosis describing
a mechanical complication of vascular dialysis catheter, without a
secondary diagnosis of CC or MCC, and a procedure code for the
insertion of a TIVAD or tunneled vascular access device with a length
of stay of 3 days and costs of $9,317. Our clinical advisors noted that
the average length of stay and average costs of cases reporting a
diagnosis describing a mechanical complication of a vascular dialysis
catheter and the insertion of a TIVAD or a tunneled vascular access
device are lower than for all cases in MS-DRGs 673, 674, and 675,
respectively.
For the reasons discussed, our clinical advisors believe that it is
clinically appropriate for the four ICD-10-CM diagnosis codes
describing a mechanical complication of a vascular dialysis catheter to
group to the subset of GROUPER logic that recognizes the insertion of
totally implantable vascular access devices or tunneled vascular access
devices as an inpatient procedure for the purposes of hemodialysis.
Therefore, we are proposing to reassign ICD-10-CM diagnosis codes
T82.41XA, T82.42XA, T82.43XA, and T82.49XA from MDC 05 in MS-DRGs 314,
315, and 316 (Other Circulatory System Diagnoses with MCC, with CC, and
without CC/MCC, respectively) to MDC 11 (Diseases and Disorders of the
Kidney and Urinary Tract) assigned to MS-DRGs 673, 674, and 675 (Other
Kidney and Urinary Tract Procedures with MCC, with CC, and without CC/
MCC, respectively) and 698, 699, and 700 (Other Kidney and Urinary
Tract Diagnoses with MCC, with CC, and without CC/MCC, respectively).
In reviewing ICD-10-CM codes E10.22, E11.22, and E13.22 describing
diabetes mellitus with diabetic chronic kidney disease, we noted that
related ICD-10-CM diagnosis code E09.22 (Drug or chemical induced
diabetes mellitus with diabetic chronic kidney disease) is also not
included in the current list of diagnosis codes included in the special
logic in MS-DRGs 673, 674, and 675 for certain MDC 11 diagnoses
reported with procedure codes for the insertion of tunneled or totally
implantable vascular access devices, and therefore we included E09.22
in our review. ICD-10-CM assumes a causal relationship between diabetes
mellitus and chronic kidney disease. According to the ICD-10-CM
Official Guidelines for Coding and Reporting, the word ``with'' or
``in'' should be interpreted to mean ``associated with'' or ``due to''
when it appears in a code title, the Alphabetic Index (either under a
main term or subterm), or an instructional note in the Tabular List,
meaning these conditions should be coded as related even in the absence
of provider documentation explicitly linking them, unless the
documentation clearly states the conditions are unrelated. To code
diabetic chronic kidney disease in ICD-10-CM, instructional notes
direct to ``code first any associated diabetic chronic kidney disease''
(that is, E09.22, E10.22, E11.22, and E13.22) with a second code from
subcategory of N18
[[Page 32522]]
listed after the diabetes code to specify the stage of chronic kidney
disease. Recognizing that coding guidelines instruct to code E09.22,
E10.22, E11.22, and E13.22 before codes that specify the stage of
chronic kidney disease, our clinical advisors recommend adding diabetic
codes E09.22, E10.22, E11.22, and E13.22 when reported with a secondary
diagnosis of either N18.5 Chronic kidney disease, stage 5) or N18.6
(End stage renal disease) to the special logic in MS-DRGs 673, 674, and
675 since these diagnosis code combinations describe an indication that
could require the insertion of a totally implantable vascular access
device or a tunneled vascular access device to allow access to the
patient's blood for hemodialysis purposes.
ICD-10-CM codes T86.11, T86.12, T86.13, and T86.19 describe
complications of kidney transplant and are currently assigned to MDC
11. Our clinical advisors believe these diagnoses are also indications
for hemodialysis and these cases represent a distinct, recognizable
clinical group similar to those cases in the subset of cases assigned
to the special logic in MS-DRGs 673, 674, and 675 when reported with
procedure codes describing the insertion of totally implantable
vascular access devices or tunneled vascular access devices for
hemodialysis.
In summary, we are proposing to add ICD-10-CM codes E09.22, E10.22,
E11.22, and E13.22, when reported with a secondary diagnosis of N18.5
or N18.6, to the list of principal diagnosis codes in the subset of
GROUPER logic in MS-DRGs 673, 674, and 675 that recognizes the
insertion of totally implantable vascular access devices or tunneled
vascular access devices as an inpatient procedure for the purposes of
hemodialysis. We are also proposing to add ICD-10-CM codes T86.11,
T86.12, T86.13, and T86.19 to the list of principal diagnosis codes in
this subset of GROUPER logic in MS-DRGs 673, 674, and 675.
Lastly, we reviewed the current list of 20 MDC 11 diagnoses
assigned to the special logic in MS-DRGs 673, 674, and 675 when
reported with procedure codes for the insertion of tunneled or totally
implantable vascular access devices. The list of MDC 11 diagnosis codes
currently included in the special logic of MS-DRGs 673, 674, and 675
are found in the following table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.057
Our clinical advisors pointed out that ICD-10-CM codes I12.9,
I13.10, N18.1, N18.2, N18.3, N18.4, and N18.9 do not describe renal
failure and they do not describe indications that would generally
require the insertion of totally implantable vascular access devices or
tunneled vascular access devices for the purposes of hemodialysis. Our
advisors
[[Page 32523]]
note hemodialysis replicates the function of the kidneys. In cases of
acute kidney failure and anuria, hemodialysis is indicated to prevent
urea and other waste material from building up in the blood until the
kidneys return to normal function. A diagnosis of chronic kidney
disease stages 1 through 4, however, means the kidneys still have the
ability to filter waste and extra fluid out of the blood. Dialysis is
not often not initiated in chronic kidney disease until the chronic
kidney disease progresses to stage 5 or ESRD, which is defined as when
kidney function drops to 15 percent or less. Our clinical advisors
stated that these seven codes do not describe indications requiring the
insertion of totally implantable vascular access devices or tunneled
vascular access devices for hemodialysis and recommended these codes be
removed from the special logic in MS-DRGs 673, 674, and 675.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for MS--DRGs 673, 674, and 675 for this subset of
cases to determine if there were any cases that reported one of the
seven ICD-10-CM codes in the special logic of MS-DRGs 673, 674, and 675
that do not necessarily describe indications requiring the insertion of
totally implantable vascular access devices or tunneled vascular access
devices for hemodialysis, the frequency with which they were reported
and the relative resource use as compared with all cases assigned to
the special logic in MS-DRGs 673, 674, and 675. The following table
shows our findings:
[GRAPHIC] [TIFF OMITTED] TP29MY20.058
As shown by the table, for MS-DRG 673, we identified a total of
7,391 cases assigned to the special logic within this MS-DRG with an
average length of stay of 12.1 days and average costs of $28,273. Of
these 7,391 cases in the subset of MS-DRG 673, there were 34 cases
describing insertion of a TIVAD or tunneled vascular access device with
a principal diagnosis of I12.9, I13.10, N18.1, N18.2, N18.3, N18.4, or
N18.9 with an average length of stay of 14.2 days and average costs of
$27,844. For MS-DRG 674, we identified a total of 3,055 cases assigned
to the special logic within this MS-DRG with an average length of stay
of 7.8 days and average costs of $17,107. Of these 3,055 cases in the
subset of MS-DRG 674, there were 30 cases describing insertion of a
TIVAD or tunneled vascular access device with a principal diagnosis of
I12.9, I13.10, N18.1, N18.2, N18.3, N18.4, or N18.9 with an average
length of stay of 7.2 days and average costs of $11,227. For MS-DRG
675, we identified a total of 58 cases assigned to the special logic
within this MS-DRG with an average length of stay of 6.1 days and
average costs of $12,582. Of these 58 cases in the subset of MS-DRG
675, there was one case describing insertion of a TIVAD or tunneled
vascular access device with a principal diagnosis of I12.9, I13.10,
N18.1, N18.2, N18.3, N18.4, or N18.9 with a length of stay of 4 days
and costs of $6,549. Overall, for MS-DRGs 673, 674 and 675, there were
a relatively small number of cases reporting a principal diagnosis of
I12.9, I13.10, N18.1, N18.2, N18.3, N18.4, or N18.9 and a procedure
code describing the insertion of a TIVAD or tunneled vascular access
device demonstrating
[[Page 32524]]
that these conditions are not typically addressed by insertion of these
devices.
As stated previously, TIVADs and tunneled vascular access devices
may be inserted for a variety of principal diagnoses. Our clinical
advisors believe that continuing to include these seven diagnoses that
are not specific to renal failure or that do not otherwise describe
indications requiring the insertion of totally implantable vascular
access devices or tunneled vascular access devices for hemodialysis
would not maintain clinical coherence with other cases in this subset
of cases in MS-DRGs 673, 674, and 675. Therefore, for the reasons
stated, we are proposing to remove ICD-10-CM codes I12.9, I13.10,
N18.1, N18.2, N18.3, N18.4, and N18.9 from the subset of GROUPER logic
in MS-DRGs 673, 674, and 675 that recognizes the insertion of totally
implantable vascular access devices or tunneled vascular access devices
as an inpatient procedure for the purposes of hemodialysis.
9. MDC 17 (Myeloproliferative Diseases and Disorders, Poorly
Differentiated Neoplasms): Inferior Vena Cava Filter Procedures
We received a request to review the GROUPER logic in MDC 17. The
requester stated that cases reporting the introduction of a high dose
chemotherapy agent, or reporting a chemotherapy principal diagnosis
with a secondary diagnosis describing acute leukemia, are assigned to
medical MS-DRGs 837 (Chemotherapy with Acute Leukemia as Secondary
Diagnosis or with High Dose Chemotherapy Agent with MCC), MS-DRG 838
(Chemotherapy with Acute Leukemia as Secondary Diagnosis with CC or
High Dose Chemotherapy Agent), and MS-DRG 839 (Chemotherapy with Acute
Leukemia as Secondary Diagnosis without CC/MCC). However, when
procedure codes describing the placement of an inferior vena cava (IVC)
filter, namely 06H03DZ (Insertion of intraluminal device into inferior
vena cava, percutaneous approach), are also reported with the same
codes describing the introduction of a high dose chemotherapy agent or
report a chemotherapy principal diagnosis with a secondary diagnosis
describing acute leukemia, the cases are assigned to surgical MS-DRGs
829 and 830 (Myeloproliferative Disorders or Poorly Differentiated
Neoplasms with Other Procedure with and without CC/MCC, respectively).
According to the requestor, the additional resources used by the
hospital to place an IVC filter should not result in assignment to
lower-weighted MS-DRGs.
The ICD-10-PCS codes that describe the insertion of an infusion
device or the insertion of an intraluminal device into the inferior
vena cava are listed in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.059
Our analysis of this grouping issue confirmed that, when procedure
code 06H03DZ (Insertion of intraluminal device into inferior vena cava,
percutaneous approach) is reported with a procedure code describing the
introduction of a high dose chemotherapy agent, or when it is reported
with a chemotherapy principal diagnosis code with a secondary diagnosis
code describing acute leukemia, these cases group to surgical MS-DRGs
829 and 830. ICD-10-PCS procedure code 06H03DZ identifies the placement
of an IVC filter and is designated as an extensive O.R. procedure for
purposes of MS-DRG assignment. We then examined the GROUPER logic for
medical MS-DRGs 837, 838 and 839. The GROUPER logic for MS-DRGs 837,
838, and 839 is defined by a principal diagnosis of chemotherapy
identified with ICD-10-CM diagnosis codes Z08 (Encounter for follow-up
examination after completed treatment for malignant neoplasm), Z51.11
(Encounter for antineoplastic chemotherapy) or Z51.112 (Encounter for
antineoplastic immunotherapy) along with a secondary diagnosis of acute
leukemia or a procedure code for the introduction of a high dose
chemotherapy agent as reflected in the logic table:
[[Page 32525]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.060
We refer the reader to the ICD-10 MS-DRG Version 37 Definitions
Manual (which is available via the internet on the CMS website at:
https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software for complete
documentation of the GROUPER logic for the listed MS-DRGs.
We examined claims data from the September 2019 update of the FY
2019 MedPAR file for all cases in MS-DRGs 829 and 830 and for cases
reporting the insertion of an IVC filter (procedure codes 06H00DZ,
06H03DZ, and 06H04DZ) with a procedure code describing the introduction
of a high dose chemotherapy agent, or with a chemotherapy principal
diagnosis code with a secondary diagnosis code describing acute
leukemia. Our findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.061
As shown in the table, there were a total of 1,697 cases with an
average length of stay of 9.2 days and average costs of $24,188 in MS-
DRG 829. Of those 1,697 cases, there were 18 cases reporting procedure
code 06H03DZ with a procedure code describing the introduction of a
high dose chemotherapy agent, or with a chemotherapy principal
diagnosis code with a secondary diagnosis code describing acute
leukemia with an average length of stay of 25.6 days and average costs
of $83,861. We note that there were no cases reporting procedure codes
06H00DZ or 06H04DZ. For MS-DRG 830, there were a total of 311 cases
with an average length of stay of 2.9 days and average costs of
$10,885. We found zero cases in MS-DRG 830 reporting a procedure code
for the insertion of an IVC filter with a procedure code describing the
introduction of a high dose chemotherapy agent, or with a chemotherapy
principal diagnosis code with a secondary diagnosis code describing
acute leukemia. Based on the claims data, the cases reporting procedure
code 06H03DZ with a procedure code describing the introduction of a
high dose chemotherapy agent, or with a chemotherapy principal
diagnosis code with a secondary diagnosis code describing acute
leukemia have higher average costs ($83,861 versus $24,188) and a
longer average length of stay (25.6
[[Page 32526]]
days versus 9.2 days) than all the cases in MS-DRG 829.
We also reviewed the claims data for MS-DRGs 837, 838, and 839. Our
findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.062
As shown in the table, there were a total of 1,776 cases with an
average length of stay of 17 days and average costs of $40,667 in MS-
DRG 837. There were a total of 1,172 cases with an average length of
stay of 7.3 days and average costs of $16,594 in MS-DRG 838. There were
a total of 810 cases with an average length of stay of 5 days and
average costs of $10,994 in MS-DRG 839. Based on the claims data, the
cases reporting procedure code 06H03DZ with a procedure code describing
the introduction of a high dose chemotherapy agent, or with a
chemotherapy principal diagnosis code with a secondary diagnosis code
describing acute leukemia again have higher average costs ($83,861
versus $40,667, $16,594, and $10,994 respectively) and a longer average
length of stay (25.6 days versus 17 days, 7.3 days and 5 days,
respectively) than all the cases in MS-DRG 837, 838, and 839. Our
clinical advisors reviewed the claims data and noted there were only a
small number of cases reporting procedure code 06H03DZ with a procedure
code describing the introduction of a high dose chemotherapy agent, or
with a chemotherapy principal diagnosis code with a secondary diagnosis
code describing acute leukemia, and believe there may have been other
factors contributing to the higher costs for these cases. Our clinical
advisors stated the procedure to insert an IVC filter is not surgical
in nature and recommended further analysis.
We performed further analysis on the other ICD-10-PCS codes
describing the insertion of a device into the inferior vena cava to
identify if they have a similar extensive O.R. designations and noted
inconsistencies among the O.R. and non-O.R. designations. In Version 37
of the ICD-10 MS-DRGs, ICD-10-PCS procedure codes 06H003T, 06H003Z,
06H033T, 06H033Z, and 06H043Z identify the insertion of an infusion
device into the inferior vena cava with various approaches and are
classified as Non-O.R. procedures. ICD-10-PCS procedure codes 06H00DZ,
06H03DZ, and 06H04DZ identify the insertion of an intraluminal device
into the inferior vena cava (IVC filter procedure) with various
approaches and are classified as extensive O.R. procedures. Our
clinical advisors indicated that codes 06H00DZ, 06H03DZ, and 06H04DZ
describing the insertion of an intraluminal device into the inferior
vena cava do not require the resources of an operating room, that the
procedure to insert an IVC filter is not surgical in nature and that
these procedures are comparable to the related ICD-10-PCS procedure
codes that describe the insertion of infusion devices into the inferior
vena cava that are currently designated as Non-O.R. procedures. Our
clinical advisors believe that, given the similarity in factors such as
complexity, resource utilization, and lack of a requirement for
anesthesia administration between all procedures describing insertion
of a device into the inferior vena cava, it would be more appropriate
to designate these three ICD-10-PCS codes describing the insertion of
an intraluminal device into the inferior vena cava as Non-O.R.
procedures. Therefore, we are proposing to remove ICD-10-PCS procedure
codes 06H00DZ, 06H03DZ, and 06H04DZ from the FY 2021 ICD-10 MS-DRG
Version 38 Definitions Manual in Appendix E--Operating Room Procedures
and Procedure Code/MS-DRG Index as O.R. procedures. Under this
proposal, these procedures would no longer impact MS-DRG assignment.
10. Review of Procedure Codes in MS-DRGs 981 Through 983 and 987
Through 989
We annually conduct a review of procedures producing assignment to
MS-DRGs 981 through 983 (Extensive O.R. Procedure Unrelated to
Principal Diagnosis with MCC, with CC, and without CC/MCC,
respectively) or MS-DRGs 987 through 989 (Non-Extensive O.R. Procedure
Unrelated to Principal Diagnosis with MCC, with CC, and without CC/MCC,
respectively) on the basis of volume, by procedure, to see if it would
be appropriate to move cases reporting these procedure codes out of
these MS-DRGs into one of the surgical MS-DRGs for the MDC into which
the principal diagnosis falls. The data are arrayed in two ways for
comparison purposes. We look at a frequency count of each major
operative procedure code. We also compare procedures across MDCs by
volume of procedure codes within each MDC. We use this information to
determine which procedure codes and diagnosis codes to examine.
We identify those procedures occurring in conjunction with certain
principal diagnoses with sufficient frequency to justify adding them to
one of the surgical MS-DRGs for the MDC in which the diagnosis falls.
We also consider whether it would be more appropriate to move the
principal diagnosis codes into the MDC to which the procedure is
currently assigned.
In addition to this internal review, we also consider requests that
we receive to examine cases found to group to MS-DRGs 981 through 983
or MS-DRGs 987 through 989 to determine if it would be appropriate to
add procedure codes to one of the surgical MS DRGs for the MDC into
which the principal diagnosis falls or to move the principal diagnosis
to the surgical MS DRGs to which the procedure codes are assigned.
Based on the results of our review of the claims data from the
September 2019 update of the FY 2019 MedPAR file, as well as our review
of the requests that we received to examine cases found to group to MS-
DRGs 981 through 983 or MS-DRGs 987 through 989, we are proposing to
move the cases reporting the procedures and/or principal diagnosis
codes described in this section of this rule from MS-DRGs 981 through
983 or MS-DRGs 987 through 989 into one of the surgical MS-DRGs for the
MDC into which the principal diagnosis or procedure is assigned.
[[Page 32527]]
a. Horseshoe Abscess With Drainage
We received a request to reassign cases reporting a principal
diagnosis of a horseshoe abscess with a procedure involving open
drainage of perineum subcutaneous tissue and fascia from MS-DRGs 987,
988, and 989 (Non-Extensive O.R. Procedure Unrelated to Principal
Diagnosis with MCC, with CC, and without CC/MCC, respectively) to MS-
DRGs 356, 357, and 358 (Other Digestive System O.R. Procedures with
MCC, with CC, and without CC/MCC, respectively) in MDC 06. ICD-10-CM
diagnosis code K61.31 (Horseshoe abscess) is used to report a horseshoe
abscess and is currently assigned to MDC 06 (Diseases and Disorders of
the Digestive System). A horseshoe abscess is a specific type of
ischiorectal abscess caused by an abscessed anal gland located in the
posterior midline of the anal canal with suppuration found in the
ischiorectal fossae. ICD-10-PCS procedure code 0J9B0ZZ (Drainage of
perineum subcutaneous tissue and fascia, open approach) may be reported
to describe drainage of an abscess in the ischiorectal space and is
currently assigned to MDC 08 (Diseases and Disorders of the
Musculoskeletal System and Connective Tissue), MDC 09 (Diseases and
Disorders of the Skin, Subcutaneous Tissue and Breast), MDC 21
(Injuries, Poisonings and Toxic Effects of Drugs) and MDC 24 (Multiple
Significant Trauma).
Our analysis of this grouping issue confirmed that, when a
horseshoe abscess is reported as a principal diagnosis with ICD-10-PCS
procedure code 0J9B0ZZ, these cases group to MS-DRGs 987, 988, and 989.
As previously noted, whenever there is a surgical procedure reported on
the claim that is unrelated to the MDC to which the case was assigned
based on the principal diagnosis, it results in an MS-DRG assignment to
a surgical class referred to as ``unrelated operating room
procedures''.
We examined the claims data to identify cases reporting procedure
code 0J9B0ZZ with a principal diagnosis of K61.31 that are currently
grouping to MS-DRGs 987, 988, and 989. Our findings are shown in this
table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.063
As previously noted, the requestor asked that we reassign these
cases to MS-DRGs 356, 357, and 358. We therefore examined the data for
all cases in MS-DRGs 356, 357, and 358. Our findings are shown in this
table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.064
While our clinical advisors noted that the average length of stay
and average costs of cases in MS-DRGs 356, 357, and 358 are higher than
the average length of stay and average costs for the small subset of
cases reporting procedure code 0J9B0ZZ and a principal diagnosis code
of K61.31 in MS-DRGs 987, 988, and 989, they believe that the procedure
is clearly clinically related to the principal diagnosis and is a
logical accompaniment of the diagnosis. Therefore, they believe it is
clinically appropriate for the procedure to group to the same MS-DRGs
as the principal diagnosis.
Therefore, we are proposing to add ICD-10-PCS procedure code
0J9B0ZZ to MDC 06 in MS-DRGs 356, 357, and 358. Under this proposal,
cases reporting procedure code 0J9B0ZZ in conjunction with a principal
diagnosis from MDC 06, such as diagnosis code K61.31, would group to
MS-DRGs 356, 357, and 358.
b. Chest Wall Deformity With Supplementation
We received a request to reassign cases reporting a principal
diagnosis of acquired deformity of chest and rib with a procedure
involving the placement of a biological or synthetic material that
supports or strengthens the body part from MS-DRGs 981, 982, and 983
(Extensive O.R. Procedure Unrelated to Principal Diagnosis with MCC,
with CC, and without CC/MCC, respectively) to MS-DRGs 515, 516, and 517
(Other Musculoskeletal System and Connective Tissue O.R. Procedures,
with MCC, with CC, and without CC/MCC, respectively) in MDC 08.
ICD-10-CM diagnosis code M95.4 (Acquired deformity of chest and
rib) is used to report this condition and is currently assigned to MDC
08 (Diseases and Disorders of the Musculoskeletal System and Connective
Tissue). ICD-10-PCS procedure codes 0WU807Z (Supplement chest wall with
autologous tissue substitute, open approach), 0WU80JZ (Supplement chest
wall with synthetic substitute, open approach)
[[Page 32528]]
and 0WU80KZ (Supplement chest wall with nonautologous tissue
substitute, open approach) may be reported to describe procedures to
supplement or reinforce the chest wall with biologic or synthetic
material. ICD-10-PCS procedure codes 0WU807Z and 0WU80KZ are currently
assigned to MDC 04 (Diseases and Disorders of the Respiratory System).
We note that ICD-10-PCS procedure code 0WU80JZ is already assigned to
MDC 08 (Diseases and Disorders of the Musculoskeletal System and
Connective Tissue) as well as MDC 04 (Diseases and Disorders of the
Respiratory System), so these cases already group to MS-DRGs 515, 516,
and 517 when reported with a principal diagnosis of ICD-10-CM diagnosis
code M95.4.
Our analysis of this grouping issue confirmed that when diagnosis
code M95.4 is reported as a principal diagnosis with ICD-10-PCS
procedure codes 0WU807Z or 0WU80KZ, these cases group to MS-DRGs 981,
982, and 983. As noted in the previous discussion, whenever there is a
surgical procedure reported on the claim that is unrelated to the MDC
to which the case was assigned based on the principal diagnosis, it
results in an MS-DRG assignment to a surgical class referred to as
``unrelated operating room procedures''.
We examined the claims data to identify cases reporting procedure
codes 0WU807Z or 0WU80KZ with principal diagnosis code M95.4 that are
currently grouping to MS-DRGs 981, 982, and 983. Our analysis showed
one case reporting a principal diagnosis of code M95.4 with procedure
code 0WU807Z, with a length of stay of 2.0 days and average costs of
$11,594 in MS-DRG 983. We found zero cases in MS-DRGs 981 and 982
reporting procedure codes 0WU807Z or 0WU80KZ and a principal diagnosis
of M95.4.
We also examined the data for cases in MS-DRGs 515, 516, and 517,
and our findings are shown in this table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.065
While there is only one case reporting procedure codes 0WU807Z or
0WU80KZ with principal diagnosis M95.4 in MS-DRGs 981, 982, and 983,
our clinical advisors reviewed this request and believe that the cases
involving procedures of chest wall supplementation with a principal
diagnosis of acquired deformity of chest and rib represent a distinct,
recognizable clinical group similar to those cases in MS-DRGs 515, 516,
and 517, and that procedures reporting 0WU80JZ and 0WU80KZ are clearly
related to the principal diagnosis code. They believe that it is
clinically appropriate for the three ICD-10-PCS codes describing
procedures to supplement or reinforce the chest wall with biologic or
synthetic material to group to the same MS-DRGs as the principal
diagnoses.
Therefore, we are proposing to add ICD-10-PCS procedure codes
0WU807Z and 0WU80KZ to MDC 08 in MS-DRGs 515, 516, and 517. Under this
proposal, cases reporting procedure codes 0WU807Z or 0WU80KZ in
conjunction with a principal diagnosis code from MDC 08 would group to
MS-DRGs 515, 516, and 517.
c. Hepatic Malignancy With Hepatic Artery Embolization
We received a request to reassign cases for hepatic malignancy when
reported with procedures involving the embolization of a hepatic artery
from MS-DRGs 987, 988, and 989 (Non-Extensive O.R. Procedure Unrelated
to Principal Diagnosis with MCC, with CC, and without CC/MCC,
respectively) to MS-DRGs 423, 424, and 425 (Other Hepatobiliary or
Pancreas Procedures with MCC, with CC, and without CC/MCC,
respectively) in MDC 08.
ICD-10-PCS procedure code 04V33DZ (Restriction of hepatic artery
with intraluminal device, percutaneous approach) may be reported to
describe embolization procedures to narrow or partially occlude a
hepatic artery with an intraluminal device and is currently assigned to
MDC 05 (Diseases and Disorders of the Circulatory System). ICD-10-PCS
procedure code 04L33DZ (Occlusion of hepatic artery with intraluminal
device, percutaneous approach) may be reported to describe embolization
procedures to completely close off a hepatic artery with an
intraluminal device and is currently assigned to MDC 05 (Diseases and
Disorders of the Circulatory System) and MDC 06 (Diseases and Disorders
of the Digestive System).
The requestor did not provide an ICD-10-CM diagnosis code in its
request so we reviewed ICD-10-CM diagnosis codes in the C00 through D49
code range to identify conditions that describe hepatic malignancies.
We identified the following fourteen ICD-10-CM diagnosis codes, all
currently assigned to MDC 07 (Diseases and Disorders of the
Hepatobiliary System & Pancreas):
[[Page 32529]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.066
Our analysis of this grouping issue confirmed that, when one of the
fourteen hepatic malignancy ICD-10-CM diagnosis codes previously listed
is reported as a principal diagnosis with ICD-10-PCS procedure code
04L33DZ, these cases group to MS-DRGs 987, 988, and 989. However, we
noted that when one of these fourteen hepatic malignancy ICD-10-CM
diagnosis codes is reported as a principal diagnosis with ICD-10-PCS
procedure code 04V33DZ, these cases currently group to MS DRGs 981,
982, and 983 (Extensive O.R. Procedure Unrelated to Principal Diagnosis
with MCC, with CC, and without CC/MCC, respectively). As noted in the
previous discussion, whenever there is a surgical procedure reported on
the claim that is unrelated to the MDC to which the case was assigned
based on the principal diagnosis, it results in an MS-DRG assignment to
a surgical class referred to as ``unrelated operating room
procedures''.
To understand the resource use for the subset of cases reporting
procedure code 04V33DZ with a principal diagnosis of hepatic malignancy
that are currently grouping to MS-DRGs 981, 982, and 983, we examined
claims data for the average length of stay and average costs for these
cases. Our findings are shown in the following table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.067
We then examined the claims data to identify cases reporting
procedure code 04L33DZ reported with a principal diagnosis of hepatic
malignancy that are currently grouping to MS-DRGs 987, 987, and 989.
Our findings are shown in the following table:
[[Page 32530]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.068
We also examined the data for cases in MS-DRGs 423, 424, and 425,
and our findings are shown in the following table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.069
While the average lengths of stay of cases in MS-DRGs 423, 424, and
425 are longer than the average lengths of stay for the subset of cases
reporting procedure codes 04V33DZ or 04L33DZ and a principal diagnosis
of hepatic malignancy, the average costs of these same cases are
generally similar. Our clinical advisors also believe that these
procedures are clearly related to the principal diagnoses, as they are
an appropriate treatment for a number of hepatobiliary diagnoses,
including cancer and it is clinically appropriate for the procedures to
group to the same MDC as the principal diagnoses.
Therefore, we are proposing to add ICD-10-PCS procedure codes
04V33DZ and 04L33DZ to MDC 07 in MS-DRGs 423, 424 and 425. Under this
proposal, cases reporting procedure codes 04V33DZ or 04L33DZ in
conjunction with a principal diagnosis code for a hepatic malignancy
from MDC 07 would group to MS-DRGs 423, 424 and 425.
d. Hemoptysis With Percutaneous Artery Embolization
We received a request to reassign cases for hemoptysis when
reported with a procedure describing percutaneous embolization of an
upper artery with an intraluminal device from MS-DRGs 981, 982, and 983
(Extensive O.R. Procedure Unrelated to Principal Diagnosis with MCC,
with CC, and without CC/MCC, respectively) to MS-DRGs 163, 164, and 165
(Major Chest Procedures with MCC, with CC, and without CC/MCC,
respectively) in MDC 04. Hemoptysis is the expectoration of blood from
some part of the respiratory tract. ICD-10-CM diagnosis code R04.2
(Hemoptysis) is used to report this condition and is currently assigned
to MDC 04 (Diseases and Disorders of the Respiratory System). ICD-10-
PCS procedure code 03LY3DZ (Occlusion of upper artery with intraluminal
device, percutaneous approach) may be reported to describe percutaneous
embolization of an upper artery with an intraluminal device and is
currently assigned to MDC 05 (Diseases and Disorders of the Circulatory
System), MDC 21 (Injuries, Poisonings and Toxic Effects of Drugs) and
MDC 24 (Multiple Significant Trauma).
Our analysis of this grouping issue confirmed that when a procedure
describing percutaneous embolization of an upper artery with an
intraluminal device (such as ICD-10-PCS procedure code 03LY3DZ) is
reported with a principal diagnosis from MDC 04, such as R04.2, these
cases group to MS-DRGs 981, 982, and 983. During our review of this
issue, we also examined claims data for similar procedures 03LY0DZ
(Occlusion of upper artery with intraluminal device, open approach) and
03LY4DZ (Occlusion of upper artery with intraluminal device,
percutaneous endoscopic approach) and noted the same pattern. As noted
in the previous discussion, whenever there is a surgical procedure
reported on the claim that is unrelated to the MDC to which the case
was assigned based on the principal diagnosis, it results in an MS-DRG
assignment to a surgical class referred to as ``unrelated operating
room procedures''.
We examined the claims data to identify cases reporting procedure
codes 03LY0DZ, 03LY3DZ or 03LY4DZ with a principal diagnosis from MDC
04 that are currently grouping to MS-DRGs 981, 982, and 983. Our
findings are shown in this table:
[[Page 32531]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.070
As indicated earlier, the requestor suggested that we move ICD-10-
PCS procedure code 03LY3DZ to MS-DRGs 163, 164, and 165. However, our
clinical advisors believe that, within MDC 04, procedure codes
describing percutaneous embolization of an upper artery with an
intraluminal device are more clinically aligned with the procedure
codes assigned to MS-DRGs 166, 167, and 168 (Other Respiratory System
O.R. Procedures with MCC, with CC and without CC/MCC, respectively), as
these procedures would not be considered major chest procedures.
Therefore, we examined claims data to identify the average length of
stay and average costs for cases assigned to MS-DRGs 166, 167 and 168.
Our findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.071
While our clinical advisors noted that the average costs of cases
in MS-DRGs 166, 167, and 168 are lower than the average costs for the
subset of cases reporting procedure codes 03LY0DZ, 03LY3DZ or 03LY4DZ
and a principal diagnosis code from MDC 04, they believe that these
procedures are clearly related to the principal diagnoses as these
procedures are appropriate for certain respiratory tract diagnoses.
Therefore, it is clinically appropriate for the procedures to group to
the same MDC as the principal diagnoses.
Therefore, we are proposing to add ICD-10-PCS procedure codes
03LY0DZ, 03LY3DZ and 03LY4DZ to MDC 04 in MS-DRGs 166, 167, and 168.
Under this proposal, cases reporting procedure codes 03LY0DZ, 03LY3DZ
or 03LY4DZ in conjunction with a principal diagnosis code from MDC 04
such as hemoptysis (R04.2) would group to MS-DRGs 166, 167, and 168.
e. Acquired Coagulation Factor Deficiency With Percutaneous Artery
Embolization
We received a request to reassign cases for acquired coagulation
factor deficiency when reported with a procedure describing the
complete occlusion of an artery with an intraluminal device from MS-
DRGs 981, 982, and 983 (Extensive O.R. Procedure Unrelated to Principal
Diagnosis with MCC, with CC, and without CC/MCC, respectively) to MS-
DRGs 252, 253 and 254 (Other Vascular Procedures with MCC, with CC, and
without CC/MCC, respectively) or 270, 271, and 272 (Other Major
Cardiovascular Procedures with MCC, with CC, and without CC/MCC,
respectively) in MDC 05 (Diseases and Disorders of the Circulatory
System). The requestor asked that we reassign ICD-10-CM diagnosis code
D68.4 (Acquired coagulation factor deficiency) from MDC 16 (Diseases
and Disorders of Blood, Blood Forming Organs, Immunologic Disorders) in
MS-DRG 813 (Coagulation Disorders), to MDC 05. The requestor provided
the following list of 59 ICD-10-PCS procedure codes describing the
complete occlusion of an artery with an intraluminal device in its
request for consideration to reassign the ICD-10-CM diagnosis code for
acquired coagulation factor deficiency to MDC 05. The requester noted
that the diagnosis of Hemorrhage, not elsewhere classified (ICD-10-CM
diagnosis code R58) groups to MS-DRGs 252, 253 and 254 or 270, 271, and
272 in MDC 05 when reported with one of the 59 ICD-10-PCS procedure
codes listed and requested that cases reporting a diagnosis describing
acquired coagulation factor deficiency also group to those MS-DRGs when
reported with one of the 59 ICD-10-PCS procedure codes listed.
BILLING CODE 4120-01-P
[[Page 32532]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.072
[[Page 32533]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.073
BILLING CODE 4120-01-C
Our analysis of this grouping issue confirmed that, when diagnosis
code D68.4 is reported as a principal diagnosis with one of the 59 ICD-
10-PCS procedure codes provided by the requestor, these cases group to
MS-DRGs 981, 982, and 983. As noted in the previous discussion,
whenever there is a surgical procedure reported on the claim that is
unrelated to the MDC to which the case was assigned based on the
principal diagnosis, it results in an MS-DRG assignment to a surgical
class referred to as ``unrelated operating room procedures''.
We examined the claims data to identify cases involving the 59
procedure codes in MDC 05 reported with a principal diagnosis of code
D68.4 that are currently grouping to MS-DRGs 981, 982, and 983. Our
analysis showed one case reported a principal diagnosis of D68.4 with a
procedure code in MDC 05, with a length of stay of 2.0 days and costs
of $21,890 in MS-DRG 981. We found zero cases in MS-DRGs 982 and 983
reporting a procedure code from MDC 05 and a principal diagnosis of
code M95.4.
Overall, for MS-DRGs 981, 982, and 983, there was a total of one
case reporting a principal diagnosis of acquired coagulation factor
deficiency with any of the procedures from MDC 05 provided by the
requestor, demonstrating that acquired coagulation factor deficiency is
not typically corrected surgically by occlusion of an artery with an
intraluminal device.
We also examined the data for cases in MS-DRG 813, and our findings
are shown in this table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.074
As shown in this table, there were a total of 16,680 cases in MS-
DRG 813, with an average length of stay of 4.7 days and average costs
of $11,286. In MS-DRG 813, we found 142 cases reporting a principal
diagnosis of an acquired coagulation factor deficiency with an average
length of stay of 6.41 days and average costs of $17,822. We note that
the average costs for the subset of cases in MS-DRG 813 reporting a
principal diagnosis of an acquired coagulation factor deficiency are
higher than the average costs of all cases that currently group to MS-
DRG 813. However, our clinical advisors believe that diagnosis code
D68.4 describes acquired bleeding disorders in which the affected
person lacks the necessary coagulation factors for proper clot
formation and wound healing, and therefore, is most clinically aligned
with the diagnosis codes assigned to MDC 16 (where it is currently
assigned). Our clinical advisors further note that a diagnosis of an
acquired bleeding disorder is not comparable to conditions described by
the ICD-10-CM code R58 (Hemorrhage, not elsewhere classified) as
suggested by the requestor. Diagnoses described by codes from Chapter
18 (Symptoms, Signs and Abnormal Clinical and Laboratory Findings) of
ICD-10-CM, such as R58, can be the result of a variety of underlying
conditions, or describe conditions of an unexplained etiology. As an
ill-defined condition, our clinical advisors do not believe it is
appropriate to equate this diagnosis code with a bleeding disorder.
Therefore, we are not proposing to reassign ICD-10-CM diagnosis code
D68.4 from MDC 16 to MDC 05.
f. Epistaxis With Percutaneous Artery Embolization
We received a request to consider adding cases for a hemorrhage of
the nose when reported with a procedure describing percutaneous
arterial embolization to MDC 03 (Disease and Disorders of the Ear,
Nose, Mouth and Throat) in MS-DRGs 133 and 134 (Other Ear, Nose, Mouth
and Throat O.R. Procedures with CC/MCC and without CC/MCC,
respectively). ICD-10-CM diagnosis code R04.0 (Epistaxis) is used to
describe a hemorrhage of the nose or ``nosebleed'' and is currently
assigned to MDC 03. ICD-10-PCS procedure codes
[[Page 32534]]
describing percutaneous arterial embolization may be reported with
procedure codes 03LM3DZ (Occlusion of right external carotid artery
with intraluminal device, percutaneous approach), 03LN3DZ (Occlusion of
left external carotid artery with intraluminal device, percutaneous
approach), or 03LR3DZ (Occlusion of face artery with intraluminal
device, percutaneous approach) and are currently assigned to several
MS-DRGs in five MDCs as illustrated in the table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.075
According to the requestor, when diagnosis code R04.0 is reported
as a principal diagnosis with any one of the procedure codes describing
a percutaneous arterial embolization (03LM3DZ, 03LN3DZ, or 03LR3DZ),
these cases are grouping to MS-DRGs 981, 982, and 983 (Extensive O.R.
Procedure Unrelated to Principal Diagnosis with MCC, with CC, and
without CC/MCC, respectively).
Our analysis of this grouping issue confirmed that, when epistaxis
(ICD-10-CM diagnosis code R04.0) is reported as a principal diagnosis
with ICD-10-PCS procedure codes 03LM3DZ, 03LN3DZ, or 03LR3DZ, these
cases group to MS-DRGs 981, 982, and 983. The reason for this grouping
is because whenever there is a surgical procedure reported on a claim
that is unrelated to the MDC to which the case was assigned based on
the principal diagnosis, it results in an MS-DRG assignment to a
surgical class referred to as ``unrelated operating room procedures.''
For our review of this grouping issue and the request to have cases
reporting procedure codes 03LM3DZ, 03LN3DZ, or 03LR3DZ added to MDC 03
in MS-DRGs 133 through 134, we examined claims data from September 2019
update of the FY 2019 MedPAR file for cases reporting ICD-10-PCS
procedure codes 03LM3DZ, 03LN3DZ, or 03LR3DZ with a principal diagnosis
of R0.40 from MDC 03 that currently group to MS-DRGs 981 through 983.
Our findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.076
We then examined the claims data to identify the average length of
stay and average costs for all cases in MS-DRGs 133 and 134. Our
findings are shown in the table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.077
As shown in the table, for MS-DRG 133, there were a total of 1,757
cases with an average length of stay of 5.6 days and average costs of
$15,337. For MS-DRG 134, there were a total of 849 cases with an
average length of stay of 2.5 days and average costs of $9,512. Our
clinical advisors believe that procedure codes 03LM3DZ, 03LN3DZ,
[[Page 32535]]
and 03LR3DZ are appropriate procedures to treat commonly occurring ear,
nose, and throat bleeding diagnoses and expressed support for these
procedure codes to group to MDC 03.
We note that, as discussed in section II.D.4 of the preamble of
this proposed rule, we are proposing to delete MS-DRGs 133 and 134 and
create proposed new MS-DRGs 143, 144, and 145 (Other Ear, Nose, Mouth
and Throat O.R. Procedures with MCC, with CC, and without CC/MCC,
respectively). Therefore, we are proposing to add ICD-10-PCS procedure
codes 03LM3DZ, 03LN3DZ, and 03LR3DZ to MDC 03 in proposed new MS-DRGs
143, 144, and 145, if finalized. Under this proposal, cases reporting
ICD-10-PCS procedure codes 03LM3DZ, 03LN3DZ, or 03LR3DZ with a
principal diagnosis from MDC 03 would group to proposed new MS-DRGs
143, 144, and 145.
The following table reflects our simulation for ICD-10-PCS
procedure codes 03LM3DZ, 03LN3DZ, and 03LR3DZ in proposed new MS-DRGs
143, 144, and 145.
[GRAPHIC] [TIFF OMITTED] TP29MY20.078
g. Revision or Removal of Synthetic Substitute in Peritoneal Cavity
During the review of the cases that group to MS-DRGs 981 through
983, we noted that when several ICD-10-PCS procedure codes describing
revision or removal of synthetic substitute in the peritoneal cavity
are reported in conjunction with ICD-10-CM diagnosis codes in MDC 01
(Diseases and Disorders of the Nervous System), such as complications
of intracranial shunts, the cases group to MS-DRGs 981 through 983.
ICD-10-PCS procedure codes 0WWG0JZ (Revision of synthetic substitute in
peritoneal cavity, open approach), 0WWG4JZ (Revision of synthetic
substitute in peritoneal cavity, percutaneous endoscopic approach), and
0WPG0JZ (Removal of synthetic substitute from peritoneal cavity, open
approach) are currently assigned to MDC 06 (Diseases and Disorders of
the Digestive System) in MS-DRGs 356, 357, and 358 (Other Digestive
System O.R. Procedures with MCC, with CC, and without CC/MCC,
respectively).
We examined cases that reported a principal diagnosis in MDC 01 and
procedure code 0WWG0JZ, 0WWG4JZ, or 0WPG0JZ that currently group to MS-
DRGs 981 through 983. Our findings are shown in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.079
Within MDC 01, our clinical advisors believe that these procedures,
which describe revision or removal of synthetic substitute in
peritoneal cavity, are most clinically similar to those in MS-DRGs 031,
032, and 033 (Ventricular Shunt Procedures with MCC, with CC, and
without CC/MCC, respectively). We therefore examined the data for all
cases in MS-DRGS 031, 032, and 033.
[[Page 32536]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.080
The average costs for the subset of cases in MS-DRGs 981, 982, and
983 that report procedures describing revision or removal of synthetic
substitute in the peritoneal cavity with a principal diagnosis from MDC
01 are lower than the average costs of cases in MS-DRGs 031, 032, and
033 as a whole, and the average length of stay for this subset of cases
is also lower in two of the MS-DRGs and higher in one. Our clinical
advisors believe the procedure codes describing revision or removal of
synthetic substitute in the peritoneal cavity are clearly related to
the principal diagnosis codes describing complications of intracranial
shunts and, therefore, it is clinically appropriate for the procedures
to group to the same MS-DRGs (031, 032, and 033) as the principal
diagnoses describing complications of intracranial shunts. We are
proposing to add ICD-10-PCS procedure codes 0WWG0JZ, 0WWG4JZ, and
0WPG0JZ to MDC 01 (Diseases and Disorders of the Nervous System) in MS-
DRGs 031, 032, and 033.
h. Revision of Totally Implantable Vascular Access Devices
During the review of the cases that group to MS-DRGs 981 through
983, we noted that when procedure codes describing Totally Implantable
Vascular Access Devices (TIVADs) are reported with ICD-10-CM diagnosis
codes assigned to MDC 04 (Diseases and Disorders of the Respiratory
System), MDC 06 (Diseases and Disorders of the Digestive System), MDC
07 (Diseases and Disorders of the Hepatobiliary System and Pancreas),
MDC 08 (Diseases and Disorders of the Musculoskeletal System and
Connective Tissue), MDC 13 (Diseases and Disorders of the Female
Reproductive System), or MDC 16 (Diseases and Disorders of Blood, Blood
Forming Organs, Immunologic Disorders), the cases group to MS-DRGs 981
through 983.
TIVADs are port catheter devices inserted for chemotherapy
treatment. The nine ICD-10-PCS procedure codes describing TIVADs are
listed in this table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.081
We examined claims data to identify the average length of stay and
average costs for cases in MS-DRGs 981 through 983 reporting ICD-10-PCS
procedure codes describing TIVADs in conjunction with a principal
diagnosis from MDCs 04, 06, 07, 08, 13, or 16. Our findings are shown
in the following table.
[[Page 32537]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.082
Our clinical advisors believe that cases reporting TIVADs with a
principal diagnosis in MDCs 04, 06, 07, 08, 13, or 16 would most
suitably group to the MS-DRGs describing ``Other'' procedures for each
of these MDCs. These TIVAD procedures cannot be assigned to the
specific surgical MS-DRGs within these MDCs since they are not
performed on the particular anatomical areas described by each of the
specific surgical MS-DRGs. For example, in MDC 04, TIVADs could not be
assigned to MS-DRGs 163, 164, and 165 (Major Chest Procedures with MCC,
with CC, and without CC/MCC, respectively) because they are not major
chest procedures.
We therefore examined the claims data for each of these MS-DRGs.
Our findings are shown in the following table.
[[Page 32538]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.083
We note that while the average costs and length of stay are similar
in some cases and in some cases vary between the subset of cases
currently grouping to MS-DRGs 981 through 983 and the cases currently
grouping to the MS-DRGs describing ``Other'' procedures as set forth in
the table, our clinical advisors noted that TIVADs are frequently
inserted in order to administer chemotherapy for a variety of
malignancies. MDCs 04, 06, 07, 08, 13, or 16 each contain ICD-10-CM
diagnosis codes that describe a variety of malignancies. Therefore, our
clinical advisors believe that the TIVAD procedures are clearly related
to the principal diagnoses within MDCs 04, 06, 07, 08, 13, and 16. For
the reasons previously indicated, our clinical advisors believe that
cases reporting TIVADs with a principal diagnosis in MDCs 04, 06, 07,
08, 13, or 16 would mostly suitably group to the MS-DRGs describing
``Other'' procedures for each of these MDCs.
Therefore, we are proposing to add the nine ICD-10-PCS procedure
codes describing TIVADs as set forth in the table to the MS-DRGs
describing ``Other'' procedures within each of MDCs 04, 06, 07, 08, 13,
and 16, specifically: MDC 04 in MS-DRGs 166, 167, and 168, MDC 06 in
MS-DRGs 356, 357, and 358, MDC 07 in MS-DRGs 423, 424, and 425, MDC 08
in MS-DRGs 515, 516, and 517, MDC 13 in MS-DRGs 749 and 750, and MDC 16
in MS-DRGs 802, 803, and 804. Under this proposal, cases reporting a
principal diagnosis in MDCs 04, 06, 07, 08, 13, or 16 with a TIVAD
procedure would group to the respective MS-DRGs within the MDC.
i. Multiple Trauma With Internal Fixation of Joints
For FY 2020, we received a request to reassign cases involving
diagnoses that identify multiple significant trauma combined with
internal fixation of joint procedures from MS-DRGs 981, 982, and 983
(Extensive O.R. Procedure Unrelated to Principal Diagnosis with MCC,
with CC, and without CC/MCC, respectively) to MS-DRGs 957, 958, and 959
(Other O.R. Procedures for Multiple Significant Trauma with MCC, with
CC, and without CC/MCC, respectively) in MDC 24 (Multiple Significant
Trauma). The requestor provided an example of several ICD-10-CM
diagnosis codes that together described multiple significant trauma in
conjunction with ICD-10-PCS procedure codes beginning with the prefix
``0RH'' and ``0SH'' that describe internal fixation of upper and lower
joints. The requestor provided several suggestions to address this
reassignment, including: Adding all ICD-10-PCS procedure codes from MDC
08 (Diseases and Disorders of the Musculoskeletal System and Connective
Tissue) with the exception of codes that group to MS-DRG 956 (Limb
Reattachment, Hip and Femur Procedures for Multiple Significant Trauma)
to MS DRGs 957, 958, and 959; adding codes with the prefix ``0RH'' and
``0SH'' to MDC 24; and adding ICD-10-PCS procedure codes from all MDCs
except those that currently group to MS-DRG 955 (Craniotomy for
Multiple Significant Trauma) or MS-DRG 956 (Limb Reattachment, Hip and
Femur Procedures for Multiple Significant Trauma) to MS-DRGs 957, 958,
and 959 in MDC 24. In the FY 2020 IPPS/LTCH PPS proposed rule, we
stated that we believe any potential reassignment of these cases
requires significant analysis. We therefore did not propose any changes
to the cases identified by the requestor.
For FY 2021, as the first step of the comprehensive analysis needed
to assess the reassignment of cases involving diagnoses that identify
multiple significant trauma combined with internal fixation of joint
procedures, our clinical advisors reviewed the list of procedure codes
in the ``0RH'' and ``0SH'' code ranges, as
[[Page 32539]]
suggested by the requestor. Our clinical advisors identified 161 ICD-
10-PCS codes, which are listed in table 6P.1f., that they believe are
clinically related to diagnoses assigned to MDC 24. We examined the
claims data for cases that would be assigned to MDC 24 based on their
diagnoses, but currently group to MS-DRGs 981 through 983 based on the
presence of procedure codes in the ``0RH'' and ``0SH'' code ranges. Our
findings are shown in this table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.084
We note that we found only 8 claims, with varying lengths of stay
and average costs. We also examined the claims data for all cases in
MS-DRGs 957, 958, and 959. Our findings are shown in this table.
[[Page 32540]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.085
The very small number of claims we identified for cases that would
be assigned to MDC 24 based on their diagnoses, but grouped to MS-DRGs
981 through 983 based on the presence of procedure codes in the ``0RH''
and ``0SH'' code ranges, have varying resource use relative to MS-DRGs
957, 958, and 959 as a whole. The average costs of the cases found in
MS-DRGs 981-983 range from $7,015 to $72,331 with average lengths of
stay ranging from 3 days to 14 days. The average costs of the cases
found in MS-DRGs 957-959 range from $20,563 to $54,771 with average
lengths of stay ranging from 5 days to 13.2 days. Given the nature of
trauma cases, the resource use would be expected to vary based on the
nature of the patient's injuries. In addition, as noted, our clinical
advisors believe that these procedure codes are clinically related to
the diagnoses in MDC 24. Therefore, we are proposing to add the 161
ICD-10-PCS codes shown in Table 6P.1f to MDC 24 in MS-DRGs 957, 958,
and 959. Under this proposal, cases that would be assigned to MDC 24
based on their diagnoses, that also report one of the 161 ICD-10-PCS
codes included in table 6P.1f, will group to MDC 24 in MS-DRGs 957,
958, and 959, rather than to MS-DRGs 981 through 983.
We note that while we are making this proposal to address the
grouping issue for internal fixation of upper and lower joint
procedures identified by the requestor, our clinical advisors believe
that a more comprehensive analysis is required within MDC 24 to address
the differences in severity level of diagnoses as well as the
assignment of procedure codes to the MS-DRGs within MDC 24. We plan to
continue this comprehensive analysis in future rulemaking.
j. Reassignment of Procedures Among MS-DRGs 981 Through 983 and 987
Through 989
We also review the list of ICD-10-PCS procedures that, when in
combination with their principal diagnosis code, result in assignment
to MS-DRGs 981 through 983, or 987 through 989, to ascertain whether
any of those procedures should be reassigned from one of those two
groups of MS-DRGs to the other group of MS-DRGs based on average costs
and the length of stay. We look at the data for trends such as shifts
in treatment practice or reporting practice that would make the
resulting MS-DRG assignment illogical. If we find these shifts, we
would propose to move cases to keep the MS-DRGs clinically similar or
to provide payment for the cases in a similar manner. Generally, we
move only those procedures for which we have an adequate number of
discharges to analyze the data.
Based on the results of our review of claims data in the September
2019 update of the FY 2019 MedPAR file, we are proposing to reassign
three procedure codes from MS-DRGs 981, 982, and 983 (Extensive O.R.
Procedure Unrelated to Principal Diagnosis with MCC, with CC, without
CC/MCC, respectively) to MS-DRGs 987, 988, and 989 (Non-Extensive
Procedure Unrelated to Principal Diagnosis with MCC, with CC, without
CC/MCC, respectively). We are also proposing to reassign three
procedure codes from MS-DRGs 987, 988, and 989 (Non-Extensive Procedure
Unrelated to Principal Diagnosis with MCC, with CC, without CC/MCC,
respectively) to MS-DRGs 981, 982, and 983 (Extensive O.R. Procedure
Unrelated to Principal Diagnosis with MCC, with CC, without CC/MCC,
respectively).
In conducting our review of the request to designate ICD-10-PCS
procedure code 0W3G0ZZ (Control bleeding in peritoneal cavity, open
approach) as an O.R. procedure (as described in section II.D.11.c.5. of
this proposed rule), our clinical advisors noted that ICD-10-PCS codes
0W3G3ZZ (Control bleeding in peritoneal cavity, percutaneous approach)
and 0W3G4ZZ (Control bleeding in peritoneal cavity, endoscopic
approach) are currently assigned to MS-DRGs 981 through 983 when
reported with a principal diagnosis that is not assigned to one of the
MDCs to which these procedure codes are assigned. Our clinical advisors
believe that these procedures would be more appropriately assigned to
MS-DRGs 987 through 989 because they are on average less complex and
difficult than the same procedure performed by an open approach, and
therefore should be assigned to the ``less extensive'' DRG. Therefore,
we are proposing to reassign ICD-10-PCS codes 0W3G3ZZ and 0W3G4ZZ from
MS-DRGs 981 through 983 to 987 through 989.
In conducting our review of the request to designate ICD-10-PCS
procedure codes 0WBC4ZX (Excision of mediastinum, percutaneous
endoscopic
[[Page 32541]]
approach, diagnostic) and 0WBC3ZX (Excision of mediastinum,
percutaneous approach, diagnostic) as O.R. procedures (as described in
section II.D.11.c.1. of this proposed rule), our clinical advisors
noted that ICD-10-PCS code 0WBC0ZX (Excision of mediastinum, open
approach, diagnostic) is currently assigned to MS-DRGs 981 through 983
when reported with a principal diagnosis that is not assigned to one of
the MDCs to which the procedure code is assigned. Our clinical advisors
believe that this procedure would be more appropriately assigned to MS-
DRGs 987 through 989 because this assignment is consistent with the
assignment of other procedures that describe excision of the
mediastinum performed by an open, percutaneous, or percutaneous
endoscopic approach, and is consistent with the proposal for procedure
codes 0WBC4ZX and 0WBC3ZX (with diagnostic qualifier) as discussed in
section II.D.11.c.1. of this proposed rule. Therefore, we are proposing
to reassign ICD-10-PCS code 0WBC0ZX from MS-DRGs 981 through 983 to 987
through 989.
We received a request to examine cases reporting a procedure
describing the open excision of gastrointestinal body parts in the
gastrointestinal body system. The requester stated that when procedures
describing the open excision of a specific gastrointestinal body part
in the gastrointestinal body system are reported with a principal
diagnosis such as C49.A3 (Gastrointestinal stromal tumor of small
intestine (GIST)), the cases are assigned to MS-DRGs 987, 988, and 989
(Non-Extensive O.R. Procedure Unrelated to Principal Diagnosis with
MCC, with CC, and without CC/MCC, respectively). However, when
procedures describing the excision of a general gastrointestinal body
part in the gastrointestinal body system are reported with the same
principal diagnosis of GIST, the cases are assigned to MS-DRGs 981,
982, and 983 (Extensive O.R. Procedure Unrelated to Principal Diagnosis
with MCC, with CC, and without CC/MCC, respectively). The requestor
stated that procedures describing a specific body part value should be
assigned to the same MS-DRG as procedures describing a general body
part value.
The requestor provided four ICD-10-PCS procedure codes in its
request. These four ICD-10-PCS procedure codes, as well as their MDC
assignments, are listed in the table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.086
We note that in the FY 2020 IPPS/LTCH PPS final rule (84 FR 42120
through 42122), we finalized our proposal to move seven ICD-10-CM
diagnosis codes describing gastrointestinal stromal tumors (GIST),
including C49.A3, from MDC 08 to MDC 06, under the ICD-10 MS-DRGs
Version 37, effective October 1, 2019. As a result, cases reporting a
principal diagnosis of GIST and a procedure code that is assigned to
MDC 06 (such as ICD-10-PCS codes 0DBA0ZZ, 0DBB0ZZ, 0DB80ZZ, and
0DB90ZZ) now group to MS-DRGs in MDC 06.
Our analysis of this grouping issue found that these four ICD-10-
PCS codes describing related procedures have dissimilar designations
that determine whether and in what way the presence of the procedure
impacts the MS-DRG assignment. ICD-10-PCS code 0DB80ZZ is classified as
an extensive O.R. procedure and ICD-10-PCS codes 0DB90ZZ, 0DBA0ZZ, and
0DBB0ZZ are classified as non-extensive O.R. procedures. As a result,
whenever ICD-10-PCS code 0DB80ZZ is reported with a principal diagnosis
that is assigned to a different MDC than the procedure code, the case
would be assigned to MS-DRGs 981 through 983. When ICD-10-PCS codes
0DB90ZZ, 0DBA0ZZ, or 0DBB0ZZ are reported with a principal diagnosis
that is assigned to a different MDC than the procedure code, the case
would be assigned to MS-DRGs 987 through 989.
We examined the claims data to identify cases reporting procedure
code 0DB80ZZ that are currently grouping to MS-DRGs 981, 982 and 983.
Our findings are shown in this table:
[[Page 32542]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.087
We also examined the claims data to identify cases reporting
procedure codes 0DB90ZZ, 0DBA0ZZ, and 0DBB0ZZ that are currently
grouping to MS-DRGs 987, 988 and 989. Our findings are shown in this
table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.088
The results of our data analysis indicate that cases reporting
procedure codes 0DB90ZZ, 0DBA0ZZ, and 0DBB0ZZ describing the open
excision of a specific gastrointestinal body part in MS-DRGs 987, 988,
and 989 generally have a longer length of stay and higher average costs
when compared to all the cases in their assigned MS-DRG. The subset of
cases reporting 0DB90ZZ, 0DBA0ZZ, and 0DBB0ZZ and the subset of cases
in MS-DRGs 981, 982 and 983 reporting 0DB80ZZ are more closely aligned
in terms of the lengths of stay and average costs. Our clinical
advisors believe that, given the similarity in resource use required
for procedures describing an open excision of a gastrointestinal body
part in terms of the use of an operating room, anesthesia and skills
required, for clinical coherence and consistency in assignment with
ICD-10-PCS code 0DB80ZZ, it would be appropriate to also designate ICD-
10-PCS codes 0DB90ZZ, 0DBA0ZZ, and 0DBB0ZZ as extensive O.R.
procedures.
Therefore, we are proposing to change the designation of ICD-10-PCS
codes 0DB90ZZ, 0DBA0ZZ and 0DBB0ZZ from non-extensive O.R. procedures
to extensive O.R. procedures for FY 2021. Under this proposal, cases
reporting procedure codes 0DB90ZZ, 0DBA0ZZ and 0DBB0ZZ, which are
unrelated to the MDC to which the case would otherwise be assigned
based on the principal diagnosis, will group to MS-DRGs 981, 982 and
983.
11. Operating Room (O.R.) and Non-O.R. Issues
a. Background
Under the IPPS MS-DRGs (and former CMS MS-DRGs), we have a list of
procedure codes that are considered operating room (O.R.) procedures.
Historically, we developed this list using physician panels that
classified each procedure code based on the procedure and its effect on
consumption
[[Page 32543]]
of hospital resources. For example, generally the presence of a
surgical procedure which required the use of the operating room would
be expected to have a significant effect on the type of hospital
resources (for example, operating room, recovery room, and anesthesia)
used by a patient, and therefore, these patients were considered
surgical. Because the claims data generally available do not precisely
indicate whether a patient was taken to the operating room, surgical
patients were identified based on the procedures that were performed.
Generally, if the procedure was not expected to require the use of the
operating room, the patient would be considered medical (non-O.R.).
Currently, each ICD-10-PCS procedure code has designations that
determine whether and in what way the presence of that procedure on a
claim impacts the MS-DRG assignment. First, each ICD-10-PCS procedure
code is either designated as an O.R. procedure for purposes of MS-DRG
assignment (``O.R. procedures'') or is not designated as an O.R.
procedure for purposes of MS-DRG assignment (``non-O.R. procedures'').
Second, for each procedure that is designated as an O.R. procedure,
that O.R. procedure is further classified as either extensive or non-
extensive. Third, for each procedure that is designated as a non-O.R.
procedure, that non-O.R. procedure is further classified as either
affecting the MS-DRG assignment or not affecting the MS-DRG assignment.
We refer to these designations that do affect MS-DRG assignment as
``non-O.R. affecting the MS-DRG.'' For new procedure codes that have
been finalized through the ICD-10 Coordination and Maintenance
Committee meeting process and are proposed to be classified as O.R.
procedures or non-O.R. procedures affecting the MS-DRG, our clinical
advisors recommend the MS-DRG assignment which is then made available
in association with the proposed rule (Table 6B.--New Procedure Codes)
and subject to public comment. These proposed assignments are generally
based on the assignment of predecessor codes or the assignment of
similar codes. For example, we generally examine the MS-DRG assignment
for similar procedures, such as the other approaches for that
procedure, to determine the most appropriate MS-DRG assignment for
procedures proposed to be newly designated as O.R. procedures. As
discussed in section II.D.13 of the preamble of this proposed rule, we
are making Table 6B.--New Procedure Codes--FY 2021 available on the CMS
website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html. We also refer readers to the ICD-
10 MS-DRG Version 37 Definitions Manual at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software.html for detailed information regarding
the designation of procedures as O.R. or non-O.R. (affecting the MS-
DRG) in Appendix E--Operating Room Procedures and Procedure Code/MS-DRG
Index.
In the FY 2020 IPPS/LTCH PPS proposed rule, we stated that, given
the long period of time that has elapsed since the original O.R.
(extensive and non-extensive) and non-O.R. designations were
established, the incremental changes that have occurred to these O.R.
and non-O.R. procedure code lists, and changes in the way inpatient
care is delivered, we plan to conduct a comprehensive, systematic
review of the ICD-10-PCS procedure codes. This will be a multi-year
project during which we will also review the process for determining
when a procedure is considered an operating room procedure. For
example, we may restructure the current O.R. and non-O.R. designations
for procedures by leveraging the detail that is now available in the
ICD-10 claims data. We refer readers to the discussion regarding the
designation of procedure codes in the FY 2018 IPPS/LTCH PPS final rule
(82 FR 38066) where we stated that the determination of when a
procedure code should be designated as an O.R. procedure has become a
much more complex task. This is, in part, due to the number of various
approaches available in the ICD-10-PCS classification, as well as
changes in medical practice. While we have typically evaluated
procedures on the basis of whether or not they would be performed in an
operating room, we believe that there may be other factors to consider
with regard to resource utilization, particularly with the
implementation of ICD-10. Therefore, we are again soliciting feedback
on what factors or criteria to consider in determining whether a
procedure is designated as an O.R. procedure in the ICD-10-PCS
classification system for future consideration. Commenters should
submit their recommendations to the following email address:
[email protected] by October 20, 2020.
We discussed in the FY 2020 IPPS/LTCH PPS proposed rule that as a
result of this planned review and potential restructuring, procedures
that are currently designated as O.R. procedures may no longer warrant
that designation, and conversely, procedures that are currently
designated as non-O.R. procedures may warrant an O.R. type of
designation. We intend to consider the resources used and how a
procedure should affect the MS-DRG assignment. We may also consider the
effect of specific surgical approaches to evaluate whether to subdivide
specific MS-DRGs based on a specific surgical approach. We plan to
utilize our available MedPAR claims data as a basis for this review and
the input of our clinical advisors. As part of this comprehensive
review of the procedure codes, we also intend to evaluate the MS-DRG
assignment of the procedures and the current surgical hierarchy because
both of these factor into the process of refining the ICD-10 MS-DRGs to
better recognize complexity of service and resource utilization.
We will provide more detail on this analysis and the methodology
for conducting this review in future rulemaking. As we noted in the FY
2020 IPPS/LTCH PPS rulemaking, as we continue to develop our process
and methodology, as previously noted, we are soliciting recommendations
on other factors to consider in our refinement efforts to recognize and
differentiate consumption of resources for the ICD-10 MS-DRGs.
In this proposed rule, we are addressing requests that we received
regarding changing the designation of specific ICD-10-PCS procedure
codes from non-O.R. to O.R. procedures, or changing the designation
from O.R. procedure to non-O.R. procedure. In this section of the rule
we discuss the process that was utilized for evaluating the requests
that were received for FY 2021 consideration. For each procedure, our
clinical advisors considered--
Whether the procedure would typically require the
resources of an operating room;
Whether it is an extensive or a nonextensive procedure;
and
To which MS-DRGs the procedure should be assigned.
We note that many MS-DRGs require the presence of any O.R.
procedure. As a result, cases with a principal diagnosis associated
with a particular MS-DRG would, by default, be grouped to that MS-DRG.
Therefore, we do not list these MS-DRGs in our discussion in this
section of this rule. Instead, we only discuss MS-DRGs that require
explicitly adding the relevant procedure codes to the GROUPER logic in
order for those procedure codes to affect the MS-DRG assignment as
intended. In cases where
[[Page 32544]]
we are proposing to change the designation of procedure codes from non-
O.R. procedures to O.R. procedures, we also are proposing one or more
MS-DRGs with which these procedures are clinically aligned and to which
the procedure code would be assigned.
In addition, cases that contain O.R. procedures will map to MS-DRG
981, 982, or 983 (Extensive O.R. Procedure Unrelated to Principal
Diagnosis with MCC, with CC, and without CC/MCC, respectively) or MS-
DRG 987, 988, or 989 (Non-Extensive O.R. Procedure Unrelated to
Principal Diagnosis with MCC, with CC, and without CC/MCC,
respectively) when they do not contain a principal diagnosis that
corresponds to one of the MDCs to which that procedure is assigned.
These procedures need not be assigned to MS-DRGs 981 through 989 in
order for this to occur. Therefore, if requestors included some or all
of MS-DRGs 981 through 989 in their request or included MS-DRGs that
require the presence of any O.R. procedure, we did not specifically
address that aspect in summarizing their request or our response to the
request in this section of this rule.
For procedures that would not typically require the resources of an
operating room, our clinical advisors determined if the procedure
should affect the MS-DRG assignment.
We received several requests to change the designation of specific
ICD-10-PCS procedure codes from non-O.R. procedures to O.R. procedures,
or to change the designation from O.R. procedures to non-O.R.
procedures. In this section of this rule, we detail and respond to some
of those requests. With regard to the remaining requests, our clinical
advisors believe it is appropriate to consider these requests as part
of our comprehensive review of the procedure codes as previously
discussed.
b. O.R. Procedures to Non-O.R. Procedures
(1) Endoscopic Revision of Feeding Devices
One requestor identified three ICD-10-PCS procedure codes that
describe endoscopic revision of feeding devices, shown in the following
table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.089
In the ICD-10 MS-DRG Version 37 Definitions Manual, these three
ICD-10-PCS procedure codes are currently recognized as O.R. procedures
for purposes of MS-DRG assignment. The requestor noted that these
procedures would not require the resources of an operating room and
that they consume resources comparable to related ICD-10-PCS procedure
codes describing the endoscopic insertion of feeding tubes that
currently are designated as Non-O.R. procedures.
We agree with the requestors that these procedures do not typically
require the resources of an operating room, and are not surgical in
nature. Therefore, we are proposing to remove 0DW08UZ, 0DW68UZ, 0DWD8UZ
from the FY 2021 ICD-10 MS-DRGs Version 38 Definitions Manual in
Appendix E--Operating Room Procedures and Procedure Code/MS-DRG Index
as O.R. procedures. Under this proposal, these procedures would no
longer impact MS-DRG assignment.
c. Non-O.R. Procedures to O.R. Procedures
(1) Percutaneous/Endoscopic Biopsy of Mediastinum
One requestor identified ICD-10-PCS procedure code 0WBC4ZX
(Excision of mediastinum, percutaneous endoscopic approach, diagnostic)
that describes a percutaneous endoscopic biopsy of the mediastinum that
the requestor stated is performed in the operating room under general
anesthesia, requires an incision through the chest wall, insertion of a
mediastinoscope in the space between the lungs and involves removal of
a tissue sample. The requestor recommended that all procedures
performed within the mediastinum by an open or percutaneous endoscopic
approach, regardless of whether it is a diagnostic or therapeutic
procedure, should be designated as O.R. procedures because the
procedures require great skill and pose risks to patients due to the
structures contained within the mediastinum. The requestor noted that
the mediastinum contains loose connective tissue, the heart and great
vessels, esophagus, trachea, nerves, and lymph nodes. The requestor
further noted that redesignating these procedures from non-O.R. to O.R.
would provide compensation for operating room resources and general
anesthesia.
We note that under the ICD-10-PCS procedure classification, biopsy
procedures are identified by the 7th digit qualifier value
``diagnostic'' in the code description. In response to the requestor's
suggestion that all procedures performed within the mediastinum by an
open or percutaneous endoscopic approach, regardless of whether it is a
diagnostic or therapeutic procedure should be designated as an O.R.
procedure, we examined the following procedure codes:
[[Page 32545]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.090
In the ICD-10 MS-DRGs Definitions Manual Version 37, procedure
codes 0WBC0ZX, 0WBC0ZZ, 0WBC3ZZ, and 0WBC4ZZ are currently designated
as O.R. procedures, however, procedure codes 0WBC3ZX and 0WBC4ZX are
not recognized as O.R. procedures for purposes of MS-DRG assignment. We
agree with the requestor that procedure code 0WBC4ZX would typically
require the resources of an operating room. Our clinical advisors also
agree that procedure code 0WBC3ZX would typically require the resources
of an operating room. Therefore, we are proposing to add these 2
procedure codes to the FY 2021 ICD-10 MS-DRGs Version 38 Definitions
Manual in Appendix E--Operating Room Procedures and Procedure Code/MS-
DRG Index as O.R. procedures, assigned to MS-DRGs 166, 167, and 168
(Other Respiratory System O.R. Procedures with MCC, with CC, and
without CC/MCC, respectively) in MDC 04 (Diseases and Disorders of the
Respiratory System); MS-DRGs 628, 629, and 630 (Other Endocrine,
Nutritional and Metabolic O.R. Procedures with MCC, with CC, and
without CC/MCC, respectively) in MDC 10 (Endocrine, Nutritional and
Metabolic Diseases and Disorders); MS-DRGs 820, 821, and 822 (Lymphoma
and Leukemia with Major O.R. Procedure with MCC, with CC, and without
CC/MCC, respectively) and MS-DRGs 826, 827, and 828 (Myeloproliferative
Disorders or Poorly Differentiated Neoplasms with Major O.R. Procedure
with MCC, with CC, and without CC/MCC, respectively) in MDC 17
(Myeloproliferative Diseases and Disorders, Poorly Differentiated
Neoplasms); and to MS-DRGs 987, 988, and 989 (Non-Extensive O.R.
Procedure Unrelated to Principal Diagnosis with MCC, with CC and
without MCC/CC, respectively).
As previously noted, procedure codes 0WBC0ZX, 0WBC0ZZ, 0WBC3ZZ, and
0WBC4ZZ are currently designated as O.R. procedures. As displayed in
the FY 2020 ICD-10 MS-DRGs Version 37 Definitions Manual in Appendix
E--Operating Room Procedures and Procedure Code/MS-DRG Index, these
procedure codes are assigned to several MS-DRGs across many MDCs.
During our process of reviewing potential MDC and MS-DRG assignments
for procedure codes 0WBC3ZX and 0WBC4ZX, our clinical advisors
recommended that we reassign procedure codes 0WBC0ZZ, 0WBC3ZZ, and
0WBC4ZZ from their current MS-DRG assignments in MDC 04 (Diseases and
Disorders of the Respiratory System). Procedure codes 0WBC0ZZ, 0WBC3ZZ,
and 0WBC4ZZ are currently assigned to MS-DRGs 163, 164, and 165 (Major
Chest Procedures with MCC, with CC, and without CC/MCC, respectively)
and procedure code 0WBC0ZX is assigned to MS-DRGs 166, 167, and 168
(Other Respiratory System O.R. Procedures with MCC, with CC, and
without CC/MCC, respectively). According to our clinical advisors,
procedure codes 0WBC0ZZ, 0WBC3ZZ, and 0WBC4ZZ would be more
appropriately and clinically aligned with the same MS-DRG assignment as
procedure code 0WBC0ZX, which is also consistent with the assignment
for other procedures performed on the mediastinum. Therefore, we are
proposing to reassign procedure codes 0WBC0ZZ, 0WBC3ZZ, and 0WBC4ZZ to
MS-DRGs 166, 167, and 168 (Other Respiratory System O.R. Procedures
with MCC, with CC, and without CC/MCC, respectively).
(2) Percutaneous Endoscopic Chemical Pleurodesis
One requestor identified ICD-10-PCS procedure code 3E0L4GC
(Introduction of other therapeutic substance into pleural cavity,
percutaneous endoscopic approach) that the requestor stated is
currently not recognized as an O.R. procedure for purposes of MS-DRG
assignment. The requestor noted that talc pleurodesis via video-
assisted thoracoscopic surgery (VATS), involves placing a thoracoscope
through the chest wall for visualization, then placing a port and
injecting talc, doxycycline, or other chemical into the pleural cavity
under general anesthesia and should therefore be recognized as an O.R.
procedure for purposes of MS-DRG assignment.
We agree with the requestor that ICD-10-PCS procedure code 3E0L4GC
typically requires the resources of an operating room. We also note
that the AHA published Coding Clinic advice in 2015 that instructed to
code both ICD-10-PCS procedure codes 0BJQ4ZZ (Inspection of pleura,
percutaneous endoscopic approach) and 3E0L3GC (Introduction of other
therapeutic substance into pleural cavity, percutaneous approach) for
thoracoscopic chemical pleurodesis. In the publication, code 0BJQ4ZZ,
recognized as an O.R. procedure for purposes of MS-DRG assignment, was
instructed to be reported for the video-assisted thoracoscopic portion
of the procedure since the endoscopic component of the procedure could
not be captured by the approach values available at the time. In FY
2018, the approach value ``4'' Percutaneous Endoscopic was added to the
root operation Introduction table 3E0, to capture percutaneous
endoscopic administration of a therapeutic substance, meaning that code
0BJQ4ZZ was no longer needed along with code 3E0L3GC to report
thoracoscopic chemical pleurodesis. Only code 3E0L4GC is needed to
report all components of the procedure. Designating code 3E0L4GC as an
O.R. procedure for purposes of MS-DRG assignment classifies the
procedure as intended when two codes were needed to fully code the
procedure. Therefore, we are proposing to add procedure code 3E0L4GC to
the FY 2021 ICD-10 MS-DRG Version 38 Definitions Manual in Appendix E--
Operating Room Procedures and Procedure Code/MS-DRG Index as an O.R.
procedure assigned to MS-DRGs 166, 167, and 168 (Other Respiratory
System O.R. procedures with MCC, CC, without CC/MCC, respectively) in
MDC 04 (Diseases and Disorders of the Respiratory System); and MS-DRG
264 (Other Circulatory System O.R. Procedures) in MDC 05 (Diseases and
Disorders of the Circulatory System).
[[Page 32546]]
(3) Percutaneous Endoscopic Excision of Stomach
One requestor identified ICD-10-PCS procedure code 0DB64ZZ
(Excision of stomach, percutaneous endoscopic approach) that the
requestor stated is currently not recognized as an O.R. procedure for
purposes of MS-DRG assignment. The requestor noted that percutaneous
endoscopic excisions of gastric lesions and percutaneous endoscopic
partial gastrectomies are performed in the operating room under general
anesthesia, use comparable resources, and are designated as O.R.
procedures. Therefore, the requestor stated that this procedure should
also be recognized as O.R. procedure for purposes of MS-DRG assignment.
We agree with the requestor that ICD-10-PCS procedure code 0DB64ZZ
typically requires the resources of an operating room. During our
review, we also noted that ICD-10-PCS code 0DB64ZX (Excision of
stomach, percutaneous endoscopic approach, diagnostic) was not
currently recognized as an O.R. procedure. We are proposing to add
these codes to the FY 2021 ICD-10 MS-DRG Version 38 Definitions Manual
in Appendix E--Operating Room Procedures and Procedure Code/MS-DRG
Index as an O.R. procedure assigned to MS-DRGs 326, 327, and 328
(Stomach, Esophageal and Duodenal Procedures with MCC, with CC, and
without CC/MCC, respectively) in MDC 06 (Diseases and Disorders of the
Digestive System); MS-DRGs 619, 620, and 621 (Procedures for Obesity
with MCC, with CC, and without CC/MCC, respectively) in MDC 10
(Endocrine, Nutritional and Metabolic Diseases and Disorders); and MS-
DRGs 820, 821, and 822 (Lymphoma and Leukemia with Major Procedure with
MCC, with CC, and without CC/MCC, respectively), MS-DRGs 826, 827, and
828 (Myeloproliferative Disorders or Poorly Differentiated Neoplasms
with Major Procedure with MCC, with CC, and without CC/MCC,
respectively), and MS-DRGs 829 and 830 (Myeloproliferative Disorders or
Poorly Differentiated Neoplasms with Other Procedure with CC/MCC and
without CC/MCC, respectively) in MDC 17 (Myeloproliferative Diseases
and Disorders, Poorly Differentiated Neoplasms).
During our review, we also noted that ICD-10-PCS procedure code
0DB64Z3 (Excision of stomach, percutaneous endoscopic approach,
vertical (sleeve)), which is clinically similar to ICD-10-PCS codes
0DB64ZZ and 0DB64ZX, is designated as an O.R. procedure assigned to the
same MS-DRGs as we are proposing for ICD-10-PCS codes 0DB64ZZ and
0DB64ZX, as well as to MS-DRG 264 (Other Circulatory System O.R.
Procedures) in MDC 05 (Diseases and Disorders of the Circulatory
System); MS-DRGs 907, 908, and 909 (Other O.R. Procedures for Injuries,
with MCC, with CC, and without CC/MCC, respectively) in MDC 21
(Injuries, Poisonings and Toxic Effects of Drugs); and MS-DRGs 957,
958, and 959 (Other O.R. procedures for multiple significant trauma,
with MCC, with CC, and without CC/MCC, respectively) in MDC 24
(Multiple Significant Trauma). Our clinical advisors believe that
principal diagnoses in MDCs 05 and 21 are typically not indications for
procedures describing percutaneous endoscopic excision of stomach and
that ICD-10-PCS procedure code 0DB64Z3 should be assigned to the same
MS-DRGs as ICD-10-PCS codes 0DB64ZZ and 0DB64ZX. We examined claims
data from the September 2019 update of the FY 2019 MedPAR file to
determine if there were any cases that reported 0DB64Z3 and were
assigned to MDC 05, MDC 21, or MDC 24. The following table shows our
findings:
[GRAPHIC] [TIFF OMITTED] TP29MY20.091
We found zero cases in MS-DRGs 957, 958, and 959 reporting 0DB64Z3
and a principal diagnosis in MDC 24 (Multiple Significant Trauma). Our
analysis demonstrates that diagnoses assigned to MDC 05, MDC 21, and
MDC 24 are not typically corrected surgically by percutaneous
endoscopic vertical (sleeve) gastrectomy given the small number of
cases reporting this procedure in these MDCs. Our clinical advisors
believe procedure codes describing the percutaneous endoscopic excision
of stomach should have the same MDC assignments in the ICD-10 MS-DRGs
Version 38 for coherence. Therefore, we are proposing to remove the
assignments of code 0DB64Z3 from MS-DRG 264 (Other Circulatory System
O.R. Procedures) in MDC 05 (Diseases and Disorders of the Circulatory
System); MS-DRGs 907, 908, and 909 (Other O.R. Procedures for Injuries,
with MCC, with CC, and without CC/MCC, respectively) in MDC 21
(Injuries, Poisonings and Toxic Effects of Drugs); and MS-DRGs 957,
958, and 959 (Other O.R. procedures for multiple significant trauma,
with MCC, with CC, and without CC/MCC, respectively) in MDC 24
(Multiple Significant Trauma).
Lastly, while we were reviewing this request, we noted
inconsistencies in how procedures involving the excision of stomach are
designated. Excision of stomach codes differ by approach and qualifier.
ICD-10-PCS procedure codes describing excision of stomach with similar
approaches have been assigned
[[Page 32547]]
different attributes in terms of designation as an O.R. or Non-O.R.
procedure. We identified the following five related codes:
[GRAPHIC] [TIFF OMITTED] TP29MY20.092
In the ICD-10 MS-DRGs Version 37, these ICD-10-PCS codes are
currently recognized as O.R. procedures for purposes of MS-DRG
assignment, while similar excision of stomach procedure codes with the
same approach but different qualifiers are recognized as Non-O.R.
procedures. Our clinical advisors indicated that these procedures are
not surgical in nature and do not require an incision. Therefore, we
are proposing to remove ICD-10-PCS procedure codes 0DB63Z3, 0DB63ZZ,
0DB67Z3, 0DB67ZZ, and 0DB68Z3 from the FY 2021 ICD-10 MS-DRG Version 38
Definitions Manual in Appendix E--Operating Room Procedures and
Procedure Code/MS-DRG Index as O.R. procedures. Under this proposal,
these procedures would no longer impact MS-DRG assignment.
(4) Percutaneous Endoscopic Drainage
One requestor identified six ICD-10-PCS procedure codes that
describe procedures involving laparoscopic drainage of peritoneum,
peritoneal cavity, and gallbladder that the requestor stated are
currently not recognized as O.R. procedures for purposes of MS-DRG
assignment. The six procedure codes are listed in the following table:
[GRAPHIC] [TIFF OMITTED] TP29MY20.093
The requestor stated these procedures would commonly be performed
under general anesthesia and require the resources of an operating
room. The requestor also noted that similar procedures such as
percutaneous endoscopic inspection of gallbladder, percutaneous
endoscopic excision of peritoneum and percutaneous endoscopic
extirpation of matter from peritoneal cavity are currently classified
as O.R. procedures in Version 37 of the ICD-10 MS-DRGs and that the six
listed procedure codes should be designated as O.R. procedures due to
comparable costs and resource use.
We agree with the requestor that the six ICD-10-PCS procedure codes
listed in the table typically require the resources of an operating
room. Therefore, to the FY 2021 ICD-10 MS-DRG Version 38 Definitions
Manual in Appendix E--Operating Room Procedures and Procedure Code/MS-
DRG Index, we are proposing to add codes 0D9W4ZZ and 0D9W40Z as O.R.
procedures assigned to MS-DRGs 356, 357, and 358 (Other Digestive
System O.R. Procedures, with MCC, with CC, and without CC/MCC,
respectively) in MDC 06 (Diseases and Disorders of the Digestive
System); and MS-DRGs 907, 908, and 909 (Other O.R. Procedures for
Injuries with MCC, with CC, and without CC/MCC, respectively) in MDC 21
(Injuries, Poisonings and Toxic Effects of Drugs). We are also
proposing to add codes 0W9G4ZZ and 0W9G40Z as O.R. procedures assigned
to MS-DRGs 356, 357, and 358 (Other Digestive System O.R. Procedures
with MCC, with CC, and without CC/MCC, respectively) in MDC 06
(Diseases and Disorders of the Digestive System); MS-DRGs 420, 421, and
422 (Hepatobiliary Diagnostic Procedures, with MCC, with CC, and
without CC/MCC, respectively) in MDC 07 (Diseases and Disorders of the
Hepatobiliary System and Pancreas); MS-DRGs 673, 674, and 675 (Other
Kidney and Urinary Tract Procedures, with MCC, with CC, and without CC/
MCC, respectively) in MDC 11 (Diseases and Disorders of the Kidney and
Urinary Tract); MS-DRGs 749 and 750 (Other Female Reproductive System
Procedures with and without CC/MCC, respectively) in MDC 13 (Diseases
and Disorders of the Female Reproductive System); MS-DRGs 802, 803, and
804 (Other O.R. Procedures of the Blood and Blood Forming Organs, with
MCC, with CC, and without CC/MCC, respectively) in MDC 16 (Diseases and
Disorders of Blood, Blood Forming Organs, Immunologic Disorders); MS-
DRGs 820, 821, and 822 (Lymphoma and Leukemia with Major Procedure with
MCC, with CC, and without CC/MCC, respectively) and MS-DRGs 826, 827,
and 828 (Myeloproliferative Disorders or Poorly Differentiated
Neoplasms with Major Procedure with MCC, with CC, and without CC/MCC,
respectively) in MDC 17 (Myeloproliferative Diseases and Disorders,
Poorly Differentiated Neoplasms); and MS-DRGs 907, 908, and 909 (Other
O.R. Procedures for Injuries with MCC, with CC, and without CC/MCC,
respectively) in MDC 21 (Injuries, Poisonings and Toxic
[[Page 32548]]
Effects of Drugs). Lastly, we are proposing to add codes 0F944ZZ and
0F9440Z as O.R. procedures assigned to MS-DRGs 408, 409, and 410
(Biliary Tract Procedures Except Only Cholecystectomy with or without
C.D.E., with MCC, with CC, and without CC/MCC, respectively) in MDC 07
(Diseases and Disorders of the Hepatobiliary System and Pancreas).
We identified related ICD-10-PCS procedure code 0F944ZX (Drainage
of gallbladder, percutaneous endoscopic approach, diagnostic) that is
also currently not recognized as an O.R. procedure for purposes of MS-
DRG assignment. Our clinical advisors believe that similar to the six
procedure codes submitted by the requester, this procedure typically
requires the resources of an operating room and should have the same
attributes in Version 38 for coherence. Therefore, we are proposing to
add code 0F944ZX as an O.R. procedure assigned to MS-DRGs 420, 421 and
422 (Hepatobiliary Diagnostic Procedures, with MCC, with CC, and
without CC/MCC, respectively) in MDC 07 (Diseases and Disorders of the
Hepatobiliary System and Pancreas) to the FY 2021 ICD-10 MS-DRG Version
38 Definitions Manual in Appendix E--Operating Room Procedures and
Procedure Code/MS-DRG Index.
During our review, we also identified the related ICD-10-PCS
procedure codes 0F940ZZ (Drainage of gallbladder, open approach),
0F940ZX (Drainage of gallbladder, open approach, diagnostic) and
0F9400Z (Drainage of gallbladder with drainage device, open approach).
Our analysis found that the ICD-10-PCS codes describing drainage of
gallbladder have dissimilar MDC assignments. Procedure codes 0F940ZZ
and 0F940ZX are currently assigned to MS-DRGs 356, 357, and 358 (Other
Digestive System O.R. Procedures, with MCC, with CC, and without CC/
MCC, respectively) in MDC 06 (Diseases and Disorders of the Digestive
System) and MS-DRGs 408, 409, and 410 (Biliary Tract Procedures Except
Only Cholecystectomy with or without C.D.E. with MCC, with CC, and
without CC/MCC, respectively) in MDC 07 (Diseases and Disorders of the
Hepatobiliary System and Pancreas). However, ICD-10-PCS procedure code
0F9400Z is currently assigned to MS-DRGs 408, 409, and 410 (Biliary
Tract Procedures Except Only Cholecystectomy with or without C.D.E.
with MCC, with CC, and without CC/MCC, respectively) in MDC 07
(Diseases and Disorders of the Hepatobiliary System and Pancreas)
alone. Our clinical advisors believe that principal diagnoses in MDC 06
are typically not indications for procedures describing the drainage of
gallbladder. We examined claims data from the September 2019 update of
the FY 2019 MedPAR file to determine if there were any cases that
reported procedure codes 0F940ZZ or 0F940ZX and were assigned to MDC
06. We found zero cases in MS-DRGs 356, 357, and 358 reporting code
0F944ZZ or 0F940ZX and a principal diagnosis in MDC 06 (Diseases and
Disorders of the Digestive System), demonstrating that diagnoses in MDC
06 are not typically corrected surgically by drainage of the
gallbladder. Our clinical advisors believe procedure codes describing
the drainage of gallbladder should have the same MDC assignments in
Version 38 for coherence. Therefore, we are proposing to remove
procedure codes 0F940ZZ and 0F940ZX from MS-DRGs 356, 357, and 358 in
MDC 06 (Diseases and Disorders of the Digestive System).
Our further analysis of this request identified the nine ICD-10-PCS
codes in the following table describing drainage of the peritoneum,
peritoneal cavity, or gallbladder:
[GRAPHIC] [TIFF OMITTED] TP29MY20.094
We note that these procedures are currently classified as extensive
O.R. procedures. Our clinical advisors have noted that treatment
practices have shifted since the initial O.R procedure designations.
Our clinical advisors believe that, given the similarity in factors
such as complexity, resource utilization, and requirement for
anesthesia administration between procedures describing the drainage of
the peritoneum, peritoneal cavity, and gallbladder, it would be more
appropriate to designate these nine ICD-10-PCS codes as non-extensive
O.R. procedures. Therefore, we are also proposing to change the
designation of ICD-10-PCS codes 0D9W00Z, 0D9W0ZX, 0D9W0ZZ, 0D9W4ZX,
0W9G00Z, 0W9G0ZZ, 0F9400Z, 0F940ZZ, and 0F940ZX from extensive O.R.
procedures to non-extensive O.R. procedures for FY 2021.
(5) Control of Bleeding
One requestor identified ICD-10-PCS procedure code 0W3G0ZZ (Control
bleeding in peritoneal cavity, open approach) that describes a
procedure in which the bleeding source within the peritoneal cavity is
controlled by cautery, clips, and/or suture through an open abdominal
incision with direct visualization of the surgical site, that the
requestor stated requires the resources of an operating room and
general anesthesia but is currently not recognized as an O.R. procedure
for purposes of MS-DRG assignment. The requestor also noted that ICD-
10-PCS procedure codes 0W3F0ZZ (Control bleeding in abdominal wall,
open approach), 0W3H0ZZ (Control bleeding in retroperitoneum, open
approach), and 0W3J0ZZ (Control bleeding in pelvic cavity, open
approach) describe procedures to control bleeding in
[[Page 32549]]
various anatomic sites and are currently classified as O.R. procedures.
We agree with the requestor that it would be clinically appropriate
to redesignate procedure code 0W3G0ZZ as an O.R. procedure consistent
with procedure codes 0W3F0ZZ, 0W3H0ZZ and 0W3J0ZZ, that also describe
procedures performed to control bleeding and are designated as O.R.
procedures. Therefore, we are proposing to add procedure code 0W3G0ZZ
to the FY 2021 ICD-10 MS-DRG Version 38 Definitions Manual in Appendix
E--Operating Room Procedures and Procedure Code/MS-DRG Index as an O.R.
procedure assigned to MS-DRG 264 (Other Circulatory O.R. Procedures) in
MDC 05 (Diseases and Disorders of the Circulatory System); MS-DRGs 356,
357, and 358 (Other Digestive System O.R. Procedures with MCC, with CC,
and without CC/MCC, respectively) in MDC 06 (Diseases and Disorders of
the Digestive System); MS-DRGs 423, 424, and 425 (Other Hepatobiliary
or Pancreas O.R. Procedures with MCC, with CC, and without CC/MCC,
respectively) in MDC 07 (Diseases and Disorders of the Hepatobiliary
System and Pancreas); MS-DRGs 673, 674, and 675 (Other Kidney and
Urinary Tract Procedures with MCC, with CC, and without CC/MCC,
respectively) in MDC 11 (Diseases and Disorders of the Kidney and
Urinary Tract); MS-DRGs 820, 821, and 822 (Lymphoma and Leukemia with
Major O.R. Procedure with MCC, with CC, and without CC/MCC,
respectively), MS-DRGs 826, 827, and 828 (Myeloproliferative Disorders
or Poorly Differentiated Neoplasms with Major O.R. Procedure with MCC,
with CC, and without CC/MCC, respectively), and MS-DRGs 829 and 830
(Myeloproliferative Disorders or Poorly Differentiated Neoplasms with
Other Procedure with and without CC/MCC, respectively) in MDC 17
(Myeloproliferative Diseases and Disorders, Poorly Differentiated
Neoplasms); MS-DRGs 907, 908, and 909 (Other O.R. Procedures for
Injuries with and without CC/MCC, respectively) in MDC 21 ((Injuries,
Poisonings and Toxic Effects of Drugs); MS-DRGs 957, 958, and 959
(Other O.R. Procedures for Multiple Significant Trauma, with MCC, with
CC, and without CC/MCC, respectively) in MDC 24 (Multiple Significant
Trauma) and to MS-DRGs 981, 982 and 983 (Extensive O.R. Procedure
Unrelated to Principal Diagnosis with MCC, with CC, and without CC/MCC,
respectively).
(6) Inspection of Penis
One requestor stated that ICD-10-PCS procedure code 0VJS0ZZ
(Inspection of penis, open approach) is currently not recognized as an
O.R. procedure for purposes of MS-DRG assignment. The requestor noted
that there are circumstances that warrant inpatient admission for open
exploration of the penis, such as to rule out penile fracture and
extravasation due to trauma. The requestor stated their belief that
because this procedure involves an open incision for exploration of
penile structures and utilizes general anesthesia in the operating
room, it would be appropriately classified as an O.R. procedure. We
agree with the requestor that ICD-10-PCS code 0VJS0ZZ typically
requires the resources of an operating room. Therefore, we are
proposing to add ICD-10-PCS procedure code 0VJS0ZZ to the FY 2021 ICD-
10 MS-DRG Version 38 Definitions Manual in Appendix E--Operating Room
procedures and procedure code/MS-DRG Index as an O.R. procedure
assigned to MS-DRGs 709 (Penis Procedures with CC/MCC) and 710 (Penis
Procedures without CC/MCC) in MDC 12 (Diseases and Disorders of the
Male Reproductive System).
12. Proposed Changes to the MS-DRG Diagnosis Codes for FY 2021
a. Background of the CC List and the CC Exclusions List
Under the IPPS MS-DRG classification system, we have developed a
standard list of diagnoses that are considered CCs. Historically, we
developed this list using physician panels that classified each
diagnosis code based on whether the diagnosis, when present as a
secondary condition, would be considered a substantial complication or
comorbidity. A substantial complication or comorbidity was defined as a
condition that, because of its presence with a specific principal
diagnosis, would cause an increase in the length-of-stay by at least 1
day in at least 75 percent of the patients. However, depending on the
principal diagnosis of the patient, some diagnoses on the basic list of
complications and comorbidities may be excluded if they are closely
related to the principal diagnosis. In FY 2008, we evaluated each
diagnosis code to determine its impact on resource use and to determine
the most appropriate CC subclassification (non-CC, CC, or MCC)
assignment. We refer readers to sections II.D.2. and 3. of the preamble
of the FY 2008 IPPS final rule with comment period for a discussion of
the refinement of CCs in relation to the MS-DRGs we adopted for FY 2008
(72 FR 47152 through 47171).
b. Overview of Comprehensive CC/MCC Analysis
In the FY 2008 IPPS/LTCH PPS final rule (72 FR 47159), we described
our process for establishing three different levels of CC severity into
which we would subdivide the diagnosis codes. The categorization of
diagnoses as a MCC, a CC, or a non-CC was accomplished using an
iterative approach in which each diagnosis was evaluated to determine
the extent to which its presence as a secondary diagnosis resulted in
increased hospital resource use. We refer readers to the FY 2008 IPPS/
LTCH PPS final rule (72 FR 47159) for a complete discussion of our
approach. Since the comprehensive analysis was completed for FY 2008,
we have evaluated diagnosis codes individually when receiving requests
to change the severity level of specific diagnosis codes.
We noted in the FY 2020 IPPS/LTCH PPS proposed rule (84 FR 19235)
that with the transition to ICD-10-CM and the significant changes that
have occurred to diagnosis codes since the FY 2008 review, we believed
it was necessary to conduct a comprehensive analysis once again. Based
on this analysis, we proposed changes to the severity level
designations for 1,492 ICD-10-CM diagnosis codes and invited public
comments on those proposals. As summarized in the FY 2020 IPPS/LTCH PPS
final rule, many commenters expressed concern with the proposed
severity level designation changes overall and recommended that CMS
conduct further analysis prior to finalizing any proposals. After
careful consideration of the public comments we received, as discussed
further in the FY 2020 final rule, we generally did not finalize our
proposed changes to the severity designations for the ICD-10-CM
diagnosis codes, other than the changes to the severity level
designations for the diagnosis codes in category Z16--(Resistance to
antimicrobial drugs) from a non-CC to a CC. We stated that postponing
adoption of the proposed comprehensive changes in the severity level
designations would allow further opportunity to provide additional
background to the public on the methodology utilized and clinical
rationale applied across diagnostic categories to assist the public in
its review. We refer readers to the FY 2020 IPPS/LTCH PPS final rule
(84 FR 42150 through 42152) for a complete discussion of our response
to public comments regarding the proposed severity level designation
changes for FY 2020.
[[Page 32550]]
c. Guiding Principles for Making Changes to Severity Levels
To provide the public with more information on the CC/MCC
comprehensive analysis discussed in the FY 2020 IPPS/LTCH PPS proposed
and final rules, CMS hosted a listening session on October 8, 2019. The
listening session included a review of the methodology to measure the
impact on resource use. It also provided an opportunity for CMS to
receive public input on this analysis and to address any questions in
order to assist the public in formulating written comments on the
current severity level designations for consideration in the FY 2021
rulemaking. We refer readers to https://www.cms.gov/Outreach-and-Education/Outreach/OpenDoorForums/PodcastAndTranscripts.html for the
transcript and audio file of the listening session. We also refer
readers to https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software.html for
the supplementary file containing the data describing the impact on
resource use of specific ICD-10-CM diagnosis codes when reported as a
secondary diagnosis that was made available for the listening session.
Following the listening session, we further considered the public
comments received and reconvened an internal workgroup comprised of
clinicians, consultants, coding specialists and other policy analysts
to identify guiding principles to apply in evaluating whether changes
to the severity level designations of diagnoses are needed and to
ensure the severity designations proposed appropriately reflect
resource use based on review of the claims data, as well as
consideration of relevant clinical factors (for example, the clinical
nature of each of the secondary diagnoses and the severity level of
clinically similar diagnoses) and improve the overall accuracy of the
IPPS payments. Our goal was to develop a set of guiding principles
that, when applied, could assist in determining whether the presence of
the specified secondary diagnosis would lead to increased hospital
resource use in most instances. The workgroup identified the following
nine guiding principles as meaningful indicators of expected resource
use by a secondary diagnosis:
Represents end of life/near death or has reached an
advanced stage associated with systemic physiologic decompensation and
debility.
Denotes organ system instability or failure.
Involves a chronic illness with susceptibility to
exacerbations or abrupt decline.
Serves as a marker for advanced disease states across
multiple different comorbid conditions.
Reflects systemic impact.
Post-operative condition/complication impacting recovery.
Typically requires higher level of care (that is,
intensive monitoring, greater number of caregivers, additional testing,
intensive care unit care, extended length of stay).
Impedes patient cooperation and/or management of care.
Recent (last 10 years) change in best practice, or in
practice guidelines and review of the extent to which these changes
have led to concomitant changes in expected resource use.
Using a combination of mathematical analysis of claims data as
discussed in the FY 2020 IPPS/LTCH PPS proposed rule (84 FR 19235) and
the application of these guiding principles, we plan to continue a
comprehensive CC/MCC analysis and present the findings and proposals in
future rulemaking. We are inviting public comments regarding these
guiding principles, as well as other possible ways we can incorporate
meaningful indicators of clinical severity. When providing additional
feedback or comments, we encourage the public to provide a detailed
explanation of how applying a suggested concept or principle would
ensure that the severity designation appropriately reflects resource
use for any diagnosis code.
d. Proposed Additions and Deletions to the Diagnosis Code Severity
Levels for FY 2021
The following tables identify the proposed additions and deletions
to the diagnosis code MCC severity levels list and the proposed
additions and deletions to the diagnosis code CC severity levels list
for FY 2021 and are available via the internet on the CMS website at:
https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html.
Table 6I.1--Proposed Additions to the MCC List--FY 2021;
Table 6I.2-- Proposed Deletions to the MCC List--FY 2021;
Table 6J.1-- Proposed Additions to the CC List--FY 2021; and
Table 6J.2-- Proposed Deletions to the CC List--FY 2021.
e. Proposed CC Exclusions List for FY 2021
In the September 1, 1987 final notice (52 FR 33143) concerning
changes to the DRG classification system, we modified the GROUPER logic
so that certain diagnoses included on the standard list of CCs would
not be considered valid CCs in combination with a particular principal
diagnosis. We created the CC Exclusions List for the following reasons:
(1) To preclude coding of CCs for closely related conditions; (2) to
preclude duplicative or inconsistent coding from being treated as CCs;
and (3) to ensure that cases are appropriately classified between the
complicated and uncomplicated DRGs in a pair.
In the May 19, 1987 proposed notice (52 FR 18877) and the September
1, 1987 final notice (52 FR 33154), we explained that the excluded
secondary diagnoses were established using the following five
principles:
Chronic and acute manifestations of the same condition
should not be considered CCs for one another;
Specific and nonspecific (that is, not otherwise specified
(NOS)) diagnosis codes for the same condition should not be considered
CCs for one another;
Codes for the same condition that cannot coexist, such as
partial/total, unilateral/bilateral, obstructed/unobstructed, and
benign/malignant, should not be considered CCs for one another;
Codes for the same condition in anatomically proximal
sites should not be considered CCs for one another; and
Closely related conditions should not be considered CCs
for one another.
The creation of the CC Exclusions List was a major project
involving hundreds of codes. We have continued to review the remaining
CCs to identify additional exclusions and to remove diagnoses from the
master list that have been shown not to meet the definition of a CC. We
refer readers to the FY 2014 IPPS/LTCH PPS final rule (78 FR 50541
through 50544) for detailed information regarding revisions that were
made to the CC and CC Exclusion Lists under the ICD-9-CM MS-DRGs.
The ICD-10 MS-DRGs Version 37 CC Exclusion List is included as
Appendix C in the ICD-10 MS-DRG Definitions Manual, which is available
via the internet on the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software.html, and includes two lists identified as
Part 1 and Part 2. Part 1 is the list of all diagnosis codes that are
defined as a CC or MCC when reported as a secondary diagnosis. For all
diagnosis codes on the list, a link is provided to a collection of
diagnosis codes which, when used as the principal diagnosis, would
cause the
[[Page 32551]]
CC or MCC diagnosis to be considered as a non-CC. Part 2 is the list of
diagnosis codes designated as a MCC only for patients discharged alive;
otherwise, they are assigned as a non-CC.
We received a request to consider removing diagnosis codes
describing any type of stroke that is designated as a MCC in the code
range I60.00 through I63.9 from the CC Exclusion list when a principal
diagnosis of diabetes in the code range E08.00 through E13 is reported.
According to the requestor, acute strokes and chronic diabetes are two
distinct conditions, therefore a stroke that occurs during an admission
for an underlying diabetic condition should not be excluded from acting
as a MCC. The requestor provided an example of a patient with type 2
diabetes who was admitted for treatment of infected foot ulcers and
then experienced a stroke prior to discharge, resulting in assignment
to MS-DRG 639 (Diabetes without CC/MCC). The requestor asserted the
more appropriate assignment is MS-DRG 637 (Diabetes with MCC), which
they stated more appropriately reflects severity of illness and
resources involved in the treatment of an acute stroke. In another
example provided by the requestor, a patient with type 2 diabetes and
osteomyelitis underwent a left below the knee amputation and
experienced a stroke before discharge, resulting in assignment to MS-
DRG 617 (Amputation of Lower Limb for Endocrine, Nutritional, and
Metabolic Diseases with CC). The requestor asserted the more
appropriate assignment is MS-DRG 616 (Amputation of Lower Limb for
Endocrine, Nutritional, and Metabolic Diseases with MCC), which they
stated more appropriately reflects severity of illness and resources
involved in the treatment an acute stroke.
Our clinical advisors agree that acute strokes and chronic diabetes
are two distinct conditions and a case reporting a secondary diagnosis
of a stroke in the code range I60.00 through I63.9 should not be
excluded from acting as a MCC when reported with a principal diagnosis
of diabetes in the code range E08.00 through E13.9.
We analyzed claims data from the September 2019 update of the FY
2019 MedPAR file for cases reporting a principal diagnosis of diabetes
in the code range E08.00 through E13.9 with a secondary diagnosis of a
stroke in the code range I60.00 through I63.9. We refer the reader to
table 6P.3a for a detailed list of the diagnosis codes describing
diabetes that were analyzed and table 6P.3b for a detailed list of the
diagnosis codes describing a stroke that were analyzed and that are
also designated as a MCC in this code range. We found a total of 1,109
cases across 40 MS-DRGs with an average length of stay of 10.1 days and
average costs of $24,672 reporting a principal diagnosis of diabetes
with a secondary diagnosis of a stroke that was excluded from acting as
a MCC. Of those 1,109 cases, we identified 161 cases that would result
in assignment to the higher severity level ``with MCC'' MS-DRG if the
diagnosis of stroke was no longer excluded from acting as a MCC. The
remaining 948 cases would maintain their existing MS-DRG assignment
since they were either already grouped to the highest MCC severity
level based on another diagnosis code that is designated as a MCC or
they were assigned to one of the Pre-MDC MS-DRGs. We refer the reader
to table 6P.4a for the detailed analysis.
Based on the advice of our clinical advisors, for FY 2021, we are
proposing to remove the diagnosis codes describing stroke in the code
range I60.00 through I63.9 that are designated as a MCC from the list
of CC Exclusions when reported with a principal diagnosis of diabetes
in the code range E08.00 through E13.9 from the ICD-10 MS-DRGs Version
38 CC Exclusion List as reflected in Table 6H.1.--Proposed Secondary
Diagnosis Order Deletions to the CC Exclusions List--FY 2021 and Table
6H.2.--Proposed Principal Diagnosis Order Deletions to the CC
Exclusions List--FY 2021.
We are proposing additional changes to the ICD-10 MS-DRGs Version
38 CC Exclusion List based on the diagnosis and procedure code updates
as discussed in section II.D.13. of this FY 2021 IPPS/LTCH PPS proposed
rule. Therefore, we have developed Table 6G.1.--Proposed Secondary
Diagnosis Order Additions to the CC Exclusions List--FY 2021; Table
6G.2.--Proposed Principal Diagnosis Order Additions to the CC
Exclusions List--FY 2021; Table 6H.1.--Proposed Secondary Diagnosis
Order Deletions to the CC Exclusions List--FY 2021; and Table 6H.2.--
Proposed Principal Diagnosis Order Deletions to the CC Exclusions
List--FY 2021. For Table 6G.1, each secondary diagnosis code proposed
for addition to the CC Exclusion List is shown with an asterisk and the
principal diagnoses proposed to exclude the secondary diagnosis code
are provided in the indented column immediately following it. For Table
6G.2, each of the principal diagnosis codes for which there is a CC
exclusion is shown with an asterisk and the conditions proposed for
addition to the CC Exclusion List that will not count as a CC are
provided in an indented column immediately following the affected
principal diagnosis. For Table 6H.1, each secondary diagnosis code
proposed for deletion from the CC Exclusion List is shown with an
asterisk followed by the principal diagnosis codes that currently
exclude it. For Table 6H.2, each of the principal diagnosis codes is
shown with an asterisk and the proposed deletions to the CC Exclusions
List are provided in an indented column immediately following the
affected principal diagnosis. Tables 6G.1., 6G.2., 6H.1., and 6H.2.
associated with this proposed rule are available via the internet on
the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html.
13. Proposed Changes to the ICD-10-CM and ICD-10-PCS Coding Systems
To identify new, revised and deleted diagnosis and procedure codes,
for FY 2021, we have developed Table 6A.--New Diagnosis Codes, Table
6B.--New Procedure Codes, Table 6C.--Invalid Diagnosis Codes, and Table
6E.--Revised Diagnosis Code Titles for this proposed rule.
These tables are not published in the Addendum to this proposed
rule, but are available via the internet on the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html as described in section VI. of the
Addendum to this proposed rule. As discussed in section II.D.16. of the
preamble of this proposed rule, the code titles are adopted as part of
the ICD-10 (previously ICD-9-CM) Coordination and Maintenance Committee
meeting process. Therefore, although we publish the code titles in the
IPPS proposed and final rules, they are not subject to comment in the
proposed or final rules.
We are proposing the MDC and MS-DRG assignments for the new
diagnosis codes and procedure codes as set forth in Table 6A.--New
Diagnosis Codes and Table 6B.--New Procedure Codes. In addition, the
proposed severity level designations for the new diagnosis codes are
set forth in Table 6A. and the proposed O.R. status for the new
procedure codes are set forth in Table 6B.
We are making available on the CMS website at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html
the following tables associated with this proposed rule:
Table 6A.--New Diagnosis Codes-FY 2021;
[[Page 32552]]
Table 6B.--New Procedure Codes-FY 2021;
Table 6C.--Invalid Diagnosis Codes-FY 2021;
Table 6E.--Revised Diagnosis Code Titles-FY 2021;
Table 6G.1.--Proposed Secondary Diagnosis Order Additions
to the CC Exclusions List-FY 2021;
Table 6G.2.-- Proposed Principal Diagnosis Order Additions
to the CC Exclusions List-FY 2021;
Table 6H.1.-- Proposed Secondary Diagnosis Order Deletions
to the CC Exclusions List-FY 2021;
Table 6H.2.-- Proposed Principal Diagnosis Order Deletions
to the CC Exclusions List--FY 2021;
Table 6I.1.-- Proposed Additions to the MCC List-FY 2021;
Table 6I.2.- Proposed Deletions to the MCC List-FY 2021;
Table 6J.1.-- Proposed Additions to the CC List-FY 2021;
and
Table 6J.2.-- Proposed Deletions to the CC List -FY 2021.
14. Proposed Changes to the Medicare Code Editor (MCE)
The Medicare Code Editor (MCE) is a software program that detects
and reports errors in the coding of Medicare claims data. Patient
diagnoses, procedure(s), and demographic information are entered into
the Medicare claims processing systems and are subjected to a series of
automated screens. The MCE screens are designed to identify cases that
require further review before classification into an MS-DRG.
As discussed in the FY 2020 IPPS/LTCH PPS final rule (84 FR 42156),
we made available the FY 2020 ICD-10 MCE Version 37 manual file. The
manual contains the definitions of the Medicare code edits, including a
description of each coding edit with the corresponding diagnosis and
procedure code edit lists. The link to this MCE manual file, along with
the link to the mainframe and computer software for the MCE Version 37
(and ICD-10 MS-DRGs) are posted on the CMS website at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/MS-DRG-Classifications-and-Software.
For this FY 2021 IPPS/LTCH PPS proposed rule, we address the MCE
requests we received by the November 1, 2019 deadline. We also discuss
the proposals we are making based on our internal review and analysis.
a. Age Conflict Edit
In the MCE, the Age conflict edit exists to detect inconsistencies
between a patient's age and any diagnosis on the patient's record; for
example, a 5-year-old patient with benign prostatic hypertrophy or a
78-year-old patient coded with a delivery. In these cases, the
diagnosis is clinically and virtually impossible for a patient of the
stated age. Therefore, either the diagnosis or the age is presumed to
be incorrect. Currently, in the MCE, the following four age diagnosis
categories appear under the Age conflict edit and are listed in the
manual and written in the software program:
Perinatal/Newborn--Age 0 years only; a subset of diagnoses
which will only occur during the perinatal or newborn period of age 0
(for example, tetanus neonatorum, health examination for newborn under
8 days old).
Pediatric--Age is 0-17 years inclusive (for example,
Reye's syndrome, routine child health exam).
Maternity--Age range is 9-64 years inclusive (for example,
diabetes in pregnancy, antepartum pulmonary complication).
Adult--Age range is 15-124 years inclusive (for example,
senile delirium, mature cataract).
(1) Maternity Diagnoses
Under the ICD-10 MCE, the Maternity diagnoses category for the Age
conflict edit considers the age range of 9 to 64 years inclusive. For
that reason, the diagnosis codes on this Age conflict edit list would
be expected to apply to conditions or disorders specific to that age
group only.
As discussed in section II.D.13. of the preamble of this proposed
rule, Table 6A.--New Diagnosis Codes, lists the diagnosis codes that
have been approved to date which will be effective with discharges on
and after October 1, 2020. We are proposing to add the following new
ICD-10-CM diagnosis codes listed in this section of this rule to the
Maternity diagnoses category code list under the Age conflict edit.
[GRAPHIC] [TIFF OMITTED] TP29MY20.095
In addition, as discussed in section II.D.13. of the preamble of
this proposed rule, Table 6C.--Invalid Diagnosis Codes, lists the
diagnosis codes that are no longer effective October 1, 2020. Included
in this table is ICD-10-CM diagnosis code O99.89 (Other specified
diseases and conditions complicating pregnancy, childbirth and the
puerperium) which is currently listed on the Maternity diagnoses
category code list under the Age Conflict edit. We are proposing to
remove this code from the Maternity diagnoses category code list.
(2) Adult Diagnoses
Under the ICD-10 MCE, the Adult diagnoses category for the Age
conflict edit considers the age range of 15 to 124 years inclusive. For
that reason, the diagnosis codes on this Age conflict edit list would
be expected to apply to conditions or disorders specific to that age
group only.
As discussed in section II.D.13. of the preamble of this proposed
rule, Table 6A.--New Diagnosis Codes, lists the diagnosis codes that
have been approved to date which will be effective with discharges on
and after October 1, 2020. We are proposing to add the following new
ICD-10-CM diagnosis codes to the Adult diagnoses category code list
under the Age conflict edit.
[[Page 32553]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.096
b. Sex Conflict Edit
In the MCE, the Sex conflict edit detects inconsistencies between a
patient's sex and any diagnosis or procedure on the patient's record;
for example, a male patient with cervical cancer (diagnosis) or a
female patient with a prostatectomy (procedure). In both instances, the
indicated diagnosis or the procedure conflicts with the stated sex of
the patient. Therefore, the patient's diagnosis, procedure, or sex is
presumed to be incorrect.
(1) Diagnoses for Females Only Edit
As discussed in section II.D.13. of the preamble of this proposed
rule, Table 6A.--New Diagnosis Codes, lists the new diagnosis codes
that have been approved to date which will be effective with discharges
on and after October 1, 2020. We are proposing to add the following new
ICD-10-CM diagnosis codes listed in this section of this rule to the
edit code list for the Diagnoses for Females Only edit.
[GRAPHIC] [TIFF OMITTED] TP29MY20.097
In addition, as discussed in section II.D.13. of the preamble of
this proposed rule, Table 6C.--Invalid Diagnosis Codes, lists the
diagnosis codes that are no longer effective October 1, 2020. Included
in this table are ICD-10-CM diagnosis code O99.89 (Other specified
diseases and conditions complicating pregnancy, childbirth and the
puerperium) and ICD-10-CM diagnosis code Q51.20 (Other doubling of
uterus, unspecified) which are currently listed on the Diagnoses for
Females Only edit code list. We are proposing to delete these codes
from the Diagnoses for Females Only edit code list.
(2) Procedures for Females Only Edit
As discussed in section II.D.13. of the preamble of this proposed
rule, Table 6B.--New Procedure Codes, lists the new procedure codes
that have been approved to date which will be effective with discharges
on and after October 1, 2020. We are proposing to add the following new
ICD-10-PCS procedure codes listed in this section of this rule to the
edit code list for the Procedures for Females Only edit.
[GRAPHIC] [TIFF OMITTED] TP29MY20.098
(3) Procedures for Males Only
As discussed in section II.D.13. of the preamble of this proposed
rule, Table 6B.--New Procedure Codes, lists the new procedure codes
that have been approved to date which will be effective with discharges
on and after October 1, 2020. We are proposing to add the following new
ICD-10-PCS procedure
[[Page 32554]]
codes listed in this section of this rule to the edit code list for the
Procedures for Males Only edit.
[GRAPHIC] [TIFF OMITTED] TP29MY20.099
c. Manifestation Code as Principal Diagnosis Edit
In the ICD-10-CM classification system, manifestation codes
describe the manifestation of an underlying disease, not the disease
itself, and therefore should not be used as a principal diagnosis.
As discussed in section II.D.13. of the preamble of this proposed
rule, Table 6A--New Diagnosis Codes, lists the new diagnosis codes that
have been approved to date which will be effective with discharges on
and after October 1, 2020. We are proposing to add the following new
ICD-10-CM diagnosis codes listed in this section of this rule to the
edit code list for the Manifestation Codes Not Allowed as Principal
Diagnosis edit code list because these codes are describing the
manifestation of an underlying disease and not the disease itself.
[GRAPHIC] [TIFF OMITTED] TP29MY20.100
In addition, as discussed in section II.D.13. of the preamble of
this proposed rule, Table 6C.--Invalid Diagnosis Codes, lists the
diagnosis codes that are no longer effective October 1, 2020. Included
in this table is ICD-10-CM diagnosis code J84.17 (Other interstitial
pulmonary diseases with fibrosis in diseases classified elsewhere)
which is currently listed on the Manifestation Codes Not Allowed as
Principal Diagnosis edit code list. We are proposing to delete this
code from the Manifestation Codes Not Allowed as Principal Diagnosis
edit code list.
d. Unacceptable Principal Diagnosis Edit
In the MCE, there are select codes that describe a circumstance
which influences an individual's health status but does not actually
describe a current illness or injury. There also are codes that are not
specific manifestations but may be due to an underlying cause. These
codes are considered unacceptable as a principal diagnosis. In limited
situations, there are a few codes on the MCE Unacceptable Principal
Diagnosis edit code list that are considered ``acceptable'' when a
specified secondary diagnosis is also coded and reported on the claim.
As discussed in Section II.D.13. of the preamble of this proposed
rule, Table 6A.--New Diagnosis Codes, lists the new diagnosis codes
that have been approved to date which will be effective with discharges
on and after October 1, 2020. We are proposing to add the following new
ICD-10-CM diagnosis codes listed in this section of this rule to the
Unacceptable Principal Diagnosis edit code list.
[[Page 32555]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.101
In addition, as discussed in section II.D.13. of the preamble of
this proposed rule, Table 6C.--Invalid Diagnosis Codes, lists the
diagnosis codes that are no longer effective October 1, 2020. Included
in this table are the following ICD-10-CM diagnosis codes that are
currently listed on the Unacceptable Principal Diagnosis edit code
list. We are proposing to delete these codes from the Unacceptable
Principal Diagnosis edit code list.
[GRAPHIC] [TIFF OMITTED] TP29MY20.102
e. Future Enhancement
In the FY 2018 IPPS/LTCH PPS final rule (82 FR 38053 through 38054)
we noted the importance of ensuring accuracy of the coded data from the
reporting, collection, processing, coverage, payment and analysis
aspects. Subsequently, in the FY 2019 IPPS/LTCH PPS proposed rule (83
FR 20235) we stated that we engaged a contractor to assist in the
review of the limited coverage and non-covered procedure edits in the
MCE that may also be present in other claims processing
[[Page 32556]]
systems that are utilized by our MACs. The MACs must adhere to criteria
specified within the National Coverage Determinations (NCDs) and may
implement their own edits in addition to what is already incorporated
into the MCE, resulting in duplicate edits. The objective of this
review is to identify where duplicate edits may exist and to determine
what the impact might be if these edits were to be removed from the
MCE. The contractor is continuing to conduct this review.
We have also noted that the purpose of the MCE is to ensure that
errors and inconsistencies in the coded data are recognized during
Medicare claims processing. As we indicated in the FY 2019 IPPS/LTCH
PPS final rule (83 FR 41228), we are considering whether the inclusion
of coverage edits in the MCE necessarily aligns with that specific goal
because the focus of coverage edits is on whether or not a particular
service is covered for payment purposes and not whether it was coded
correctly.
As we continue to evaluate the purpose and function of the MCE with
respect to ICD-10, we encourage public input for future discussion. As
we have discussed in prior rulemaking, we recognize a need to further
examine the current list of edits and the definitions of those edits.
We continue to encourage public comments on whether there are
additional concerns with the current edits, including specific edits or
language that should be removed or revised, edits that should be
combined, or new edits that should be added to assist in detecting
errors or inaccuracies in the coded data. Comments should be directed
to the MS-DRG Classification Change Mailbox located at
[email protected] by October 20, 2020.
15. Proposed Changes to Surgical Hierarchies
Some inpatient stays entail multiple surgical procedures, each one
of which, occurring by itself, could result in assignment of the case
to a different MS-DRG within the MDC to which the principal diagnosis
is assigned. Therefore, it is necessary to have a decision rule within
the GROUPER by which these cases are assigned to a single MS-DRG. The
surgical hierarchy, an ordering of surgical classes from most resource-
intensive to least resource-intensive, performs that function.
Application of this hierarchy ensures that cases involving multiple
surgical procedures are assigned to the MS-DRG associated with the most
resource-intensive surgical class.
A surgical class can be composed of one or more MS-DRGs. For
example, in MDC 11, the surgical class ``kidney transplant'' consists
of a single MS-DRG (MS-DRG 652) and the class ``major bladder
procedures'' consists of three MS-DRGs (MS-DRGs 653, 654, and 655).
Consequently, in many cases, the surgical hierarchy has an impact on
more than one MS-DRG. The methodology for determining the most
resource-intensive surgical class involves weighting the average
resources for each MS-DRG by frequency to determine the weighted
average resources for each surgical class. For example, assume surgical
class A includes MS-DRGs 001 and 002 and surgical class B includes MS-
DRGs 003, 004, and 005. Assume also that the average costs of MS-DRG
001 are higher than that of MS-DRG 003, but the average costs of MS-
DRGs 004 and 005 are higher than the average costs of MS-DRG 002. To
determine whether surgical class A should be higher or lower than
surgical class B in the surgical hierarchy, we would weigh the average
costs of each MS-DRG in the class by frequency (that is, by the number
of cases in the MS-DRG) to determine average resource consumption for
the surgical class. The surgical classes would then be ordered from the
class with the highest average resource utilization to that with the
lowest, with the exception of ``other O.R. procedures'' as discussed in
this proposed rule.
This methodology may occasionally result in assignment of a case
involving multiple procedures to the lower-weighted MS-DRG (in the
highest, most resource-intensive surgical class) of the available
alternatives. However, given that the logic underlying the surgical
hierarchy provides that the GROUPER search for the procedure in the
most resource-intensive surgical class, in cases involving multiple
procedures, this result is sometimes unavoidable.
We note that, notwithstanding the foregoing discussion, there are a
few instances when a surgical class with a lower average cost is
ordered above a surgical class with a higher average cost. For example,
the ``other O.R. procedures'' surgical class is uniformly ordered last
in the surgical hierarchy of each MDC in which it occurs, regardless of
the fact that the average costs for the MS-DRG or MS-DRGs in that
surgical class may be higher than those for other surgical classes in
the MDC. The ``other O.R. procedures'' class is a group of procedures
that are only infrequently related to the diagnoses in the MDC, but are
still occasionally performed on patients with cases assigned to the MDC
with these diagnoses. Therefore, assignment to these surgical classes
should only occur if no other surgical class more closely related to
the diagnoses in the MDC is appropriate.
A second example occurs when the difference between the average
costs for two surgical classes is very small. We have found that small
differences generally do not warrant reordering of the hierarchy
because, as a result of reassigning cases on the basis of the hierarchy
change, the average costs are likely to shift such that the higher-
ordered surgical class has lower average costs than the class ordered
below it.
Based on the changes that we are proposing to make in this FY 2021
IPPS/LTCH PPS proposed rule, as discussed in section II.D.2.b. of the
preamble of this proposed rule, we are proposing to revise the surgical
hierarchy for the Pre-MDC MS-DRGs as follows: In the Pre-MDC MS-DRGs we
are proposing to sequence proposed new Pre-MDC MS-DRG 018 (Chimeric
Antigen Receptor (CAR) T-cell Immunotherapy) above Pre-MDC MS-DRGs 001
and 002 (Heart Transplant or Implant of Heart Assist System with and
without MCC, respectively). We also note that, as discussed in section
II.D.2.b. of the preamble of this proposed rule, we are proposing to
revise the title for Pre-MDC MS-DRG 016 to ``Autologous Bone Marrow
Transplant with CC/MCC''. In addition, based on the changes that we are
proposing to make as discussed in section II.D.8.a. of the preamble of
this proposed rule, we are also proposing to sequence proposed new Pre-
MDC MS-DRG 019 (Simultaneous Pancreas/Kidney Transplant with
Hemodialysis) above Pre-MDC MS-DRG 008 (Simultaneous Pancreas/Kidney
Transplant) and below Pre-MDC MS-DRG 007 (Lung Transplant).
As discussed in section II.D.4. of the preamble of this proposed
rule, we are proposing to delete MS-DRGs 129 and 130 (Major Head and
Neck Procedures with CC/MCC or Major Device and without CC/MCC,
respectively), MS-DRGs 131 and 132 (Cranial and Facial Procedures with
CC/MCC and without CC/MCC, respectively), and MS-DRGs 133 and 134
(Other Ear, Nose, Mouth and Throat O.R. Procedures with CC/MC and
without CC/MCC, respectively). Based on the changes we are proposing to
make for those MS-DRGs in MDC 03, we are proposing to revise the
surgical hierarchy for MDC 03 (Diseases and Disorders of the Ear, Nose,
Mouth and Throat) as follows: In MDC 03, we are proposing to sequence
proposed new MS-DRGs 140, 141, and 142 (Major Head and Neck Procedures
with MCC, with CC, and without CC/MCC, respectively) above proposed new
MS-DRGs 143, 144, and 145 (Other Ear,
[[Page 32557]]
Nose, Mouth and Throat O.R. Procedures with MCC, with CC, and without
CC/MCC, respectively). We are also proposing to sequence proposed new
MS-DRGs 143, 144, and 145 above MS-DRGs 135 and 136 (Sinus and Mastoid
Procedures with CC/MCC and without CC/MCC, respectively). We also note
that, based on the changes that we are proposing to make, as discussed
in section II.D.7b of the preamble of this proposed rule, we are
proposing to revise the surgical hierarchy for MDC 08 (Diseases and
Disorders of the Musculoskeletal System and Connective Tissue) as
follows: In MDC 08, we are proposing to sequence proposed new MS-DRGs
521 and 522 (Hip Replacement with Principal Diagnosis of Hip Fracture
with and without MCC, respectively) above MS-DRGs 469 (Major Hip and
Knee Joint Replacement or Reattachment of Lower Extremity with MCC or
Total Ankle Replacement) and 470 (Major Hip and Knee Joint Replacement
or Reattachment of Lower Extremity without MCC). We further note that,
based on the changes we are proposing to make, as discussed in section
II.D. 8 of the preamble of this proposed rule, we are proposing to
revise the surgical hierarchy for MDC 11 (Diseases and Disorders of the
Kidney and Urinary Tract) as follows: In MDC 11, we are proposing to
sequence proposed new MS-DRGs 650 and 651 (Kidney Transplant with
Hemodialysis with and without MCC, respectively) above MS-DRG 652
(Kidney Transplant).
Our proposal for Appendix D MS-DRG Surgical Hierarchy by MDC and
MS-DRG of the ICD-10 MS-DRG Definitions Manual Version 38 is
illustrated in the following tables.
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[GRAPHIC] [TIFF OMITTED] TP29MY20.106
[GRAPHIC] [TIFF OMITTED] TP29MY20.107
[[Page 32558]]
16. Maintenance of the ICD-10-CM and ICD-10-PCS Coding Systems
In September 1985, the ICD-9-CM Coordination and Maintenance
Committee was formed. This is a Federal interdepartmental committee,
co-chaired by the Centers for Disease Control and Prevention's (CDC)
National Center for Health Statistics (NCHS) and CMS, charged with
maintaining and updating the ICD-9-CM system. The final update to ICD-
9-CM codes was made on October 1, 2013. Thereafter, the name of the
Committee was changed to the ICD-10 Coordination and Maintenance
Committee, effective with the March 19-20, 2014 meeting. The ICD-10
Coordination and Maintenance Committee addresses updates to the ICD-10-
CM and ICD-10-PCS coding systems. The Committee is jointly responsible
for approving coding changes, and developing errata, addenda, and other
modifications to the coding systems to reflect newly developed
procedures and technologies and newly identified diseases. The
Committee is also responsible for promoting the use of Federal and non-
Federal educational programs and other communication techniques with a
view toward standardizing coding applications and upgrading the quality
of the classification system.
The official list of ICD-9-CM diagnosis and procedure codes by
fiscal year can be found on the CMS website at: http://cms.hhs.gov/Medicare/Coding/ICD9ProviderDiagnosticCodes/codes.html. The official
list of ICD-10-CM and ICD-10-PCS codes can be found on the CMS website
at: http://www.cms.gov/Medicare/Coding/ICD10/index.html.
The NCHS has lead responsibility for the ICD-10-CM and ICD-9-CM
diagnosis codes included in the Tabular List and Alphabetic Index for
Diseases, while CMS has lead responsibility for the ICD-10-PCS and ICD-
9-CM procedure codes included in the Tabular List and Alphabetic Index
for Procedures.
The Committee encourages participation in the previously mentioned
process by health-related organizations. In this regard, the Committee
holds public meetings for discussion of educational issues and proposed
coding changes. These meetings provide an opportunity for
representatives of recognized organizations in the coding field, such
as the American Health Information Management Association (AHIMA), the
American Hospital Association (AHA), and various physician specialty
groups, as well as individual physicians, health information management
professionals, and other members of the public, to contribute ideas on
coding matters. After considering the opinions expressed at the public
meetings and in writing, the Committee formulates recommendations,
which then must be approved by the agencies.
The Committee presented proposals for coding changes for
implementation in FY 2021 at a public meeting held on September 10-11,
2019, and finalized the coding changes after consideration of comments
received at the meetings and in writing by November 8, 2019.
The Committee held its 2020 meeting on March 17-18, 2020. The
deadline for submitting comments on these code proposals was April 17,
2020. It was announced at this meeting that any new diagnosis and
procedure codes for which there was consensus of public support and for
which complete tabular and indexing changes would be made by June 2020
would be included in the October 1, 2020 update to the ICD-10-CM
diagnosis and ICD-10-PCS procedure code sets. As discussed in earlier
sections of the preamble of this proposed rule, there are new, revised,
and deleted ICD-10-CM diagnosis codes and ICD-10-PCS procedure codes
that are captured in Table 6A.--New Diagnosis Codes, Table 6B.--New
Procedure Codes, Table 6C.--Invalid Diagnosis Codes, and Table 6E.--
Revised Diagnosis Code Titles for this proposed rule, which are
available via the internet on the CMS website at: http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html.
The code titles are adopted as part of the ICD-10 (previously ICD-9-CM)
Coordination and Maintenance Committee process. Therefore, although we
make the code titles available for the IPPS proposed rule, they are not
subject to comment in the proposed rule. Because of the length of these
tables, they are not published in the Addendum to the proposed rule.
Rather, they are available via the internet as discussed in section VI.
of the Addendum to the proposed rule.
Live Webcast recordings of the discussions of the diagnosis and
procedure codes at the Committee's September 10-11, 2019 meeting and a
recording of the virtual meeting held on March 17-18, 2020 can be
obtained from the CMS website at: https://www.cms.gov/Medicare/Coding/ICD10/C-and-M-Meeting-Materials. The materials for the discussions
relating to diagnosis codes at the September 10-11, 2019 meeting and
March 17-18, 2020 meeting can be found at: http://www.cdc.gov/nchs/icd/icd10cm_maintenance.html. These websites also provide detailed
information about the Committee, including information on requesting a
new code, attending or participating in a Committee meeting, and
timeline requirements and meeting dates.
We encourage commenters to address suggestions on coding issues
involving diagnosis codes via Email to: [email protected].
Questions and comments concerning the procedure codes should be
submitted via Email to: [email protected].
In the September 7, 2001 final rule implementing the IPPS new
technology add-on payments (66 FR 46906), we indicated we would attempt
to include proposals for procedure codes that would describe new
technology discussed and approved at the Spring meeting as part of the
code revisions effective the following October.
Section 503(a) of Public Law 108-173 included a requirement for
updating diagnosis and procedure codes twice a year instead of a single
update on October 1 of each year. This requirement was included as part
of the amendments to the Act relating to recognition of new technology
under the IPPS. Section 503(a) of Public Law 108-173 amended section
1886(d)(5)(K) of the Act by adding a clause (vii) which states that the
Secretary shall provide for the addition of new diagnosis and procedure
codes on April 1 of each year, but the addition of such codes shall not
require the Secretary to adjust the payment (or diagnosis-related group
classification) until the fiscal year that begins after such date. This
requirement improves the recognition of new technologies under the IPPS
by providing information on these new technologies at an earlier date.
Data will be available 6 months earlier than would be possible with
updates occurring only once a year on October 1.
While section 1886(d)(5)(K)(vii) of the Act states that the
addition of new diagnosis and procedure codes on April 1 of each year
shall not require the Secretary to adjust the payment, or DRG
classification, under section 1886(d) of the Act until the fiscal year
that begins after such date, we have to update the DRG software and
other systems in order to recognize and accept the new codes. We also
publicize the code changes and the need for a mid-year systems update
by providers to identify the new codes. Hospitals also have to obtain
the new code books and encoder updates, and make other system changes
[[Page 32559]]
in order to identify and report the new codes.
The ICD-10 (previously the ICD-9-CM) Coordination and Maintenance
Committee holds its meetings in the spring and fall in order to update
the codes and the applicable payment and reporting systems by October 1
of each year. Items are placed on the agenda for the Committee meeting
if the request is received at least 3 months prior to the meeting. This
requirement allows time for staff to review and research the coding
issues and prepare material for discussion at the meeting. It also
allows time for the topic to be publicized in meeting announcements in
the Federal Register as well as on the CMS website. A complete addendum
describing details of all diagnosis and procedure coding changes, both
tabular and index, is published on the CMS and NCHS websites in June of
each year. Publishers of coding books and software use this information
to modify their products that are used by health care providers. This
5-month time period has proved to be necessary for hospitals and other
providers to update their systems.
A discussion of this timeline and the need for changes are included
in the December 4-5, 2005 ICD-9-CM Coordination and Maintenance
Committee Meeting minutes. The public agreed that there was a need to
hold the fall meetings earlier, in September or October, in order to
meet the new implementation dates. The public provided comment that
additional time would be needed to update hospital systems and obtain
new code books and coding software. There was considerable concern
expressed about the impact this April update would have on providers.
In the FY 2005 IPPS final rule, we implemented section
1886(d)(5)(K)(vii) of the Act, as added by section 503(a) of Public Law
108-173, by developing a mechanism for approving, in time for the April
update, diagnosis and procedure code revisions needed to describe new
technologies and medical services for purposes of the new technology
add-on payment process. We also established the following process for
making these determinations. Topics considered during the Fall ICD-10
(previously ICD-9-CM) Coordination and Maintenance Committee meeting
are considered for an April 1 update if a strong and convincing case is
made by the requestor at the Committee's public meeting. The request
must identify the reason why a new code is needed in April for purposes
of the new technology process. The participants at the meeting and
those reviewing the Committee meeting materials and live webcast are
provided the opportunity to comment on this expedited request. All
other topics are considered for the October 1 update. Participants at
the Committee meeting are encouraged to comment on all such requests.
There were not any requests submitted for an expedited April 1,
2020 implementation of a new code at the September 10-11, 2019
Committee meeting. However, as announced by the CDC on December 9,
2019, a new ICD-10 emergency code was established by the World Health
Organization (WHO) in response to recent occurrences of vaping related
disorders. Consistent with this update, the CDC/NCHS implemented a new
ICD-10-CM diagnosis code, U07.0 (Vaping-related disorder) for U.S.
reporting of vaping-related disorders effective April 1, 2020. In
addition, as announced by the CDC, a new emergency code was established
by the WHO on January 31, 2020, in response to the 2019 Novel
Coronavirus (2019-nCoV) disease outbreak that was declared a public
health emergency of international concern. Consistent with this update,
the CDC/NCHS implemented a new ICD-10-CM diagnosis code, U07.1 (COVID-
19) for U.S. reporting of the 2019 Novel Coronavirus disease effective
April 1, 2020. We refer the reader to the CDC web page at https://www.cdc.gov/nchs/icd/icd10cm.htm for additional details regarding the
implementation of these new diagnosis codes.
We have provided the MS-DRG assignments for these codes effective
with discharges on and after April 1, 2020, consistent with our
established process for assigning new diagnosis codes. Specifically, we
review the predecessor diagnosis code and MS-DRG assignment most
closely associated with the new diagnosis code, and consider other
factors that may be relevant to the MS-DRG assignment, including the
severity of illness, treatment difficulty, and the resources utilized
for the specific condition/diagnosis. We note that this process does
not automatically result in the new diagnosis code being assigned to
the same MS-DRG as the predecessor code. Effective with discharges on
and after April 1, 2020, diagnosis code U07.0 is assigned to MDC 04
(Diseases and Disorders of the Respiratory System) in MS-DRGs 205 and
206 (Other Respiratory System Diagnoses with and without MCC,
respectively), consistent with the assignment of the predecessor
diagnosis code. Effective with discharges on and after April 1, 2020,
diagnosis code U07.1 is assigned to MDC 04 in MS-DRGs 177, 178 and 179
(Respiratory Infections and Inflammations with MCC, with CC, and
without CC/MCC, respectively), MDC 15 (Newborns and Other Neonates with
Conditions Originating in Perinatal Period) in MS-DRG 791 (Prematurity
with Major Problems) and MS-DRG 793 (Full Term Neonate with Major
Problems), and MDC 25 (Human Immunodeficiency Virus Infections) in MS-
DRGs 974, 975, and 976 (HIV with Major Related Condition with MCC, with
CC, and without CC/MCC, respectively).
These assignments for diagnosis codes U07.0 and U07.1 are reflected
in Table 6A--New Diagnosis Codes (which is available via the internet
on the CMS website at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS. As with the other new diagnosis
codes and MS-DRG assignments included in Table 6A of this proposed
rule, we are soliciting public comments on the most appropriate MDC,
MS-DRG, and severity level assignments for these codes for FY 2021, as
well as any other options for the GROUPER logic. We also note that
Change Request (CR) 11623, Transmittal 4499, titled ``Update to the
International Classification of Diseases, Tenth Revision, Clinical
Modification (ICD-10-CM) for Vaping Related Disorder'', was issued on
January 24, 2020 (available via the internet on the CMS website at:
https://www.cms.gov/files/document/r4499cp.pdf) regarding the release
of an updated version of the ICD-10 MS-DRG Grouper and Medicare Code
Editor (MCE) software, Version 37.1, to be effective with discharges on
or after April 1, 2020 reflecting new diagnosis code U07.0. The updated
software, along with the updated ICD-10 MS-DRG V37.1 Definitions Manual
and the Definitions of Medicare Code Edits V37.1 manual was made
available at https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPSMS-DRG-Classifications-and-Software. In
response to the implementation of diagnosis code U07.1 (COVID-19), we
subsequently released a new updated version of the ICD-10 MS-DRG
Grouper and Medicare Code Editor (MCE) software, Version 37.1 R1,
effective with discharges on or after April 1, 2020 reflecting this new
code, which replaced the ICD-10 MS-DRG Grouper and Medicare Code Editor
(MCE) software, Version 37.1. The updated software, along with the
updated ICD-10 MS-DRG V37.1 R1 Definitions Manual and the Definitions
of Medicare Code Edits V37.1 R1 manual are available at https://
www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/
[[Page 32560]]
AcuteInpatientPPS/MS-DRG-Classifications-and-Software.
ICD-9-CM addendum and code title information is published on the
CMS website at: http://www.cms.hhs.gov/Medicare/Coding/ICD9ProviderDiagnosticCodes/index.html?redirect=/icd9ProviderDiagnosticCodes/01overview.asp#TopofPage. ICD-10-CM and
ICD-10-PCS addendum and code title information is published on the CMS
website at: http://www.cms.gov/Medicare/Coding/ICD10/index.html. CMS
also sends copies of all ICD-10-CM and ICD-10-PCS coding changes to its
Medicare contractors for use in updating their systems and providing
education to providers.
Information on ICD-10-CM diagnosis codes, along with the Official
ICD-10-CM Coding Guidelines, can also be found on the CDC website at:
http://www.cdc.gov/nchs/icd/icd10.htm. Additionally, information on
new, revised, and deleted ICD-10-CM diagnosis and ICD-10-PCS procedure
codes is provided to the AHA for publication in the Coding Clinic for
ICD-10. AHA also distributes coding update information to publishers
and software vendors.
The following chart shows the number of ICD-10-CM and ICD-10-PCS
codes and code changes since FY 2016 when ICD-10 was implemented.
[GRAPHIC] [TIFF OMITTED] TP29MY20.108
As mentioned previously, the public is provided the opportunity to
comment on any requests for new diagnosis or procedure codes discussed
at the ICD-10 Coordination and Maintenance Committee meeting.
17. Replaced Devices Offered Without Cost or With a Credit
a. Background
In the FY 2008 IPPS final rule with comment period (72 FR 47246
through 47251), we discussed the topic of Medicare payment for devices
that are replaced without cost or where credit for a replaced device is
furnished to the hospital. We implemented a policy to reduce a
hospital's IPPS payment for certain MS-DRGs where the implantation of a
device that subsequently failed or was recalled determined the base MS-
DRG assignment. At that time, we specified that we will reduce a
hospital's IPPS payment for those MS-DRGs where the hospital received a
credit for a replaced device equal to 50 percent or more of the cost of
the device.
In the FY 2012 IPPS/LTCH PPS final rule (76 FR 51556 through
51557), we clarified this policy to state that the policy applies if
the hospital received a credit equal to 50 percent or more of the cost
of the replacement device and issued instructions to hospitals
accordingly.
b. Proposed Changes for FY 2021
As discussed in section II.D.4. of the preamble of this proposed
rule, for FY 2021, under MDC 03, we are proposing to delete MS-DRGs 129
and 130 and to
[[Page 32561]]
add new MS-DRGs 140, 141, and 142 (Major Head and Neck Procedures with
MCC, with CC, and without CC/MCC, respectively). A subset of the
procedures currently assigned to MS-DRGs 129 and 130 are being proposed
for assignment to proposed new MS-DRGs 140, 141, and 142.
Additionally, as discussed in section II.D.7.b. of the preamble of
this proposed rule, for FY 2021, under MDC 08, we are proposing to
create new MS-DRGs 551 and 552 (Hip Replacement with Principal
Diagnosis of Hip Fracture with and without MCC, respectively). A subset
of the procedures currently assigned to MS-DRGs 469 through 470 are
being proposed for assignment to proposed new MS-DRGs 551 and 552.
As stated in the FY 2016 IPPS/LTCH PPS proposed rule (80 FR 24409),
we generally map new MS-DRGs onto the list when they are formed from
procedures previously assigned to MS-DRGs that are already on the list.
Currently, MS-DRGs 129, 130, 469 and 470 are on the list of MS-DRGs
subject to the policy for payment under the IPPS for replaced devices
offered without cost or with a credit. Therefore, if the applicable
proposed MS-DRG changes are finalized, we also would add proposed new
MS-DRGs 140, 141, 142, 551 and 552 to the list of MS-DRGs subject to
the policy for payment under the IPPS for replaced devices offered
without cost or with a credit and make conforming changes as reflected
in the table. We are also proposing to continue to include the existing
MS-DRGs currently subject to the policy as also displayed in the table.
BILLING CODE 4120-01-P
[[Page 32562]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.110
[[Page 32563]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.111
BILLING CODE 4120-01-C
The final list of MS-DRGs subject to the IPPS policy for replaced
devices offered without cost or with a credit will be included in the
FY2021 IPPS/LTCH
[[Page 32564]]
PPS final rule and also will be issued to providers in the form of a
Change Request (CR).
E. Recalibration of the FY 2021 MS-DRG Relative Weights
Beginning in FY 2007, we implemented relative weights for DRGs
based on cost report data instead of charge information. We refer
readers to the FY 2007 IPPS final rule (71 FR 47882) for a detailed
discussion of our final policy for calculating the cost based DRG
relative weights and to the FY 2008 IPPS final rule with comment period
(72 FR 47199) for information on how we blended relative weights based
on the CMS DRGs and MS DRGs. We also refer readers to the FY 2017 IPPS/
LTCH PPS final rule (81 FR 56785 through 56787) for a detailed
discussion of the history of changes to the number of cost centers used
in calculating the DRG relative weights. Since FY 2014, we have
calculated the IPPS MS DRG relative weights using 19 CCRs, which now
include distinct CCRs for implantable devices, MRIs, CT scans, and
cardiac catheterization.
1. Data Sources for Developing the Relative Weights
Consistent with our established policy, in developing the MS-DRG
relative weights for FY 2021, we are proposing to use two data sources:
claims data and cost report data. The claims data source is the MedPAR
file, which includes fully coded diagnostic and procedure data for all
Medicare inpatient hospital bills. The FY 2019 MedPAR data used in this
proposed rule include discharges occurring on October 1, 2018, through
September 30, 2019, based on bills received by CMS through December 31,
2019, from all hospitals subject to the IPPS and short-term, acute care
hospitals in Maryland (which at that time were under a waiver from the
IPPS). The FY 2019 MedPAR file used in calculating the proposed
relative weights includes data for approximately 9,184,114 Medicare
discharges from IPPS providers. Discharges for Medicare beneficiaries
enrolled in a Medicare Advantage managed care plan are excluded from
this analysis. These discharges are excluded when the MedPAR ``GHO
Paid'' indicator field on the claim record is equal to ``1'' or when
the MedPAR DRG payment field, which represents the total payment for
the claim, is equal to the MedPAR ``Indirect Medical Education (IME)''
payment field, indicating that the claim was an ``IME only'' claim
submitted by a teaching hospital on behalf of a beneficiary enrolled in
a Medicare Advantage managed care plan. In addition, the December 31,
2019 update of the FY 2019 MedPAR file complies with version 5010 of
the X12 HIPAA Transaction and Code Set Standards, and includes a
variable called ``claim type.'' Claim type ``60'' indicates that the
claim was an inpatient claim paid as fee-for-service. Claim types
``61,'' ``62,'' ``63,'' and ``64'' relate to encounter claims, Medicare
Advantage IME claims, and HMO no-pay claims. Therefore, the calculation
of the proposed relative weights for FY 2021 also excludes claims with
claim type values not equal to ``60.'' The data exclude CAHs, including
hospitals that subsequently became CAHs after the period from which the
data were taken. We note that the proposed FY 2021 relative weights are
based on the ICD-10-CM diagnosis codes and ICD-10-PCS procedure codes
from the FY 2019 MedPAR claims data, grouped through the ICD-10 version
of the proposed FY 2021 GROUPER (Version 38).
The second data source used in the cost-based relative weighting
methodology is the Medicare cost report data files from the HCRIS.
Normally, we use the HCRIS dataset that is 3 years prior to the IPPS
fiscal year. Specifically, we used cost report data from the December
31, 2019 update of the FY 2018 HCRIS for calculating the proposed FY
2021 cost-based relative weights. Consistent with our historical
practice, for this FY 2021 proposed rule, we are providing the version
of the HCRIS from which we calculated these proposed 19 CCRs on the CMS
website at: http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html. Click on the link on the left
side of the screen titled ``FY 2021 IPPS Proposed Rule Home Page'' or
``Acute Inpatient Files for Download.''
2. Methodology for Calculation of the Relative Weights
a. General
We calculated the proposed FY 2021 relative weights based on 19
CCRs, as we did for FY 2020. The methodology we are proposing to use to
calculate the FY 2021 MS-DRG cost-based relative weights based on
claims data in the FY 2019 MedPAR file and data from the FY 2018
Medicare cost reports is as follows:
To the extent possible, all the claims were regrouped
using the proposed FY 2021 MS-DRG classifications discussed in sections
II.B. and II.F. of the preamble of this proposed rule.
The transplant cases that were used to establish the
proposed relative weights for heart and heart-lung, liver and/or
intestinal, and lung transplants (MS-DRGs 001, 002, 005, 006, and 007,
respectively) were limited to those Medicare-approved transplant
centers that have cases in the FY 2019 MedPAR file. (Medicare coverage
for heart, heart-lung, liver and/or intestinal, and lung transplants is
limited to those facilities that have received approval from CMS as
transplant centers.)
Organ acquisition costs for kidney, heart, heart-lung,
liver, lung, pancreas, and intestinal (or multivisceral organs)
transplants continue to be paid on a reasonable cost basis. Because
these acquisition costs are paid separately from the prospective
payment rate, it is necessary to subtract the acquisition charges from
the total charges on each transplant bill that showed acquisition
charges before computing the average cost for each MS-DRG and before
eliminating statistical outliers.
Claims with total charges or total lengths of stay less
than or equal to zero were deleted. Claims that had an amount in the
total charge field that differed by more than $30.00 from the sum of
the routine day charges, intensive care charges, pharmacy charges,
implantable devices charges, supplies and equipment charges, therapy
services charges, operating room charges, cardiology charges,
laboratory charges, radiology charges, other service charges, labor and
delivery charges, inhalation therapy charges, emergency room charges,
blood and blood products charges, anesthesia charges, cardiac
catheterization charges, CT scan charges, and MRI charges were also
deleted.
At least 92.8 percent of the providers in the MedPAR file
had charges for 14 of the 19 cost centers. All claims of providers that
did not have charges greater than zero for at least 14 of the 19 cost
centers were deleted. In other words, a provider must have no more than
five blank cost centers. If a provider did not have charges greater
than zero in more than five cost centers, the claims for the provider
were deleted.
Statistical outliers were eliminated by removing all cases
that were beyond 3.0 standard deviations from the geometric mean of the
log distribution of both the total charges per case and the total
charges per day for each MS-DRG.
Effective October 1, 2008, because hospital inpatient
claims include a POA indicator field for each diagnosis present on the
claim, only for purposes of relative weight-setting, the POA indicator
field was reset to ``Y'' for ``Yes'' for all claims that otherwise have
an ``N'' (No) or a ``U'' (documentation insufficient to determine if
the
[[Page 32565]]
condition was present at the time of inpatient admission) in the POA
field.
Under current payment policy, the presence of specific HAC codes,
as indicated by the POA field values, can generate a lower payment for
the claim. Specifically, if the particular condition is present on
admission (that is, a ``Y'' indicator is associated with the diagnosis
on the claim), it is not a HAC, and the hospital is paid for the higher
severity (and, therefore, the higher weighted MS-DRG). If the
particular condition is not present on admission (that is, an ``N''
indicator is associated with the diagnosis on the claim) and there are
no other complicating conditions, the DRG GROUPER assigns the claim to
a lower severity (and, therefore, the lower weighted MS-DRG) as a
penalty for allowing a Medicare inpatient to contract a HAC. While the
POA reporting meets policy goals of encouraging quality care and
generates program savings, it presents an issue for the relative
weight-setting process. Because cases identified as HACs are likely to
be more complex than similar cases that are not identified as HACs, the
charges associated with HAC cases are likely to be higher as well.
Therefore, if the higher charges of these HAC claims are grouped into
lower severity MS-DRGs prior to the relative weight-setting process,
the relative weights of these particular MS-DRGs would become
artificially inflated, potentially skewing the relative weights. In
addition, we want to protect the integrity of the budget neutrality
process by ensuring that, in estimating payments, no increase to the
standardized amount occurs as a result of lower overall payments in a
previous year that stem from using weights and case-mix that are based
on lower severity MS-DRG assignments. If this would occur, the
anticipated cost savings from the HAC policy would be lost.
To avoid these problems, we reset the POA indicator field to ``Y''
only for relative weight-setting purposes for all claims that otherwise
have an ``N'' or a ``U'' in the POA field. This resetting ``forced''
the more costly HAC claims into the higher severity MS-DRGs as
appropriate, and the relative weights calculated for each MS-DRG more
closely reflect the true costs of those cases.
In addition, in the FY 2013 IPPS/LTCH PPS final rule, for FY 2013
and subsequent fiscal years, we finalized a policy to treat hospitals
that participate in the Bundled Payments for Care Improvement (BPCI)
initiative the same as prior fiscal years for the IPPS payment modeling
and ratesetting process without regard to hospitals' participation
within these bundled payment models (77 FR 53341 through 53343).
Specifically, because acute care hospitals participating in the BPCI
Initiative still receive IPPS payments under section 1886(d) of the
Act, we include all applicable data from these subsection (d) hospitals
in our IPPS payment modeling and ratesetting calculations as if the
hospitals were not participating in those models under the BPCI
initiative. We refer readers to the FY 2013 IPPS/LTCH PPS final rule
for a complete discussion on our final policy for the treatment of
hospitals participating in the BPCI initiative in our ratesetting
process. For additional information on the BPCI initiative, we refer
readers to the CMS' Center for Medicare and Medicaid Innovation's
website at: http://innovation.cms.gov/initiatives/Bundled-Payments/index.html and to section IV.H.4. of the preamble of the FY 2013 IPPS/
LTCH PPS final rule (77 FR 53341 through 53343).
The participation of hospitals in the BPCI initiative concluded on
September 30, 2018. The participation of hospitals in the BPCI Advanced
model started on October 1, 2018. The BPCI Advanced model, tested under
the authority of section 1115A of the Act, is comprised of a single
payment and risk track, which bundles payments for multiple services
beneficiaries receive during a Clinical Episode. Acute care hospitals
may participate in BPCI Advanced in one of two capacities: As a model
Participant or as a downstream Episode Initiator. Regardless of the
capacity in which they participate in the BPCI Advanced model,
participating acute care hospitals will continue to receive IPPS
payments under section 1886(d) of the Act. Acute care hospitals that
are Participants also assume financial and quality performance
accountability for Clinical Episodes in the form of a reconciliation
payment. For additional information on the BPCI Advanced model, we
refer readers to the BPCI Advanced web page on the CMS Center for
Medicare and Medicaid Innovation's website at: https://innovation.cms.gov/initiatives/bpci-advanced/. Consistent with our
policy for FY 2020, and consistent with how we have treated hospitals
that participated in the BPCI Initiative, for FY 2021, we continue to
believe it is appropriate to include all applicable data from the
subsection (d) hospitals participating in the BPCI Advanced model in
our IPPS payment modeling and ratesetting calculations because, as
noted previously, these hospitals are still receiving IPPS payments
under section 1886(d) of the Act. Consistent with FY 2020 IPPS/LTCH PPS
final rule, we also are proposing to include all applicable data from
subsection (d) hospitals participating in the Comprehensive Care for
Joint Replacement (CJR) Model in our IPPS payment modeling and
ratesetting calculations.
The charges for each of the 19 cost groups for each claim were
standardized to remove the effects of differences in area wage levels,
IME and DSH payments, and for hospitals located in Alaska and Hawaii,
the applicable cost-of-living adjustment. Because hospital charges
include charges for both operating and capital costs, we standardized
total charges to remove the effects of differences in geographic
adjustment factors, cost-of-living adjustments, and DSH payments under
the capital IPPS as well. Charges were then summed by MS-DRG for each
of the 19 cost groups so that each MS-DRG had 19 standardized charge
totals. Statistical outliers were then removed. These charges were then
adjusted to cost by applying the proposed national average CCRs
developed from the FY 2018 cost report data.
The 19 cost centers that we used in the proposed relative weight
calculation are shown in a supplemental data file posted via the
internet on the CMS website for this proposed rule and available at
http://www.cms.hhs.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index.html. The supplemental data file shows the
lines on the cost report and the corresponding revenue codes that we
used to create the proposed 19 national cost center CCRs. If we receive
comments about the groupings, we may consider those comments as we
finalize our policy.
We are inviting public comments on our proposals related to
recalibration of the proposed FY 2021 relative weights and the changes
in relative weights from FY 2020.
We note that in the FY 2020 IPPS/LTCH PPS final rule, we adopted a
temporary one-time measure for FY 2020 for an MS-DRG where the FY 2018
relative weight declined by 20 percent from the FY 2017 relative
weight, and the FY 2020 relative weight would have declined by 20
percent or more from the FY 2019 relative weight, which was maintained
at the FY 2018 relative weight. For an MS-DRG meeting this criterion,
the FY 2020 relative weight was set equal to the FY 2019 relative
weight, which in turn had been set equal to the FY 2018 relative weight
(84 FR 42167). For FY 2020, the only MS-DRG meeting this criterion was
MS-
[[Page 32566]]
DRG 215. We are inviting public comments on the proposed FY 2021 weight
for MS-DRG 215 (Other Heart Assist System Implant) as set forth in
Table 5 associated with this proposed rule, including comments on
whether we should consider a policy under sections 1886(d)(4)(B) and
(C) of the Act similar to the measure adopted in the FY 2020 IPPS/LTCH
PPS final rule to maintain the FY 2021 relative weight equal to the FY
2020 relative weight for MS-DRG 215, or an alternative approach such as
averaging the FY 2020 relative weight and the otherwise applicable FY
2021 weight.
b. Proposed Relative Weight Calculation for Proposed New MS-DRG 018 for
CAR T-Cell Therapy
As discussed in section II.D.2.b. of this proposed rule, we are
proposing to create new MS-DRG 018 for cases that include procedures
describing CAR T-cell therapies, which are currently reported using
ICD-10-PCS procedure codes XW033C3 or XW043C3. As discussed in section
IV.I. of this proposed rule, given the high cost of the CAR T-cell
product, we are proposing a differential payment for cases where the
CAR T-cell product is provided without cost as part of a clinical trial
to ensure that the payment amount for CAR T-cell therapy clinical trial
cases appropriately reflects the relative resources required for
providing CAR T-cell therapy as part of a clinical trial.
We also believe it would be appropriate to modify our existing
relative weight methodology to ensure that the relative weight for
proposed new MS-DRG 018 appropriately reflects the relative resources
required for providing CAR T-cell therapy outside of a clinical trial,
while still accounting for the clinical trial cases in the overall
average cost for all MS-DRGs. Specifically, we are proposing that
clinical trial claims that group to proposed new MS-DRG 018 would not
be included when calculating the average cost for proposed new MS-DRG
018 that is used to calculate the relative weight for this MS-DRG, so
that the relative weight reflects the costs of the CAR T-cell therapy
drug. Consistent with our analysis of the FY 2019 MedPAR claims data as
discussed in section IV.I. of this proposed rule, we identified
clinical trial claims as claims that contain ICD-10-CM diagnosis code
Z00.6 or contain standardized drug charges of less than $373,000, which
is the average sales price of KYMRIAH and YESCARTA, which are the two
CAR T-cell medicines approved to treat relapsed/refractory diffuse
large B-cell lymphoma as of the time of the development of this
proposed rule. We are also proposing to calculate the following
adjustment to account for the CAR T-cell therapy cases identified as
clinical trial cases in calculating the national average standardized
cost per case that is used to calculate the relative weights for all
MS-DRGs and for purposes of budget neutrality and outlier simulations:
Calculate the average cost for cases to be assigned to
proposed new MS-DRG 018 that contain ICD-10-CM diagnosis code Z00.6 or
contain standardized drug charges of less than $373,000.
Calculate the average cost for cases to be assigned to
proposed new MS-DRG 018 that do not contain ICD-10-CM diagnosis code
Z00.6 or standardized drug charges of at least $373,000.
Calculate an adjustor by dividing the average cost
calculated in step 1 by the average cost calculated in step 2.
Apply the adjustor calculated in step 3 to the cases
identified in step 1 as clinical trial cases, then add this adjusted
case count to the non-clinical trial case count prior to calculating
the average cost across all MS-DRGs.
Each year, when we calculate the relative weights, we use a
transfer-adjusted case count for each MS-DRG, which accounts for
payment adjustments resulting from our postacute care transfer policy.
This process is described in the FY 2006 IPPS/LTCH PPS final rule (70
FR 47697). We propose to apply this adjustor to the case count for MS-
DRG 018 in a similar manner. We propose to first calculate the
transfer-adjusted case count for MS-DRG 018, and then further adjust
the transfer-adjusted case count by the adjustor described previously.
Then, we propose to use this adjusted case count for MS-DRG 018 in
calculating the national average cost per case, which is used in the
calculation of the relative weights. Based on the December 2019 update
of the FY 2019 MedPAR file, we estimate that the average costs of CAR
T-cell therapy cases identified as clinical trial cases ($42,164) are
15 percent of the average costs of CAR T-cell therapy cases identified
as non-clinical trial cases ($277,592), and therefore, in calculating
the national average cost per case, each case identified as a clinical
trial case was adjusted to 0.15. We expect to recalculate this adjustor
for the CAR T cell therapy clinical trial cases for the final rule
based on the updated data available. We also note that we are applying
this proposed adjustor for CAR T-cell therapy clinical trial cases for
purposes of budget neutrality and outlier simulations, as discussed
further in section II.A. of the Addendum to this proposed rule.
We are inviting public comments on our proposal.
3. Development of Proposed National Average CCRs
We developed the proposed national average CCRs as follows:
Using the FY 2018 cost report data, we removed CAHs, Indian Health
Service hospitals, all-inclusive rate hospitals, and cost reports that
represented time periods of less than 1 year (365 days). We included
hospitals located in Maryland because we include their charges in our
claims database. Then we created CCRs for each provider for each cost
center (see the supplemental data file for line items used in the
calculations) and removed any CCRs that were greater than 10 or less
than 0.01. We normalized the departmental CCRs by dividing the CCR for
each department by the total CCR for the hospital for the purpose of
trimming the data. Then we took the logs of the normalized cost center
CCRs and removed any cost center CCRs where the log of the cost center
CCR was greater or less than the mean log plus/minus 3 times the
standard deviation for the log of that cost center CCR. Once the cost
report data were trimmed, we calculated a Medicare-specific CCR. The
Medicare-specific CCR was determined by taking the Medicare charges for
each line item from Worksheet D-3 and deriving the Medicare-specific
costs by applying the hospital-specific departmental CCRs to the
Medicare-specific charges for each line item from Worksheet D-3. Once
each hospital's Medicare-specific costs were established, we summed the
total Medicare-specific costs and divided by the sum of the total
Medicare-specific charges to produce national average, charge-weighted
CCRs.
After we multiplied the total charges for each MS-DRG in each of
the 19 cost centers by the corresponding national average CCR, we
summed the 19 ``costs'' across each MS-DRG to produce a total
standardized cost for the MS-DRG. The average standardized cost for
each MS-DRG was then computed as the total standardized cost for the
MS-DRG divided by the transfer-adjusted case count for the MS-DRG. The
average cost for each MS-DRG was then divided by the national average
standardized cost per case to determine the proposed relative weight.
The proposed FY 2021 cost-based relative weights were then
normalized by a proposed adjustment factor of 1.818392 so that the
average case weight
[[Page 32567]]
after recalibration was equal to the average case weight before
recalibration. The normalization adjustment is intended to ensure that
recalibration by itself neither increases nor decreases total payments
under the IPPS, as required by section 1886(d)(4)(C)(iii) of the Act.
The proposed 19 national average CCRs for FY 2021 are as follows:
[GRAPHIC] [TIFF OMITTED] TP29MY20.116
Since FY 2009, the relative weights have been based on 100 percent
cost weights based on our MS-DRG grouping system.
When we recalibrated the DRG weights for previous years, we set a
threshold of 10 cases as the minimum number of cases required to
compute a reasonable weight. We are proposing to use that same case
threshold in recalibrating the proposed MS-DRG relative weights for FY
2021. Using data from the FY 2019 MedPAR file, there were 7 MS-DRGs
that contain fewer than 10 cases. For FY 2021, because we do not have
sufficient MedPAR data to set accurate and stable cost relative weights
for these low-volume MS-DRGs, we are proposing to compute relative
weights for the low-volume MS-DRGs by adjusting their final FY 2020
relative weights by the percentage change in the average weight of the
cases in other MS-DRGs from FY 2020 to FY 2021. The crosswalk table is
as follows.
[[Page 32568]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.117
G. Proposed Add-On Payments for New Services and Technologies for FY
2021
1. Background
Sections 1886(d)(5)(K) and (L) of the Act establish a process of
identifying and ensuring adequate payment for new medical services and
technologies (sometimes collectively referred to in this section as
``new technologies'') under the IPPS. Section 1886(d)(5)(K)(vi) of the
Act specifies that a medical service or technology will be considered
new if it meets criteria established by the Secretary after notice and
opportunity for public comment. Section 1886(d)(5)(K)(ii)(I) of the Act
specifies that a new medical service or technology may be considered
for new technology add-on payment if, based on the estimated costs
incurred with respect to discharges involving such service or
technology, the DRG prospective payment rate otherwise applicable to
such discharges under this subsection is inadequate. We note that,
beginning with discharges occurring in FY 2008, CMS transitioned from
CMS- DRGs to MS-DRGs. The regulations at 42 CFR 412.87 implement these
provisions and Sec. 412.87(b) specifies three criteria for a new
medical service or technology to receive the additional payment: (1)
The medical service or technology must be new; (2) the medical service
or technology must be costly such that the DRG rate otherwise
applicable to discharges involving the medical service or technology is
determined to be inadequate; and (3) the service or technology must
demonstrate a substantial clinical improvement over existing services
or technologies. In addition, certain transformative new devices and
Qualified Infectious Disease Products may qualify under an alternative
inpatient new technology add-on payment pathway, as set forth in the
regulations at Sec. 412.87(c) and (d). In this rule, we highlight some
of the major statutory and regulatory provisions relevant to the new
technology add-on payment criteria, as well as other information. For a
complete discussion on the new technology add-on payment criteria, we
refer readers to the FY 2012 IPPS/LTCH PPS final rule (76 FR 51572
through 51574) and the FY 2020 IPPS/LTCH PPS final rule (84 FR 42288
through 42300).
a. New Technology Add On Payment Criteria
(1) Newness Criterion
Under the first criterion, as reflected in Sec. 412.87(b)(2), a
specific medical service or technology will be considered ``new'' for
purposes of new medical service or technology add-on payments until
such time as Medicare data are available to fully reflect the cost of
the technology in the MS-DRG weights through recalibration. We note
that we do not consider a service or technology to be new if it is
substantially similar to one or more existing technologies. That is,
even if a medical product receives a new FDA approval or clearance, it
may not necessarily be considered ``new'' for purposes of new
technology add-on payments if it is ``substantially similar'' to
another medical product that was approved or cleared by FDA and has
been on the market for more than 2 to 3 years. In the FY 2010 IPPS/RY
2010 LTCH PPS final rule (74 FR 43813 through 43814), we established
criteria for evaluating whether a new technology is substantially
similar to an existing technology, specifically: (1) Whether a product
uses the same or a similar mechanism of action to achieve a therapeutic
outcome; (2) whether a product is assigned to the same or a different
MS-DRG; and (3) whether the new use of the technology involves the
treatment of the same or similar type of disease and the same or
similar patient population. If a technology meets all three of these
criteria, it would be considered substantially similar to an existing
technology and would not be considered ``new'' for purposes of new
technology add-on payments. For a detailed discussion of the criteria
for substantial similarity, we refer readers to the FY 2006 IPPS final
rule (70 FR 47351 through 47352), and the FY 2010 IPPS/LTCH PPS final
rule (74 FR 43813 through 43814).
(2) Cost Criterion
Under the second criterion, Sec. 412.87(b)(3) further provides
that, to be eligible for the add-on payment for new medical services or
technologies, the MS-DRG prospective payment rate otherwise applicable
to discharges involving the new medical service or technology must be
assessed for adequacy. Under the cost criterion, consistent with the
formula specified in section 1886(d)(5)(K)(ii)(I) of the Act, to assess
the adequacy of payment for a new technology paid under the applicable
MS-DRG prospective payment rate, we evaluate whether the charges for
cases involving the new technology exceed certain threshold amounts.
The MS-DRG threshold amounts generally used in evaluating new
technology add-on payment applications for FY 2021 are presented in a
data file that is available, along with the other data files associated
with the FY 2020 IPPS/LTCH PPS final rule and correction notice, on the
CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index. However, as we discuss in section
II.F.5.i. of the
[[Page 32569]]
preamble of this proposed rule, we are proposing to apply the proposed
threshold value for proposed new MS-DRG 018 in evaluating the cost
criterion for the CAR T-cell therapy technologies for purposes of FY
2021 new technology add-on payments.
As finalized in the FY 2019 IPPS/LTCH PPS final rule (83 FR 41275),
beginning with FY 2020, we include the thresholds applicable to the
next fiscal year (previously included in Table 10 of the annual IPPS/
LTCH PPS proposed and final rules) in the data files associated with
the prior fiscal year. Accordingly, the proposed thresholds for
applications for new technology add-on payments for FY 2022 are
presented in a data file that is available on the CMS website, along
with the other data files associated with this FY 2021 proposed rule,
by clicking on the FY 2021 IPPS Proposed Rule Home Page at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/index. We note that, under our proposal discussed in
section II.F.5.i of the preamble of this proposed rule, beginning with
FY 2022, we would use the proposed threshold values associated with the
proposed rule for that fiscal year to evaluate the cost criterion for
all other applications for new technology add-on payments and
previously approved technologies that may continue to receive new
technology add-on payments, if those technologies would be assigned to
a proposed new MS-DRG for that same fiscal year. In the September 7,
2001 final rule that established the new technology add-on payment
regulations (66 FR 46917), we discussed that applicants should submit a
significant sample of data to demonstrate that the medical service or
technology meets the high-cost threshold. Specifically, applicants
should submit a sample of sufficient size to enable us to undertake an
initial validation and analysis of the data. We also discussed in the
September 7, 2001 final rule (66 FR 46917) the issue of whether the
Health Insurance Portability and Accountability Act (HIPAA) Privacy
Rule at 45 CFR parts 160 and 164 applies to claims information that
providers submit with applications for new medical service or
technology add-on payments. We refer readers to the FY 2012 IPPS/LTCH
PPS final rule (76 FR 51573) for complete information on this issue.
b. Substantial Clinical Improvement Criterion
Under the third criterion at Sec. 412.87(b)(1), a medical service
or technology must represent an advance that substantially improves,
relative to technologies previously available, the diagnosis or
treatment of Medicare beneficiaries. In the FY 2020 IPPS/LTCH PPS final
rule (84 FR 42288 through 42292) we prospectively codified in our
regulations at Sec. 412.87(b) the following aspects of how we evaluate
substantial clinical improvement for purposes of new technology add-on
payments under the IPPS:
The totality of the circumstances is considered when
making a determination that a new medical service or technology
represents an advance that substantially improves, relative to services
or technologies previously available, the diagnosis or treatment of
Medicare beneficiaries.
A determination that a new medical service or technology
represents an advance that substantially improves, relative to services
or technologies previously available, the diagnosis or treatment of
Medicare beneficiaries means--
++ The new medical service or technology offers a treatment option
for a patient population unresponsive to, or ineligible for, currently
available treatments;
++ The new medical service or technology offers the ability to
diagnose a medical condition in a patient population where that medical
condition is currently undetectable, or offers the ability to diagnose
a medical condition earlier in a patient population than allowed by
currently available methods, and there must also be evidence that use
of the new medical service or technology to make a diagnosis affects
the management of the patient;
++ The use of the new medical service or technology significantly
improves clinical outcomes relative to services or technologies
previously available as demonstrated by one or more of the following: A
reduction in at least one clinically significant adverse event,
including a reduction in mortality or a clinically significant
complication; a decreased rate of at least one subsequent diagnostic or
therapeutic intervention; a decreased number of future hospitalizations
or physician visits; a more rapid beneficial resolution of the disease
process treatment including, but not limited to, a reduced length of
stay or recovery time; an improvement in one or more activities of
daily living; an improved quality of life; or, a demonstrated greater
medication adherence or compliance; or
++ The totality of the circumstances otherwise demonstrates that
the new medical service or technology substantially improves, relative
to technologies previously available, the diagnosis or treatment of
Medicare beneficiaries.
Evidence from the following published or unpublished
information sources from within the United States or elsewhere may be
sufficient to establish that a new medical service or technology
represents an advance that substantially improves, relative to services
or technologies previously available, the diagnosis or treatment of
Medicare beneficiaries: Clinical trials, peer reviewed journal
articles; study results; meta-analyses; consensus statements; white
papers; patient surveys; case studies; reports; systematic literature
reviews; letters from major healthcare associations; editorials and
letters to the editor; and public comments. Other appropriate
information sources may be considered.
The medical condition diagnosed or treated by the new
medical service or technology may have a low prevalence among Medicare
beneficiaries.
The new medical service or technology may represent an
advance that substantially improves, relative to services or
technologies previously available, the diagnosis or treatment of a
subpopulation of patients with the medical condition diagnosed or
treated by the new medical service or technology.
We refer the reader to the FY 2020 IPPS/LTCH PPS final rule for
additional discussion of the evaluation of substantial clinical
improvement for purposes of new technology add-on payments under the
IPPS.
We note, consistent with the discussion in the FY 2003 IPPS Final
Rule (67 FR 50015), although we are affiliated with the FDA and we do
not question the FDA's regulatory responsibility for decisions related
to marketing authorization (for example, approval, clearance, etc.), we
do not use FDA criteria to determine what drugs, devices, or
technologies qualify for new technology add-on payments under Medicare.
Our criteria do not depend on the standard of safety and efficacy on
which the FDA relies but on a demonstration of substantial clinical
improvement in the Medicare population (particularly patients over age
65).
c. Alternative Inpatient New Technology Add-On Payment Pathway
Under Sec. 412.87(c) and (d) of the regulations, beginning with
applications for new technology add-on payments for FY 2021, certain
transformative new devices and Qualified Infectious Disease Products
(QIDPs) may qualify for the new technology add-on payment under
[[Page 32570]]
an alternative pathway, as described in this section. We refer the
reader to the FY 2020 IPPS/LTCH PPS final rule for complete discussion
on this policy (84 FR 42292 through 42297). We note, in section
II.F.9.b. of this preamble, we are proposing to expand our current
alternative new technology add-on payment pathway for QIDPs to include
products approved under the Limited Population Pathway for
Antibacterial and Antifungal Drugs (LPAD) pathway. In addition, we are
proposing to refer more broadly to ``certain antimicrobial products''
rather than specifying the particular FDA programs for antimicrobial
products (that is, QIDPs and LPADs) that are the subject of the
alternative new technology add-on payment pathway. (We refer the reader
to section II.F.9.b. of this preamble below for a complete discussion
regarding this proposal.) We note that a technology is not required to
have the specified FDA designation at the time the new technology add-
on payment application is submitted. CMS will review the application
based on the information provided by the applicant under the
alternative pathway specified by the applicant. However, to receive
approval for the new technology add-on payment under that alternative
pathway, the technology must have the applicable designation and meet
all other requirements in the regulations in Sec. 412.87(c) and (d),
as applicable.
(1) Alternative Pathway for Certain Transformative New Devices
For applications received for new technology add-on payments for FY
2021 and subsequent fiscal years, if a medical device is part of FDA's
Breakthrough Devices Program nd received FDA marketing authorization,
it will be considered new and not substantially similar to an existing
technology for purposes of the new technology add-on payment under the
IPPS, and will not need to meet the requirement under Sec.
412.87(b)(1) that it represent an advance that substantially improves,
relative to technologies previously available, the diagnosis or
treatment of Medicare beneficiaries. This policy is codified at Sec.
412.87(c). Under this alternative pathway, a medical device that has
received FDA marketing authorization (that is, has been approved or
cleared by, or had a De Novo classification request granted by, FDA)
and that is part of FDA's Breakthrough Devices Program will need to
meet the cost criterion under Sec. 412.87(b)(3), as reflected in Sec.
412.87(c)(3), and will be considered new as reflected in Sec.
412.87(c)(2). We note, in section II.F.8. of this preamble, we are
clarifying our policy that a new medical device under this alternative
pathway must receive marketing authorization for the indication covered
by the Breakthrough Devices Program designation. (We refer the reader
to section II.F.8. of this preamble below for a complete discussion
regarding this clarification.)
(2) Alternative Pathway for Qualified Infectious Disease Products
(QIDPs)
For applications received for new technology add-on payments for FY
2021 and subsequent fiscal years, if a technology is designated by FDA
as a QIDP and received FDA marketing authorization, it will be
considered new and not substantially similar to an existing technology
for purposes of new technology add-on payments and will not need to
meet the requirement that it represent an advance that substantially
improves, relative to technologies previously available, the diagnosis
or treatment of Medicare beneficiaries. We codified this policy at
Sec. 412.87(d). Under this alternative pathway for QIDPs, a medical
product that has received FDA marketing authorization and is designated
by FDA as a QIDP will need to meet the cost criterion under Sec.
412.87(b)(3), as reflected in Sec. 412.87(d)(3), and will be
considered new as reflected in Sec. 412.87(d)(2).
We refer the reader to the FY 2020 IPPS/LTCH PPS final rule for
complete discussion on this policy (84 FR 42292 through 42297). We
note, in section II.F.9.b. of this preamble, we are clarifying a new
medical product seeking approval for the new technology add-on payment
under the alternative pathway for QIDPs must receive marketing
authorization for the indication covered by the QIDP designation. (We
refer the reader to section II.F.9.b. of this preamble. below for a
complete discussion regarding this clarification.)
d. Additional Payment for New Medical Service or Technology
The new medical service or technology add-on payment policy under
the IPPS provides additional payments for cases with relatively high
costs involving eligible new medical services or technologies, while
preserving some of the incentives inherent under an average-based
prospective payment system. The payment mechanism is based on the cost
to hospitals for the new medical service or technology. For discharges
occurring before October 1, 2019, under Sec. 412.88, if the costs of
the discharge (determined by applying CCRs as described in Sec.
412.84(h)) exceed the full DRG payment (including payments for IME and
DSH, but excluding outlier payments), Medicare made an add-on payment
equal to the lesser of: (1) 50 percent of the costs of the new medical
service or technology; or (2) 50 percent of the amount by which the
costs of the case exceed the standard DRG payment.
Beginning with discharges on or after October 1, 2019, for the
reasons discussed in the FY 2020 IPPS/LTCH PPS final rule (84 FR 42297
through 42300), we finalized an increase in the new technology add-on
payment percentage, as reflected at Sec. 412.88(a)(2)(ii).
Specifically, for a new technology other than a medical product
designated by FDA as a QIDP, beginning with discharges on or after
October 1, 2019, if the costs of a discharge involving a new technology
(determined by applying CCRs as described in Sec. 412.84(h)) exceed
the full DRG payment (including payments for IME and DSH, but excluding
outlier payments), Medicare will make an add-on payment equal to the
lesser of: (1) 65 percent of the costs of the new medical service or
technology; or (2) 65 percent of the amount by which the costs of the
case exceed the standard DRG payment. For a new technology that is a
medical product designated by FDA as a QIDP, beginning with discharges
on or after October 1, 2019, if the costs of a discharge involving a
new technology (determined by applying CCRs as described in Sec.
412.84(h)) exceed the full DRG payment (including payments for IME and
DSH, but excluding outlier payments), Medicare will make an add-on
payment equal to the lesser of: (1) 75 percent of the costs of the new
medical service or technology; or (2) 75 percent of the amount by which
the costs of the case exceed the standard DRG payment. As set forth in
Sec. 412.88(b)(2), unless the discharge qualifies for an outlier
payment, the additional Medicare payment will be limited to the full
MS-DRG payment plus 65 percent (or 75 percent for a medical product
designated by FDA as a QIDP) of the estimated costs of the new
technology or medical service.
We refer the reader to the FY 2020 IPPS/LTCH PPS final rule (84 FR
42297 through 42300) for complete discussion on the increase in the new
technology add on payment beginning with discharges on or after October
1, 2019. We note, in section II.F.9.c. of this preamble, we are
proposing an increase in the new technology add-on payment percentage
to 75 percent for products approved under FDA's LPAD pathway. (We refer
the reader to section II.F.9.c. of this preamble below for a complete
discussion regarding this proposal.)
[[Page 32571]]
Section 503(d)(2) of Public Law 108-173 provides that there shall
be no reduction or adjustment in aggregate payments under the IPPS due
to add-on payments for new medical services and technologies.
Therefore, in accordance with section 503(d)(2) of Public Law 108-173,
add-on payments for new medical services or technologies for FY 2005
and subsequent years have not been subjected to budget neutrality.
e. Evaluation of Eligibility Criteria for New Medical Service or
Technology Applications
In the FY 2009 IPPS final rule (73 FR 48561 through 48563), we
modified our regulations at Sec. 412.87 to codify our longstanding
practice of how CMS evaluates the eligibility criteria for new medical
service or technology add-on payment applications. That is, we first
determine whether a medical service or technology meets the newness
criterion, and only if so, do we then make a determination as to
whether the technology meets the cost threshold and represents a
substantial clinical improvement over existing medical services or
technologies. We amended Sec. 412.87(c) to specify that all applicants
for new technology add-on payments must have FDA approval or clearance
by July 1 of the year prior to the beginning of the fiscal year for
which the application is being considered. We note, in section
II.F.9.c. of this preamble, we are proposing a process by which a
technology for which an application for new technology add-on payments
is submitted under the alternative pathway for certain antimicrobial
products would receive conditional approval for such payment, provided
the product receives FDA marketing authorization by July 1 of the year
for which the new technology add-on payment application was submitted.
(We refer the reader to section II.F.9.c. of this preamble below for a
complete discussion regarding this proposal.)
f. Council on Technology and Innovation (CTI)
The Council on Technology and Innovation at CMS oversees the
agency's cross-cutting priority on coordinating coverage, coding and
payment processes for Medicare with respect to new technologies and
procedures, including new drug therapies, as well as promoting the
exchange of information on new technologies and medical services
between CMS and other entities. The CTI, composed of senior CMS staff
and clinicians, was established under section 942(a) of Public Law 108-
173. The Council is co-chaired by the Director of the Center for
Clinical Standards and Quality (CCSQ) and the Director of the Center
for Medicare (CM), who is also designated as the CTI's Executive
Coordinator.
The specific processes for coverage, coding, and payment are
implemented by CM, CCSQ, and the local Medicare Administrative
Contractors (MACs) (in the case of local coverage and payment
decisions). The CTI supplements, rather than replaces, these processes
by working to assure that all of these activities reflect the agency-
wide priority to promote high-quality, innovative care. At the same
time, the CTI also works to streamline, accelerate, and improve
coordination of these processes to ensure that they remain up to date
as new issues arise. To achieve its goals, the CTI works to streamline
and create a more transparent coding and payment process, improve the
quality of medical decisions, and speed patient access to effective new
treatments. It is also dedicated to supporting better decisions by
patients and doctors in using Medicare-covered services through the
promotion of better evidence development, which is critical for
improving the quality of care for Medicare beneficiaries.
To improve the understanding of CMS' processes for coverage,
coding, and payment and how to access them, the CTI has developed an
``Innovator's Guide'' to these processes. The intent is to consolidate
this information, much of which is already available in a variety of
CMS documents and in various places on the CMS website, in a user
friendly format. This guide was published in 2010 and is available on
the CMS website at: https://www.cms.gov/Medicare/Coverage/CouncilonTechInnov/Downloads/Innovators-Guide-Master-7-23-15.pdf.
As we indicated in the FY 2009 IPPS final rule (73 FR 48554), we
invite any product developers or manufacturers of new medical services
or technologies to contact the agency early in the process of product
development if they have questions or concerns about the evidence that
would be needed later in the development process for the agency's
coverage decisions for Medicare.
The CTI aims to provide useful information on its activities and
initiatives to stakeholders, including Medicare beneficiaries,
advocates, medical product manufacturers, providers, and health policy
experts. Stakeholders with further questions about Medicare's coverage,
coding, and payment processes, or who want further guidance about how
they can navigate these processes, can contact the CTI at
[email protected].
g. Application Information for New Medical Services or Technologies
Applicants for add-on payments for new medical services or
technologies for FY 2022 must submit a formal request, including a full
description of the clinical applications of the medical service or
technology and the results of any clinical evaluations demonstrating
that the new medical service or technology represents a substantial
clinical improvement (unless the application is under one of the
alternative pathways as previously described), along with a significant
sample of data to demonstrate that the medical service or technology
meets the high-cost threshold. Complete application information, along
with final deadlines for submitting a full application, will be posted
as it becomes available on the CMS website at: https://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/newtech.html. To allow interested parties to identify the new medical
services or technologies under review before the publication of the
proposed rule for FY 2022, the CMS website also will post the tracking
forms completed by each applicant. We note that the burden associated
with this information collection requirement is the time and effort
required to collect and submit the data in the formal request for add-
on payments for new medical services and technologies to CMS. The
aforementioned burden is subject to the PRA and approved under OMB
control number 0938-1347.
As discussed previously, in the FY 2020 IPPS/LTCH PPS final rule,
we adopted an alternative inpatient new technology add-on payment
pathway for certain transformative new devices and for Qualified
Infectious Disease Products, as set forth in the regulations at Sec.
412.87(c) and (d). The change in burden associated with these changes
to the new technology add-on payment application process were discussed
in a revision of the information collection requirement (ICR) request
currently approved under OMB control number 0938-1347. In accordance
with the implementing regulations of the PRA, we detailed the revisions
of the ICR and published the required 60-day notice on August 15, 2019
(84 FR 41723) and 30-day notice on December 17, 2019 (84 FR 68936) to
solicit public comments. The ICR is currently pending OMB approval.
2. Public Input Before Publication of a Notice of Proposed Rulemaking
on Add-On Payments
Section 1886(d)(5)(K)(viii) of the Act, as amended by section
503(b)(2) of
[[Page 32572]]
Public Law 108-173, provides for a mechanism for public input before
publication of a notice of proposed rulemaking regarding whether a
medical service or technology represents a substantial clinical
improvement or advancement. The process for evaluating new medical
service and technology applications requires the Secretary to--
Provide, before publication of a proposed rule, for public
input regarding whether a new service or technology represents an
advance in medical technology that substantially improves the diagnosis
or treatment of Medicare beneficiaries;
Make public and periodically update a list of the services
and technologies for which applications for add-on payments are
pending;
Accept comments, recommendations, and data from the public
regarding whether a service or technology represents a substantial
clinical improvement; and
Provide, before publication of a proposed rule, for a
meeting at which organizations representing hospitals, physicians,
manufacturers, and any other interested party may present comments,
recommendations, and data regarding whether a new medical service or
technology represents a substantial clinical improvement to the
clinical staff of CMS.
In order to provide an opportunity for public input regarding add-
on payments for new medical services and technologies for FY 2021 prior
to publication of this FY 2021 IPPS/LTCH PPS proposed rule, we
published a notice in the Federal Register on October 8, 2019 (84 FR
53732), and held a town hall meeting at the CMS Headquarters Office in
Baltimore, MD, on December 16, 2019. In the announcement notice for the
meeting, we stated that the opinions and presentations provided during
the meeting would assist us in our evaluations of applications by
allowing public discussion of the substantial clinical improvement
criterion for the FY 2021 new medical service and technology add-on
payment applications before the publication of the FY 2021 IPPS/LTCH
PPS proposed rule.
Approximately 100 individuals registered to attend the town hall
meeting in person, while additional individuals listened over an open
telephone line. We also live-streamed the town hall meeting and posted
the morning and afternoon sessions of the town hall on the CMS YouTube
web page at: https://www.youtube.com/watch?v=4z1AhEuGHqQ and https://www.youtube.com/watch?v=m26Xj1EzbIY, respectively. We considered each
applicant's presentation made at the town hall meeting, as well as
written comments submitted on the applications that were received by
the due date of January 3, 2020, in our evaluation of the new
technology add-on payment applications for FY 2021 in the development
of this FY 2021 IPPS/LTCH PPS proposed rule.
In response to the published notice and the December 16, 2019 New
Technology Town Hall meeting, we received written comments regarding
the applications for FY 2021 new technology add-on payments. We note
that we do not summarize comments that are unrelated to the
``substantial clinical improvement'' criterion. As explained earlier
and in the Federal Register notice announcing the New Technology Town
Hall meeting (84 FR 53732 through 53734), the purpose of the meeting
was specifically to discuss the substantial clinical improvement
criterion in regard to pending new technology add-on payment
applications for FY 2021. Therefore, we are not summarizing those
written comments in this proposed rule that are unrelated to the
substantial clinical improvement criterion. In section II.F.5. of the
preamble of this proposed rule, we are summarizing comments regarding
individual applications, or, if applicable, indicating that there were
no comments received in response to the New Technology Town Hall
meeting notice or New Technology Town Hall meeting, at the end of each
discussion of the individual applications.
3. ICD-10-PCS Section ``X'' Codes for Certain New Medical Services and
Technologies
As discussed in the FY 2016 IPPS/LTCH PPS final rule (80 FR 49434),
the ICD-10-PCS includes a new section containing the new Section ``X''
codes, which began being used with discharges occurring on or after
October 1, 2015. Decisions regarding changes to ICD-10-PCS Section
``X'' codes will be handled in the same manner as the decisions for all
of the other ICD-10-PCS code changes. That is, proposals to create,
delete, or revise Section ``X'' codes under the ICD-10-PCS structure
will be referred to the ICD-10 Coordination and Maintenance Committee.
In addition, several of the new medical services and technologies that
have been, or may be, approved for new technology add-on payments may
now, and in the future, be assigned a Section ``X'' code within the
structure of the ICD-10-PCS. We posted ICD-10-PCS Guidelines on the CMS
website at: http://www.cms.gov/Medicare/Coding/ICD10/2016-ICD-10-PCS-and-GEMs.html, including guidelines for ICD-10-PCS Section ``X'' codes.
We encourage providers to view the material provided on ICD-10-PCS
Section ``X'' codes.
4. Proposed FY 2021 Status of Technologies Approved for FY 2020 New
Technology Add-On Payments
In this section of the proposed rule, we discuss the proposed FY
2021 status of 18 technologies approved for FY 2020 new technology add-
on payments. In general, we extend new technology add-on payments for
an additional year only if the 3-year anniversary date of the product's
entry onto the U.S. market occurs in the latter half of the upcoming
fiscal year. We refer readers to a table at the end of this section
summarizing for FY 2021 the name of each technology, newness start
date, whether we are proposing to continue or discontinue the add-on
payment for FY 2021, relevant final rule citations, proposed maximum
add-on payment amount and coding assignments.
a. KYMRIAH[supreg] (Tisagenlecleucel) and YESCARTA[supreg]
(Axicabtagene Ciloleucel)
Two manufacturers, Novartis Pharmaceuticals Corporation and Kite
Pharma, Inc., submitted separate applications for new technology add-on
payments for FY 2019 for KYMRIAH[supreg] (tisagenlecleucel) and
YESCARTA[supreg] (axicabtagene ciloleucel), respectively. Both of these
technologies are CD-19-directed T-cell immunotherapies used for the
purposes of treating patients with aggressive variants of non-Hodgkin
lymphoma (NHL). On May 1, 2018, Novartis Pharmaceuticals Corporation
received FDA approval for KYMRIAH[supreg]'s second indication, the
treatment of adult patients with relapsed or refractory (r/r) large B-
cell lymphoma after two or more lines of systemic therapy including
diffuse large B-cell lymphoma (DLBCL) not otherwise specified, high
grade B-cell lymphoma and DLBCL arising from follicular lymphoma. On
October 18, 2017, Kite Pharma, Inc. received FDA approval for the use
of YESCARTA[supreg] indicated for the treatment of adult patients with
r/r large B-cell lymphoma after two or more lines of systemic therapy,
including DLBCL not otherwise specified, primary mediastinal large B-
cell lymphoma, high grade B-cell lymphoma, and DLBCL arising from
follicular lymphoma. With respect to the newness criterion, because
potential cases representing patients who may be eligible for treatment
using KYMRIAH[supreg] and YESCARTA[supreg] would group to the same
[[Page 32573]]
MS-DRGs (because the same ICD-10-CM diagnosis codes and ICD-10-PCS
procedures codes are used to report treatment using either
KYMRIAH[supreg] or YESCARTA[supreg]), and because we believed that
these technologies are intended to treat the same or similar disease in
the same or similar patient population, and are purposed to achieve the
same therapeutic outcome using the same or similar mechanism of action,
we considered these two technologies to be substantially similar to
each other. We refer readers to the FY 2019 IPPS/LTCH PPS final rule
(83 FR 41285 through 41286) and FY 2020 IPPS/LTCH/PPS final rule (84 FR
42185 through 42187) for a complete discussion. We stated in the FY
2019 IPPS/LTCH PPS final rule (83 FR 41285 through 41286) and FY 2020
IPPS/LTCH PPS final rule (84 FR 42185 through 42186) that in accordance
with our policy, since we consider the technologies to be substantially
similar to each other, it is appropriate to use the earliest market
availability date submitted as the beginning of the newness period for
both technologies. According to the applicant for YESCARTA[supreg], the
first commercial shipment of YESCARTA[supreg] was received by a
certified treatment center on November 22, 2017. Therefore, based on
our policy, with regard to both technologies, we stated that the
beginning of the newness period would be November 22, 2017.
KYMRIAH[supreg] and YESCARTA[supreg] were approved for new technology
add-on payments for FY 2019 (83 FR 41299). We refer readers to section
II.H.5.a. of the preamble of the FY 2019 IPPS/LTCH PPS final rule (83
FR 41283 through 41299) and section II.H.4.d. of the preamble of the FY
2020 IPPS/LTCH PPS final rule (84 FR 42185 through 42187) for a
complete discussion of the new technology add-on payment application,
coding and payment amount for KYMRIAH[supreg] and YESCARTA[supreg] for
FY 2019 and FY 2020.
Our policy is that a medical service or technology may continue to
be considered ``new'' for purposes of new technology add-on payments
within 2 or 3 years after the point at which data begin to become
available reflecting the inpatient hospital code assigned to the new
service or technology. Our practice has been to begin and end new
technology add-on payments on the basis of a fiscal year, and we have
generally followed a guideline that uses a 6-month window before and
after the start of the fiscal year to determine whether to extend the
new technology add-on payment for an additional fiscal year. In
general, we extend new technology add-on payments for an additional
year only if the 3-year anniversary date of the product's entry onto
the U.S. market occurs in the latter half of the fiscal year (70 FR
47362).
With regard to the newness criterion for KYMRIAH[supreg] and
YESCARTA[supreg], as discussed in the FY 2019 IPPS/LTCH PPS final rule,
according to the applicant for YESCARTA[supreg], the first commercial
shipment of YESCARTA[supreg] was received by a certified treatment
center on November 22, 2017. As previously stated, we use the earliest
market availability date submitted as the beginning of the newness
period for both KYMRIAH[supreg] and YESCARTA[supreg]. Therefore, we
consider the beginning of the newness period for both KYMRIAH[supreg]
and YESCARTA[supreg] to commence November 22, 2017. Because the 3-year
anniversary date of the entry of the technology onto the U.S. market
(November 22, 2020) will occur in the first half of FY 2021, we are
proposing to discontinue new technology add-on payments for this
technology for FY 2021. We are inviting public comments on our proposal
to discontinue new technology add-on payments for KYMRIAH[supreg] and
YESCARTA[supreg] for FY 2021.
As discussed in section II.D.2.b. of the preamble of this proposed
rule, currently procedures involving CAR T-cell therapies are
identified with ICD-10-PCS procedure codes XW033C3 (Introduction of
engineered autologous chimeric antigen receptor t-cell immunotherapy
into peripheral vein, percutaneous approach, new technology group 3)
and XW043C3 (Introduction of engineered autologous chimeric antigen
receptor t-cell immunotherapy into central vein, percutaneous approach,
new technology group 3), which became effective October 1, 2017. As
discussed in section II.D.2.b. of the preamble of this proposed rule,
we are proposing to create a new MS-DRG 018 for cases reporting ICD-10-
PCS procedure codes XW033C3 or XW043C3 for FY 2021. We also refer
readers to section II.F.5.i of the preamble of this proposed rule for a
complete discussion of our proposal that, effective for FY 2022, for
applications for new technology add-on payments and for previously
approved technologies that may continue to receive new technology add-
on payments, the proposed threshold for the upcoming fiscal year for a
proposed new MS-DRG would be used to evaluate the cost criterion for
any new technologies that would be assigned to a proposed new MS-DRG.
As we also discuss in section II.F.5.i. of the preamble of this
proposed rule, in light of the significant variance in the threshold
amount for proposed new MS-DRG 018 for cases involving CAR T-cell
therapies, we are proposing to apply this policy in evaluating the CAR
T-cell therapy technologies for FY 2021 new technology add-on payments.
This would include both the new FY 2021 CAR T-cell therapy
applications, KTE-X19 and Liso-cel, and those CAR T-cell therapy
technologies previously approved for new technology add-on payments,
KYMRIAH[supreg] and YESCARTA[supreg]. Therefore, even if
KYMRIAH[supreg] and/or YESCARTA[supreg] were still considered new and
within the 3-year anniversary date of the entry of the technology onto
the U.S. market, in determining whether these technologies would
continue to be eligible for the new technology add-on payment, we are
proposing to evaluate whether they meet the cost criterion using the
proposed threshold for the proposed new MS-DRG 018 for FY 2021 payment.
We refer readers to section II.F.5.i. of the preamble of this proposed
rule for a complete discussion on our proposal to use the proposed
threshold for proposed new MS-DRG 018 to evaluate the cost criterion
for CAR T-cell therapy technologies for purposes of FY 2021 new
technology add-on payments.
Per the applicants' cost analyses in the FY 2019 IPPS/LTCH PPS
final rule (83 FR 41291), the final inflated average case-weighted
standardized charge per case for KYMRIAH[supreg] and YESCARTA[supreg]
is $39,723 (not including the charges related to the technology) and
$118,575 (not including the charges related to the technology),
respectively. However, we now have cases involving the use of CAR T-
cell therapy within the FY 2019 MedPAR data that we believe represent
cases that would be eligible for KYMRIAH[supreg] and YESCARTA[supreg]
and which can be used to estimate the average standardized charge per
case for purposes of this proposed rule. This charge information from
the FY 2019 MedPAR data can be found in the FY 2021 Proposed Before
Outliers Removed (BOR) File (available on the CMS website) for Version
38 of the MS-DRGs. Based on information from the FY 2021 Proposed BOR
File for Version 38 of the MS-DRGs, the standardized charge per case
for MS-DRG 018 is $913,224. The average case-weighted threshold amount
based on the proposed new MS-DRG 018 is $1,237,393. Because this
estimated average case-weighted standardized charge per case for
KYMRIAH[supreg] and YESCARTA[supreg] ($913,224) does not exceed the
average case-weighted threshold amount for proposed new MS-DRG 018
($1,237,393), we do not
[[Page 32574]]
believe that the technology would meet the cost criterion and, as
previously stated, are proposing to discontinue new technology add-on
payments for this technology for FY 2021. We are inviting public
comment on our proposals.
b. VYXEOSTM (Daunorubicin and Cytarabine) Liposome for
Injection
Jazz Pharmaceuticals, Inc. submitted an application for new
technology add-on payments for the VYXEOSTM technology for
FY 2019. VYXEOSTM was approved by FDA on August 3, 2017, for
the treatment of adults with newly diagnosed therapy-related acute
myeloid leukemia (t-AML) or AML with myelodysplasia-related changes
(AML- MRC). CMS approved VYXEOSTM for new technology add on
payments for FY 2019 (83 FR 41299). We refer readers to section
II.H.5.b. of the preamble of the FY 2019 IPPS/LTCH PPS final rule (83
FR 41299 through 41305) and section II.H.4.e. of the preamble of the FY
2020 IPPS/LTCH PPS final rule (84 FR 42187 through 42188) for a
complete discussion of the new technology add on payment application,
coding, and payment amount for VYXEOSTM for FY 2019 and FY
2020.
With regard to the newness criterion for VYXEOSTM, we
consider the beginning of the newness period to commence when
VYXEOSTM was approved by the FDA (August 3, 2017). Because
the 3-year anniversary date of the entry of the VYXEOSTM
onto the U.S. market (August 3, 2020) will occur in FY 2020, we are
proposing to discontinue new technology add-on payments for this
technology for FY 2021. We are inviting public comments on our proposal
to discontinue new technology add-on payments for VYXEOSTM
for FY 2021.
c. VABOMERETM> (Meropenem and Vaborbactam)
Melinta Therapeutics, Inc., submitted an application for new
technology add-on payments for VABOMERETM for FY 2019.
VABOMERETM is indicated for use in the treatment of adult
patients who have been diagnosed with complicated urinary tract
infections (cUTIs), including pyelonephritis caused by designated
susceptible bacteria. VABOMERETM received FDA approval on
August 29, 2017 and was approved for new technology add on payments for
FY 2019 (83 FR 41311). We refer readers to section II.H.5.c. of the
preamble of the FY 2019 IPPS/LTCH PPS final rule (83 FR 41305 through
41311) and section II.H.4.f. of the preamble of the FY 2020 IPPS/LTCH
PPS final rule (84 FR 42188 through 42189) for a complete discussion of
the new technology add on payment application, coding, and payment
amount for VABOMERETM for FY 2019 and FY 2020.
With regard to the newness criterion for VABOMERETM, we
consider the beginning of the newness period to commence when
VABOMERETM received FDA approval (August 29, 2017). Because
the 3-year anniversary date of the entry of VABOMERETM onto
the U.S. market (August 29, 2020) will occur in FY 2020, we are
proposing to discontinue new technology add-on payments for this
technology for FY 2021. We are inviting public comments on our proposal
to discontinue new technology add-on payments for VABOMERETM
for FY 2021.
d. Remed[emacr][supreg] System
Respicardia, Inc. submitted an application for new technology add-
on payments for the remed[emacr][supreg] System for FY 2019. The
remed[emacr][supreg] System is indicated for use as a transvenous
phrenic nerve stimulator in the treatment of adult patients who have
been diagnosed with moderate to severe central sleep apnea (CSA). On
October 6, 2017, the remed[emacr][supreg] System was approved by FDA.
The remed[emacr][supreg] System was approved for new technology add on
payments for FY 2019. We refer readers to section II.H.5.d. of the
preamble of the FY 2019 IPPS/LTCH PPS final rule (83 FR 41311 through
41320) and section II.H.4.g. of the preamble of the FY 2020 IPPS/LTCH
PPS final rule (84 FR 42189 through 42190) for a complete discussion of
the new technology add on payment application, coding and payment
amount for the remed[emacr][supreg] System for FY 2019 and FY 2020.
With regard to the newness criterion for the remed[emacr][supreg]
System, as we have discussed in prior rulemaking, we consider the
beginning of the newness period to commence when the
remed[emacr][supreg] System was approved by FDA on October 6, 2017.
However, as we summarized in the FY 2020 IPPS/LTCH PPS final rule (84
FR 42189 through 42190), a commenter on the FY 2020 IPPS/LTCH PPS
proposed rule, who was also the applicant, believed that the newness
period for the remed[emacr][supreg] System should start on February 1,
2018, instead of the FDA approval date of October 6, 2017. The
commenter stated that due to the required build out of operational and
commercial capabilities, the remed[emacr][supreg] System was not
commercially available upon FDA approval and the first case involving
its use did not occur until February 1, 2018. The commenter asserted
that the date of the first implant should mark the start of the newness
period since before that, the technology was not commercially
available. In response to that comment, we indicated that we would
consider the additional information the applicant provided when
proposing whether to continue new technology add-on payments for the
remed[emacr][supreg] System for FY 2021.
As we have discussed in prior rulemaking (77 FR 53348), generally,
our policy is to begin the newness period on the date of FDA approval
or clearance or, if later, the date of availability of the product on
the U.S. market. With regard to the commenter's assertion that the date
of the first implant should mark the start of the newness period, we
note that while we may consider a documented delay in a technology's
availability on the U.S. market in determining when the newness period
begins, under our historical policy, we do not consider how frequently
the medical service or technology has been used in our determination of
newness (70 FR 47349). Without additional information from the
applicant, we cannot determine a newness date based on such a
documented delay in commercial availability (and not the first case
involving use of the remed[emacr][supreg] System on February 1, 2018).
However, even if we were to consider the newness period to commence on
February 1, 2018, as recommended by the commenter, such that the 3-year
anniversary date of the entry of the remed[emacr][supreg] System onto
the U.S. market would be February 1, 2021 rather than October 6, 2020,
that 3-year anniversary date would still occur within the first half of
FY 2021. Because the 3-year anniversary date of the entry of the
remed[emacr][supreg] System onto the U.S. market will occur in the
first half of FY 2021, we are proposing to discontinue new technology
add-on payments for this technology for FY 2021. We are inviting public
comments on our proposal to discontinue new technology add-on payments
for the remed[emacr][supreg] System for FY 2021.
e. ZEMDRITM (Plazomicin)
Achaogen, Inc. submitted an application for new technology add-on
payments for ZEMDRITM (plazomicin) for FY 2019. According to
the applicant, ZEMDRITM is a next generation aminoglycoside
antibiotic, which has been found in vitro to have enhanced activity
against many multidrug resistant (MDR) gram-negative bacteria. The
applicant received approval from FDA on June 25, 2018, for use in the
treatment of adults who have been diagnosed with cUTIs, including
pyelonephritis. ZEMDRITM was
[[Page 32575]]
approved for new technology add on payments for FY 2019 (83 FR 41334).
We refer readers to section II.H.5.f. of the preamble of the FY 2019
IPPS/LTCH PPS final rule (83 FR 41326 through 41334) and section
II.H.4.h. of the preamble of the FY 2020 IPPS/LTCH PPS final rule (84
FR 42190 through 42191) for a complete discussion of the new technology
add on payment application, coding and payment amount for
ZEMDRITM for FY 2019 and FY 2020.
With regard to the newness criterion for ZEMDRITM, we
consider the beginning of the newness period to commence when
ZEMDRITM was approved by FDA on June 25, 2018. As discussed
previously in this section, in general, we extend new technology add-on
payments for an additional year only if the 3-year anniversary date of
the product's entry onto the U.S. market occurs in the latter half of
the upcoming fiscal year. Because the 3-year anniversary date of the
entry of ZEMDRITM onto the U.S. market (June 25, 2021) will
occur in the second half of FY 2021, we are proposing to continue new
technology add-on payments for this technology for FY 2021. We are
proposing that the maximum new technology add-on payment amount for a
case involving the use of ZEMDRITM would remain at $4,083.75
for FY 2021 (we refer readers to the FY 2020 IPPS/LTCH PPS final rule
for complete discussion of the calculation of the new technology add on
payment amount for ZEMDRITM). Cases involving
ZEMDRITM that are eligible for new technology add-on
payments are identified by ICD-10-PCS procedure codes XW033G4
(Introduction of Plazomicin anti-infective into peripheral vein,
percutaneous approach, new technology group 4) or XW043G4 (Introduction
of Plazomicin antiinfective into central vein, percutaneous approach,
new technology group 4). We are inviting public comments on our
proposal to continue new technology add-on payments for
ZEMDRITM for FY 2021.
f. GIAPREZATM (Angiotensin II)
The La Jolla Pharmaceutical Company submitted an application for
new technology add-on payments for GIAPREZATM for FY 2019.
GIAPREZATM, a synthetic human angiotensin II, is
administered through intravenous infusion to raise blood pressure in
adult patients who have been diagnosed with septic or other
distributive shock. GIAPREZATM was granted a Priority Review
designation under FDA's expedited program and received FDA approval on
December 21, 2017, for the use in the treatment of adults who have been
diagnosed with septic or other distributive shock as an intravenous
infusion to increase blood pressure. GIAPREZATM was approved
for new technology add on payments for FY 2019 (83 FR 41342). We refer
readers to section II.H.5.g. of the preamble of the FY 2019 IPPS/LTCH
PPS final rule (83 FR 41334 through 41342) and section II.H.4.i. of the
preamble of the FY 2020 IPPS/LTCH PPS final rule (84 FR 42191) for a
complete discussion of the new technology add on payment application,
coding and payment amount for GIAPREZATM for FY 2019 and FY
2020.
With regard to the newness criterion for GIAPREZATM, we
consider the beginning of the newness period to commence when
GIAPREZATM was approved by FDA (December 21, 2017). As
discussed previously in this section, in general, we extend new
technology add-on payments for an additional year only if the 3-year
anniversary date of the product's entry onto the U.S. market occurs in
the latter half of the upcoming fiscal year. Because the 3-year
anniversary date of the entry of GIAPREZATM onto the U.S.
market (December 21, 2020) will occur in the first half of FY 2021, we
are proposing to discontinue new technology add-on payments for this
technology for FY 2021. We are inviting public comments on our proposal
to discontinue new technology add-on payments for GIAPREZATM
for FY 2021.
g. Cerebral Protection System (Sentinel[supreg] Cerebral Protection
System)
Claret Medical, Inc. submitted an application for new technology
add-on payments for the Cerebral Protection System (Sentinel[supreg]
Cerebral Protection System) for FY 2019. According to the applicant,
the Sentinel Cerebral Protection System is indicated for the use as an
embolic protection (EP) device to capture and remove thrombus and
debris while performing transcatheter aortic valve replacement (TAVR)
procedures. The device is percutaneously delivered via the right radial
artery and is removed upon completion of the TAVR procedure. The De
Novo request for the Sentinel[supreg] Cerebral Protection System was
granted by FDA on June 1, 2017. The Sentinel Cerebral Protection System
was approved for new technology add on payments for FY 2019 (83 FR
41348). We refer readers to section II.H.5.h. of the preamble of the FY
2019 IPPS/LTCH PPS final rule (83 FR 41342 through 41348) and section
II.H.4.j. of the preamble of the FY 2020 IPPS/LTCH PPS final rule (84
FR 42191 through 42192) for a complete discussion the new technology
add on payment application, coding, and payment amount for the
Sentinel[supreg] Cerebral Protection System for FY 2019 and FY 2020.
With regard to the newness criterion for the Sentinel[supreg]
Cerebral Protection System, we consider the beginning of the newness
period to commence when FDA granted the De Novo request for the
Sentinel[supreg] Cerebral Protection System (June 1, 2017). Because the
3-year anniversary date of the entry of the Sentinel[supreg] Cerebral
Protection System onto the U.S. market (June 1, 2020) will occur in FY
2020, we are proposing to discontinue new technology add-on payments
for this technology for FY 2021. We are inviting public comments on our
proposal to discontinue new technology add-on payments for the
Sentinel[supreg] Cerebral Protection System for FY 2021.
h. The AQUABEAM System (Aquablation)
PROCEPT BioRobotics Corporation submitted an application for new
technology add-on payments for the AQUABEAM System (Aquablation) for FY
2019. According to the applicant, the AQUABEAM System is indicated for
the use in the treatment of patients experiencing lower urinary tract
symptoms caused by a diagnosis of benign prostatic hyperplasia (BPH).
FDA granted the AQUABEAM System's De Novo request on December 21, 2017,
for use in the resection and removal of prostate tissue in males
suffering from lower urinary tract symptoms (LUTS) due to benign
prostatic hyperplasia. The AQUABEAM System was approved for new
technology add on payments for FY 2019 (83 FR 41355). We refer readers
to section II.H.5.i. of the preamble of the FY 2019 IPPS/LTCH PPS final
rule (83 FR 41348 through 41355) and section II.H.4.k. of the preamble
of the FY 2020 IPPS/LTCH PPS final rule (84 FR 42192 through 42193) for
a complete discussion of the new technology add on payment application,
coding, and payment for the AQUABEAM System for FY 2019 and FY 2020.
With regard to the newness criterion for the AQUABEAM System, we
consider the beginning of the newness period to commence on the date
FDA granted the De Novo request (December 21, 2017). As discussed
previously in this section, in general, we extend new technology add-on
payments for an additional year only if the 3-year anniversary date of
the product's entry onto the U.S. market occurs in the latter half of
the upcoming fiscal year. Because the 3-year anniversary date of the
entry of the AQUABEAM System
[[Page 32576]]
onto the U.S. market (December 21, 2020) will occur in the first half
of FY 2021, we are proposing to discontinue new technology add-on
payments for this technology for FY 2021. We are inviting public
comments on our proposal to discontinue new technology add-on payments
for the AQUABEAM System for FY 2021.
i. AndexXaTM (Coagulation Factor Xa (Recombinant),
Inactivated-zhzo)
Portola Pharmaceuticals, Inc. (Portola) submitted an application
for new technology add-on payments for FY 2019 for the use of
AndexXaTM (coagulation factor Xa (recombinant), inactivated-
zhzo). AndexXaTM received FDA approval on May 3, 2018, and
is indicated for use in the treatment of patients who are receiving
treatment with rivaroxaban and apixaban, when reversal of
anticoagulation is needed due to life-threatening or uncontrolled
bleeding. AndexXaTM was approved for new technology add on
payments for FY 2019 (83 FR 41362). We refer readers to section
II.H.5.j. of the preamble of the FY 2019 IPPS/LTCH PPS final rule (83
FR 41355 through 41362) and section II.H.4.k. of the preamble of the FY
2020 IPPS/LTCH PPS final rule (84 FR 42193 through 42194) for a
complete discussion of the new technology add on payment application,
coding, and payment amount for AndexXaTM for FY 2019 and FY
2020.
With regard to the newness criterion for AndexXaTM, we
consider the beginning of the newness period to commence when
AndexXaTM received FDA approval (May 3, 2018). As discussed
previously in this section, in general, we extend new technology add-on
payments for an additional year only if the 3-year anniversary date of
the product's entry onto the U.S. market occurs in the latter half of
the upcoming fiscal year. Because the 3-year anniversary date of the
entry of AndexXaTM onto the U.S. market (May 3, 2021) will
occur in the second half of FY 2021, we are proposing to continue new
technology add-on payments for this technology for FY 2021. We are
proposing that the maximum new technology add-on payment for a case
involving AndexXaTM would remain at $18,281.25 for FY 2021
(we refer readers to the FY 2020 IPPS/LTCH PPS final rule for complete
discussion of the calculation of the new technology add on payment
amount for AndexXaTM). Cases involving the use of
AndexXaTM that are eligible for new technology add-on
payments are identified by ICD-10-PCS procedure codes XW03372
(Introduction of inactivated coagulation factor Xa into peripheral
vein, percutaneous approach, new technology group 2) or XW04372
(Introduction of inactivated coagulation factor Xa into central vein,
percutaneous approach, new technology group 2). We are inviting public
comments on our proposal to continue new technology add-on payments for
AndexXaTM for FY 2021.
j. AZEDRA[supreg] (Iobenguane Iodine-131) Solution
Progenics Pharmaceuticals, Inc. submitted an application for new
technology add-on payments for AZEDRA[supreg] (iobenguane Iodine-131)
for FY 2020. AZEDRA[supreg] is a drug solution formulated for
intravenous (IV) use in the treatment of patients who have been
diagnosed with obenguane avid malignant and/or recurrent and/or
unresectable pheochromocytoma and paraganglioma (PPGL). AZEDRA was
approved by FDA on July 30, 2018, as a radioactive therapeutic agent
indicated for the treatment of adult and pediatric patients 12 years
and older with iobenguane scan positive, unresectable, locally advanced
or metastatic pheochromocytoma or paraganglioma who require systemic
anticancer therapy. AZEDRA[supreg] was approved for new technology add
on payments for FY 2020. We refer readers to section II.H.5.a. of the
preamble of the FY 2020 IPPS/LTCH PPS final rule (84 FR 42194 through
42201) for a complete discussion of the new technology add on payment
application, coding and payment amount for AZEDRA[supreg] for FY 2020.
With regard to the newness criterion for AZEDRA[supreg], we
consider the beginning of the newness period to commence when
AZEDRA[supreg] was approved by FDA (July 30, 2018). As discussed
previously in this section, in general, we extend new technology add-on
payments for an additional year only if the 3-year anniversary date of
the product's entry onto the U.S. market occurs in the latter half of
the upcoming fiscal year. Because the 3-year anniversary date of the
entry of AZEDRA[supreg] onto the U.S. market (July 30, 2021) will occur
in the second half of FY 2021, we are proposing to continue new
technology add-on payments for this technology for FY 2021. We are
proposing that the maximum new technology add-on payment for a case
involving AZEDRA[supreg] would remain at $98,150 for FY 2021 (we refer
readers to the FY 2020 IPPS/LTCH PPS final rule for complete discussion
of the calculation of the new technology add on payment amount for
AZEDRA[supreg]). Cases involving the use of AZEDRA[supreg] that are
eligible for new technology add-on payments are identified by ICD-10-
PCS procedure codes XW033S5 (Introduction of Iobenguane I-131
antineoplastic into peripheral vein, percutaneous approach, new
technology group 5), and XW043S5 (Introduction of Iobenguane I-131
antineoplastic into central vein, percutaneous approach, new technology
group 5). We are inviting public comments on our proposal to continue
new technology add-on payments for AZEDRA[supreg] for FY 2021.
k. CABLIVI[supreg] (Caplacizumab-yhdp)
The Sanofi Company submitted an application for new technology add-
on payments for CABLIVI[supreg] (caplacizumab-yhdp) for FY 2020. The
applicant described CABLIVI[supreg] as a humanized bivalent nanobody
consisting of two identical building blocks joined by a tri alanine
linker, which is administered through intravenous and subcutaneous
injection to inhibit microclot formation in adult patients who have
been diagnosed with acquired thrombotic thrombocytopenic purpura
(aTTP). CABLIVI[supreg] received FDA approval on February 6, 2019, for
the treatment of adult patients with acquired aTTP, in combination with
plasma exchange and immunosuppressive therapy. CABLIVI[supreg] was
approved for new technology add on payments for FY 2020. We refer
readers to section II.H.5.b. of the preamble of the FY 2020 IPPS/LTCH
PPS final rule (84 FR 42201 through 42208) for a complete discussion of
the new technology add on payment application, coding, and payment
amount for CABLIVI[supreg] for FY2020.
With regard to the newness criterion for CABLIVI[supreg], we
consider the beginning of the newness period to commence when
CABLIVI[supreg] was approved by FDA (February 6, 2019). Because the 3-
year anniversary date of the entry of CABLIVI[supreg] onto the U.S.
market (February 6, 2022) will occur after FY 2021, we are proposing to
continue new technology add-on payments for this technology for FY
2021. We are proposing that the maximum new technology add-on payment
for a case involving CABLIVI[supreg] would remain at $33,215 for FY
2021 (we refer readers to the FY 2020 IPPS/LTCH PPS final rule for
complete discussion of the calculation of the new technology add on
payment amount for CABLIVI[supreg]). Cases involving the use of
CABLIVI[supreg] that are eligible for new technology add-on payments
are identified by ICD-10-PCS procedure codes XW013W5 (Introduction of
Caplacizumab into subcutaneous tissue, percutaneous approach, new
technology group 5), XW033W5 (Introduction of
[[Page 32577]]
Caplacizumab into peripheral vein, percutaneous approach, new
technology group 5) and XW043W5 (Introduction of Caplacizumab into
central vein, percutaneous approach, new technology group 5). We are
inviting public comments on our proposal to continue new technology
add-on payments for CABLIVI[supreg] for FY 2021.
l. ELZONRISTM (Tagraxofusp-erzs)
Stemline Therapeutics submitted an application for new technology
add-on payments for ELZONRISTM for FY 2020.
ELZONRISTM (tagraxofusp-erzs) is a targeted therapy for the
treatment of blastic plasmacytoid dendritic cell neoplasm (BPDCN)
administered via infusion. On December 21, 2018, the FDA approved
ELZONRISTM for the treatment of blastic plasmacytoid
dendritic cell neoplasm in adults and in pediatric patients 2 years old
and older. ELZONRISTM was approved for new technology add on
payments for FY 2020. We refer readers to section II.H.5.e. of the
preamble of the FY 2020 IPPS/LTCH PPS final rule (84 FR 42231 through
42237) for a complete discussion of the new technology add on payment
application, coding and payment amount for ELZONRISTM for FY
2020.
With regard to the newness criterion for ELZONRISTM, we
consider the beginning of the newness period to commence when
ELZONRISTM was approved by FDA (December 21, 2018). Because
the 3-year anniversary date of the entry of ELZONRISTM onto
the U.S. market (December 21, 2021) will occur after FY 2021, we are
proposing to continue new technology add-on payments for this
technology for FY 2021. We are proposing that the maximum new
technology add-on payment for a case involving ELZONRISTM
would remain at $125,448.05 for FY 2021 (we refer readers to the FY
2020 IPPS/LTCH PPS final rule for complete discussion of the
calculation of the new technology add on payment amount for
ELZONRISTM). Cases involving the use of
ELZONRISTM that are eligible for new technology add-on
payments are identified by ICD-10-PCS procedure codes XW033Q5
(Introduction of Tagraxofusp-erzs antineoplastic into peripheral vein,
percutaneous approach, new technology, group 5) and XW043Q5
(Introduction of Tagraxofusp-erzs antineoplastic into central vein,
percutaneous approach, new technology group 5). We are inviting public
comments on our proposal to continue new technology add-on payments for
ELZONRISTM for FY 2021.
m. BalversaTM (Erdafitinib)
Johnson & Johnson Health Care Systems, Inc. (on behalf of Janssen
Oncology, Inc.) submitted an application for new technology add-on
payments for BalversaTM for FY 2020. BalversaTM
is indicated for the second line treatment of adult patients who have
been diagnosed with locally advanced or metastatic urothelial carcinoma
whose tumors exhibit certain fibroblast growth factor receptor (FGFR)
genetic alterations as detected by an FDA-approved test, and who have
disease progression during or following at least one line of prior
chemotherapy including within 12 months of neoadjuvant or adjuvant
chemotherapy. BalversaTM received FDA approval on April 12,
2019. BalversaTM was approved for new technology add on
payments for FY 2020. We refer readers to section II.H.5.f. of the
preamble of the FY 2020 IPPS/LTCH PPS final rule (84 FR 42237 through
42242) for a complete discussion of the new technology add on payment
application, coding and payment amount for BalversaTM for FY
2020.
With regard to the newness criterion for BalversaTM, we
consider the beginning of the newness period to commence when
BalversaTM was approved by FDA (April 12, 2019). Because the
3-year anniversary date of the entry of BalversaTM onto the
U.S. market (April 12, 2022) will occur after FY 2021, we are proposing
to continue new technology add-on payments for this technology for FY
2021. We are proposing that the maximum new technology add-on payment
for a case involving BalversaTM would remain at $3,563.23
for FY 2021 (we refer readers to the FY 2020 IPPS/LTCH PPS final rule
for complete discussion of the calculation of the new technology add on
payment amount for BalversaTM). Cases involving the use of
BalversaTM that are eligible for new technology add-on
payments are identified by ICD-10-PCS procedure code XW0DXL5
(Introduction of Erdafitinib antineoplastic into mouth and pharynx,
external approach, new technology group 5). We are inviting public
comments on our proposal to continue new technology add-on payments for
BalversaTM for FY 2021.
n. ERLEADATM (Apalutamide)
Johnson & Johnson Health Care Systems Inc., on behalf of Janssen
Products, LP, Inc., submitted an application for new technology add-on
payments for ERLEADATM (apalutamide) for FY 2020. This oral
drug is an androgen receptor inhibitor indicated for the treatment of
patients who have been diagnosed with non-metastatic castration-
resistant prostate cancer (nmCRPC). ERLEADATM received FDA
approval on February 14, 2018. ERLEADATM was approved for
new technology add on payments for FY 2020. We refer readers to section
II.H.5.g. of the preamble of the FY 2020 IPPS/LTCH PPS final rule (84
FR 42242 through 42247) for a complete discussion of the new technology
add on payment application, coding and payment amount for
ERLEADATM for FY 2020.
With regard to the newness criterion for ERLEADATM, we
consider the beginning of the newness period to commence when
ERLEADATM was approved by FDA (February 14, 2018). As
discussed previously in this section, in general, we extend new
technology add-on payments for an additional year only if the 3-year
anniversary date of the product's entry onto the U.S. market occurs in
the latter half of the upcoming fiscal year. Because the 3-year
anniversary date of the entry of ERLEADATM onto the U.S.
market (February 14, 2021) will occur in the first half of FY 2021, we
are proposing to discontinue new technology add-on payments for this
technology for FY 2021. We are inviting public comments on our proposal
to discontinue new technology add-on payments for ERLEADATM
for FY 2021.
o. SPRAVATOTM (Esketamine)
Johnson & Johnson Health Care Systems, Inc., on behalf of Janssen
Pharmaceuticals, Inc., submitted an application for new technology add-
on payments for SPRAVATOTM (Esketamine) nasal spray for FY
2020. The FDA-approved indication for SPRAVATOTM is
treatment resistant depression (TRD). SPRAVATOTM Nasal Spray
was approved by FDA March 5, 2019. SPRAVATOTM was approved
for new technology add on payments for FY 2020. We refer readers to
section II.H.5.h. of the preamble of the FY 2020 IPPS/LTCH PPS final
rule (84 FR 42247 through 42256) for a complete discussion of the new
technology add on payment application, coding and payment amount for
SPRAVATOTM for FY 2020.
With regard to the newness criterion for SPRAVATOTM, we
consider the beginning of the newness period to commence when
SPRAVATOTM was approved by FDA (March 5, 2019). Because the
3-year anniversary date of the entry of SPRAVATOTM onto the
U.S. market (March 5, 2022) will occur after FY 2021, we are proposing
to continue new technology add-on payments for
[[Page 32578]]
this technology for FY 2021. We are proposing that the maximum new
technology add-on payment for a case involving SPRAVATOTM
would remain at $1,014.79 for FY 2021 (we refer readers to the FY 2020
IPPS/LTCH PPS final rule for complete discussion of the calculation of
the new technology add on payment amount for SPRAVATOTM).
In the FY 2020 IPPS/LTCH PPS proposed rule (84 FR 19329), we noted
that the applicant had submitted a request to the ICD-10 Coordination
and Maintenance Committee for approval for a unique ICD-10-PCS
procedure code to specifically identify cases involving the use of
SPRAVATOTM, beginning in FY 2020. As of the time of the
development of the FY 2020 IPPS/LTCH PPS final rule, a unique ICD-10-
PCS procedure code to specifically identify cases involving the use of
SPRAVATOTM had not yet been finalized in response to the
applicant's request. Therefore, we stated that cases reporting
SPRAVATOTM would be identified by ICD-10-PCS procedure code
3E097GC (Introduction of other therapeutic substance into nose, via
natural or artificial opening) for FY 2020. Subsequent to the FY 2020
IPPS/LTCH PPS final rule, a unique ICD-10-PCS procedure code to
specifically identify cases involving the use of SPRAVATOTM
was finalized, effective October 1, 2020. As a result, cases involving
the use of SPRAVATOTM that are eligible for new technology
add-on payments would be identified by ICD-10-PCS procedure code
XW097M5 (Introduction of Esketamine Hydrochloride into nose, via
natural or artificial opening, new technology group 5) for FY 2021.
Because new ICD-10-PCS procedure code XW097M5 is not effective until
October 1, 2020, ICD-10-PCS procedure code 3E097GC is the only code
available to report the use of the SPRAVATOTM for FY 2020.
For FY 2021, beginning with discharges on or after October 1, 2020,
cases involving SPRAVATOTM that are eligible for new
technology add-on payments will be identified using the new ICD-10-PCS
procedure code XW097M5 (that is effective for FY 2021). We are inviting
public comments on our proposal to continue new technology add-on
payments for SPRAVATOTM for FY 2021.
p. XOSPATA[supreg] (Gilteritinib)
Astellas Pharma U.S., Inc. submitted an application for new
technology add-on payments for XOSPATA[supreg] (gilteritinib) for FY
2020. XOSPATA[supreg] received FDA approval November 28, 2018 and is
indicated for the treatment of adult patients who have been diagnosed
with relapsed or refractory acute myeloid leukemia (AML) with a FMS-
like tyrosine kinase 3 (FLT3) mutation as detected by an FDA approved
test. XOSPATA[supreg] was approved for new technology add on payments
for FY 2020. We refer readers to section II.H.5.i. of the preamble of
the FY 2020 IPPS/LTCH PPS final rule (84 FR 42256 through 42260) for a
complete discussion of the new technology add on payment application,
coding and payment amount for XOSPATA[supreg].
With regard to the newness criterion for XOSPATA[supreg], we
consider the beginning of the newness period to commence when
XOSPATA[supreg] was approved by FDA (November 28, 2018). Because the 3-
year anniversary date of the entry of XOSPATA[supreg] onto the U.S.
market (November 28, 2021) will occur after FY 2021, we are proposing
to continue new technology add-on payments for this technology for FY
2021. We are proposing that the maximum new technology add-on payment
for a case involving XOSPATA[supreg] would remain at $7,312.50 for FY
2021 (we refer readers to the FY 2020 IPPS/LTCH PPS final rule for
complete discussion of the calculation of the new technology add on
payment amount for XOSPATA[supreg]). Cases involving the use of
XOSPATA[supreg] that are eligible for new technology add-on payments
are identified by ICD-10-PCS procedure code XW0DXV5 (Introduction of
Gilteritinib antineoplastic into mouth and pharynx, external approach,
new technology group 5). We are inviting public comments on our
proposal to continue new technology add-on payments for XOSPATA[supreg]
for FY 2021.
q. JAKAFITM (Ruxolitinib)
Incyte Corporation submitted an application for new technology add-
on payments for JAKAFITM (ruxolitinib) for FY 2020.
According to the applicant, JAK inhibition represents a therapeutic
approach for the treatment of acute graft-versus-host disease (aGVHD)
in patients who have had an inadequate response to corticosteroids.
JAKAFITM received FDA approval on May 24, 2019 for the
treatment of steroid-refractory aGVHD in adult and pediatric patients
12 years and older. JAKAFITM was approved for new technology
add on payments for FY 2020. We refer readers to section II.H.5.k. of
the preamble of the FY 2020 IPPS/LTCH PPS final rule (84 FR 42265
through 42273) for a complete discussion of the new technology add on
payment application, coding and payment amount for JAKAFITM
for FY 2020.
With regard to the newness criterion for JAKAFITM, we
consider the beginning of the newness period to commence when
JAKAFITM was approved by FDA (May 24, 2019). Because the 3-
year anniversary date of the entry of JAKAFITM onto the U.S.
market (May 24, 2022) will occur after FY 2021, we are proposing to
continue new technology add-on payments for this technology for FY
2021. We are proposing that the maximum new technology add-on payment
for a case involving JAKAFITM would remain at $3,977.06 for
FY 2021 (we refer readers to the FY 2020 IPPS/LTCH PPS final rule for
complete discussion of the calculation of the new technology add on
payment amount for JAKAFITM). Cases involving the use of
JAKAFITM that are eligible for new technology add-on
payments are identified by ICD-10-PCS procedure code XW0DXT5
(Introduction of Ruxolitinib into mouth and pharynx, external approach,
new technology group 5). We are inviting public comments on our
proposal to continue new technology add-on payments for
JAKAFITM for FY 2021.
r. T2Bacteria[supreg] Panel (T2Bacteria Test Panel)
T2Biosystems, Inc. submitted an application for new technology add-
on payments for the T2Bacteria Test Panel (T2Bacteria[supreg] Panel)
for FY 2020. The T2Bacteria[supreg] Panel received 510(k) clearance
from FDA on May 24, 2018 for use as an aid in the diagnosis of
bacteremia, bacterial presence in the blood, which is a precursor for
sepsis. Per the FDA cleared indication, results from the
T2Bacteria[supreg] Panel are not intended to be used as the sole basis
for diagnosis, treatment, or other patient management decisions in
patients with suspected bacteremia. Concomitant blood cultures are
necessary to recover organisms for susceptibility testing or further
identification, and for organisms not detected by the
T2Bacteria[supreg] Panel. The T2Bacteria[supreg] Panel was approved for
new technology add on payments for FY 2020. We refer readers to section
II.H.5.m. of the preamble of the FY 2020 IPPS/LTCH PPS final rule (84
FR 42278 through 42288) for a complete discussion of the new technology
add on payment application, coding and payment amount for the
T2Bacteria[supreg] Panel for FY 2020.
With regard to the newness criterion for the T2Bacteria[supreg]
Panel, we consider the beginning of the newness period to commence when
the T2Bacteria[supreg] Panel was cleared by FDA (May 24, 2018). As
discussed previously in this section, in general, we extend new
technology add-on payments for an additional year only if the 3-year
anniversary date of the product's entry onto the U.S. market
[[Page 32579]]
occurs in the latter half of the upcoming fiscal year. Because the 3-
year anniversary date of the entry of the T2Bacteria[supreg] Panel onto
the U.S. market (May 24, 2021) will occur in the second half of FY
2021, we are proposing to continue new technology add-on payments for
this technology for FY 2021. We are proposing that the maximum new
technology add-on payment for a case involving the T2Bacteria[supreg]
Panel would remain at $97.50 for FY 2021 (we refer readers to the FY
2020 IPPS/LTCH PPS final rule for complete discussion of the
calculation of the new technology add on payment amount for the
T2Bacteria[supreg] Panel). Cases involving the use of the
T2Bacteria[supreg] Panel that are eligible for new technology add-on
payments are identified by ICD-10-PCS procedure code XXE5XM5
(Measurement of infection, whole blood nucleic acid-base microbial
detection, new technology group 5). We are inviting public comments on
our proposal to continue new technology add-on payments for the
T2Bacteria[supreg] Panel for FY 2021.
BILLING CODE 4120-01-P
[[Page 32580]]
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[[Page 32581]]
BILLING CODE 4120-01-C
5. Proposed FY 2021 Applications for New Technology Add-On Payments
(Traditional Pathway)
a. Accelerate Pheno Test BC kit for Use With Accelerate Pheno System
Accelerate Diagnostics, Inc. submitted an application for new
technology add-on payments for the Accelerate PhenoTestTM BC
kit for FY 2021. According to the applicant, the Accelerate
PhenoTestTM BC kit is for use with the Accelerate
PhenoTM system and is the only commercially available
technology in the U.S. that provides microorganism (bacteria and yeast)
identification (ID) and phenotypic (MIC-based) antimicrobial
susceptibility test (AST) results for patients with bacteremia/fungemia
and a positive blood culture. The applicant stated that the Accelerate
PhenoTM system is a novel technology for fast diagnosis of
bloodstream infection that provides these results in approximately 7
hours, as opposed to standard of care methods that typically take 2-3
days.
The applicant stated that other methods that provide phenotypic AST
results such as current automated ID/AST systems, antibiotic gradient
strips and disk diffusion require overnight culturing of the bacteria
to produce an isolated colony of the pathogen, and therefore take 1-2
days longer than the Accelerate PhenoTestTM BC kit. The
applicant explained that other isolate-based methods include matrix-
assisted laser desorption/ionization time-of-flight mass spectrometry
(MALDI-TOF MS) and biochemical methods which only provide
identification results, but not antibiotic susceptibilities which would
indicate possible drug resistance in common pathogens and the efficacy
of the drugs of choice for particular infections. The applicant stated
that similarly, T2 Dx Biosystems with T2 Bacterial Panel provides a
rapid organism ID but does not provide antibiotic susceptibility
results.
The applicant explained that the Accelerate PhenoTestTM
BC kit identifies the following Gram-positive and Gram-negative
bacteria and yeast utilizing fluorescent in-situ hybridization (FISH)
probes targeting organism-specific ribosomal RNA sequences and tests
the antimicrobial agents and resistance phenotypes in the organism(s)
identified in the following table.
[GRAPHIC] [TIFF OMITTED] TP29MY20.119
[[Page 32582]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.120
The applicant stated that the laboratory workflow for the
Accelerate PhenoTestTM BC kit is simple and requires ~2
minutes of hands on laboratory technologist time, in three steps: (1)
Aliquot 0.5 mL positive blood culture into sample vial; (2) load the
sample into the Accelerate PhenoTestTM BC kit; and (3) load
the Accelerate PhenoTestTM BC kit into the Accelerate
PhenoTM system.
The applicant explained and stated the following regarding use of
the Accelerate PhenoTestTM BC kit:
Microorganism identification (ID) is performed using
fluorescence in situ hybridization (FISH). Colocalization of target
(green fluorescence) and universal (red fluorescence) probe signal
confirms presence and identity of the target organism while
differentiating from non-specific staining. ID results are produced in
approximately 2 hours. AST is performed using morphokinetic cellular
analysis (MCA), which measures morphological and kinetic changes over
time of organisms exposed to antibiotics.
MCA is a computer vision-based analytical method that uses
digital microscopy inputs and machine learning technology to observe
individual live cells and recognize patterns of change over time. This
technology tracks and analyzes multiple morphological and kinetic
changes of individual cells and microcolonies under a variety of
conditions. These changes include morphokinetic features such as cell
morphology, mass as measured by light intensity of a growing cells,
division rate, anomalous growth patterns, and heterogeneity. During
this period, morphokinetic features are measured and used for analysis;
the precise quantitative measurement of individual cell growth rate
over time is a powerful indicator of antimicrobial efficacy. Onboard
software algorithms derive minimum inhibitory concentration (MIC)
values from the measured features, and apply appropriate expert rules
for proper interpretation and reporting of categorical interpretations:
S, I, or R (susceptible, intermediate, or resistant). According to the
applicant, AST results are reported in approximately 7 hours from the
start of the run.
The applicant stated that rapid ID/genotypic resistance marker
tests using polymerase chain reaction (PCR) provide partial results and
no MIC values. The applicant further stated that the clinically
actionable results using resistant marker tests are less definitive in
that the absence or presence of a resistance gene does not necessarily
indicate susceptibility or resistance to an antibiotic.
According to the applicant, theoretical studies and research not
conducted with the Accelerate PhenoTestTM BC kit have
illustrated the strong connection between time to appropriate
antimicrobial therapy and clinical outcomes for bacteremic patients.
The applicant stated that time to phenotypic susceptibility results is
critical for patients with serious infections as studies show a
measurable increase in mortality for each hour appropriate treatment is
delayed in patients with septic shock.\1\ The applicant further stated
that based on these and other results, guidelines from the Surviving
Sepsis Campaign recommend prescribing empiric broad- spectrum
antimicrobials within 1 hour of recognition for both sepsis and septic
shock.\2\ However, the applicant explained that initial empiric therapy
can be inappropriate in as high as 30-50 percent of
cases.3 4 The applicant stated that patients treated with
appropriate versus inappropriate initial antimicrobial therapy have
been shown to have improved patient outcomes including mortality,
hospital length of stay (LOS), intensive care unit (ICU) LOS, and days
on mechanical ventilation.\5\
---------------------------------------------------------------------------
\1\ Kumar A, et al. Duration of hypotension before initiation of
effective antimicrobial therapy is the critical determinant of
survival in human septic shock. Crit Care Med 2006; 34(6):1589-96.
\2\ Rhodes A, et al. Surviving Sepsis Campaign: International
Guidelines for Management of Severe Sepsis and Septic Shock: 2016.
Intensive Care Med 2017; 43(3):304-77.
\3\ Hecker MT, et al. Unnecessary Use of Antimicrobials in
Hospitalized Patients. Arch Intern Med 2003; 163:972-8.
\4\ Herzke CA, et al. Empirical Antimicrobial Therapy for
Bloodstream Infection Due to Methicillin-Resistant Staphylococcus
aureus: No Better Than a Coin Toss. Infect Control Hosp Epidemiol
2009; 30(11):1057-61.
\5\ Burnham J, et al. Clinical Impact of Expedited Pathogen
Identification and Susceptibility Testing for Gram-negative
Bacteremia and Candidemia Using the Accelerate PhenoTM System.
Poster presented at: IDWeekTM; October 2017, San Diego, CA.
---------------------------------------------------------------------------
With respect to the newness criterion, the Accelerate
PhenoTestTM BC kit received FDA de novo clearance on
February 23, 2017. According to applicant, the technology was on the
[[Page 32583]]
market immediately after FDA approval in February 2017. According to
the applicant, on September 22, 2019, Accelerate Diagnostics, Inc.
(AXDX) submitted a 510(k) submission to FDA, which details several
changes to the Accelerate PhenoTestTM BC kit. According to
the applicant, the purpose of the 510(k) submission is to present
product enhancements and include an additional organism-antimicrobial
combination to the panel. There are currently no ICD-10-PCS procedure
codes that uniquely identify the use of the Accelerate
PhenoTM BC kit. We note the applicant submitted a request
for approval for a unique ICD-10-PCS procedure code to identify use of
the technology beginning in FY 2021. The applicant provided the
following ICD-10 codes that they stated would identify cases for which
their technology is used, in the interim.
[[Page 32584]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.121
As discussed previously, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would not be considered ``new''
for purposes of new technology add-on payments.
With regard to the first criterion, whether a product used the same
or similar mechanism of action to achieve a therapeutic outcome,
according to the applicant, the Accelerate PhenoTestTM BC
kit for use with the Accelerate PhenoTM system is the only
fast, automated, phenotypic, direct-from-positive blood culture ID/AST
technology available. The applicant
[[Page 32585]]
explained that it provides MIC values as well as SIR categorical
designations (that is, susceptible, intermediate, resistant). The
applicant further explained that MIC results are used to not only
choose which antimicrobial(s) is/are active for a patient's infection,
but also may be used to modify dosing, based on the relative degree of
resistance to an antimicrobial the MIC indicates. The applicant also
stated that both results are significantly faster than other methods
(approximately 40 hours faster).
The applicant stated that in support of the uniqueness of the test
compared to other technologies, in 2017 the Accelerate
PhenoTestTM BC kit used with the Accelerate
PhenoTM system was granted marketing authorization by the
FDA under the de novo pathway, which is reserved for devices of a new
type with low-to-moderate risk for which there are no legally marketed
predicates.
The applicant explained that other FDA-cleared identification (ID)
technologies include Bruker Daltonics MALDI TOF-MS, bioMerieux
Vitek[supreg] MS. Additionally, the applicant noted several FDA-cleared
AST methods, which are based on broth microdilution (BMD), including
bioMerieux VITEK[supreg]2, ThermoFisher SensititreTM AST
system, BD PhoenixTM AST system, and Beckman Coulter
MicroScan Walkaway. Additionally, the applicant noted that AST can be
determined using antibiotic gradient strips and disk diffusion. The
applicant notes all of these technologies require overnight culturing
to produce an isolated colony of the pathogen, and therefore take 1 to
2 days longer than the Accelerate PhenoTestTM BC kit.
According to the applicant, FDA-cleared genotypic technologies
provide organism identification results and presence/absence of some
antibiotic resistance genes. The applicant explained that knowledge
that a gene is present can be used to rule out therapy, but the absence
of a resistance gene generally does not allow a clinician to rule-in
antibiotic therapy, unlike phenotypic AST, which can do both. According
to the applicant, genotypic tests that are FDA cleared and available in
the US include the BioFire[supreg] FilmArray, Luminex[supreg]
Verigene[supreg] Nanosphere, GenMark ePlex[supreg] BCID Panel, Curetis
Unyvero A50 system, iCubate[supreg] iC-systemTM, T2 Dx
Biosystems with T2 Bacterial Panel, and Cepheid GeneXpert[supreg]
(Table 2). The applicant explained that rapid ID/genotypic resistance
marker tests can provide fast results in hours directly from positive
blood culture; however these methods only provide partial results,
resulting in less diagnostic certainty. The applicant further explained
that unlike phenotypic AST results, the absence or presence of a
resistance gene does not definitively indicate susceptibility or
resistance to an antibiotic, respectively. The applicant noted that
resistance can be caused by multiple mutations across >1 gene (that is,
porin or efflux pump), and resistance depends not only on the presence
of a gene, but also on its level of expression. The applicant further
explained that while clinicians can use these partial results to
prescribe effective therapy in select cases, patients are often left on
overly broad spectrum therapy, which may or may not be effective for
that individual because the resistance marker results only allow
clinicians to rule-out certain therapies.\6\
---------------------------------------------------------------------------
\6\ Dien Bard J. and Lee F. Why Can't We Just Use PCR? The Role
of Genotypic versus Phenotypic Testing for Antimicrobial Resistance
Testing. Clin Microb 40(11): 87.
---------------------------------------------------------------------------
According to the applicant, in contrast, phenotypic MIC-based
results are key drivers for clinical decisions when determining
antibiotics, dose regimen, and de-escalation. The applicant also stated
that in a recent conference publication, one institution that
implemented a genotypic resistance marker test found that even after 5
years of use, clinicians did not de-escalate from empiric
antimicrobials for 62 percent of patients with E. coli and Klebsiella
pneumoniae bloodstream infections until phenotypic antimicrobial
susceptibility results were available.\7\ To address whether the
version of the Accelerate PhenoTest BC kit currently pending 510(k)
clearance uses the same or similar mechanism of action to achieve a
therapeutic outcome as the version that has been on the market since
February 2017, the applicant provided the following table describing
the differences between the two products:
---------------------------------------------------------------------------
\7\ Mead P., Raimondi T., Farrell J. Money For Nothing--
Prospective Examination of Impact of Biofire BC ID PCR on Empiric
Antibiotic Treatment in Escherichia coli & Klebsiella pneumoniae
Bacteremia. Poster presented at: ASM Microbe; June 2019, San
Francisco, CA.
---------------------------------------------------------------------------
BILLING CODE 4120-01-P
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[[Page 32587]]
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[[Page 32588]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.124
BILLING CODE 4120-01-C
According to the applicant, while this product originally received
FDA de novo status in February 2017, it should still be considered new
for the following two reasons. First, the applicant stated that there
is still no other comparable integrated rapid ID and rapid AST
diagnostic for positive blood cultures commercially available in the
US. The applicant stated that this technology was completely novel when
it was launched and remains alone in its class today. The applicant
added that this particular technology has yet to experience widespread
adoption in U.S. hospitals. Second, the applicant stated that it
submitted an FDA 510(k) submission on Sept. 22, 2019 for a product
addendum, which contains clinically relevant modifications to the
originally cleared product, impacting both the organism identification
and the antibiotic susceptibility testing reportability. The applicant
stated that it believes the software updates and assay changes
contained in this submission, and as set forth in the previous table,
are substantive and meet the criteria for newness.
With respect to the second criterion, the applicant did not
indicate whether the Accelerate PhenoTestTM BC kit would be
assigned to the same MS-DRGs as cases representing patients who receive
diagnostic information from competing technologies, or from the version
of the Accelerate PhenoTestTM BC kit that was approved in
February 2017. However, we believe that cases involving the use of the
technology would be assigned to the same MS-DRGs as cases involving the
use of the previous version of the Accelerate PhenoTestTM BC
Kit that was approved in 2017, as well as cases representing patients
who receive diagnostic information from competing technologies.
With respect to the third criterion, the applicant did not specify
whether the Accelerate PhenoTestTM BC kit involves the
treatment of the same or similar type of disease and the same or
similar patient population as existing technologies, including the
version of the Accelerate PhenoTestTM BC kit that was
approved in February 2017. However, we believe that both the current
version of the Accelerate PhenoTestTM BC kit and the
predicate version of the Accelerate PhenoTestTM BC kit, as
well as competing technologies that may also aid in diagnosing patients
with bloodstream infections, would treat the same or similar type of
disease and patient population.
The applicant is seeking new technology add-on payments for the
version of the Accelerate PhenoTestTM BC kit that is the
subject of the September 2019 510(k) submission to FDA. We are
concerned that this updated technology may be substantially similar to
the first version of the Accelerate PhenoTestTM BC kit that
was first available on the U.S. market in February 2017 and, therefore,
the technology would not meet the newness criterion. It is not clear
that the changes made to the product currently pending 510(k) clearance
would distinguish the mechanism of action of this updated product from
the mechanism of action of the first version of the technology, which
received FDA de novo clearance on February 23, 2017. Although we
understand that the updated version includes software updates and assay
changes, we believe both tests may nonetheless use the same mechanism
of action, consisting of phenotypic, direct-from-positive blood culture
identification and AST technology that provides MIC values as well as
SIR categorical designations.
[[Page 32589]]
Furthermore, like other available diagnostic tests, the Accelerate
PhenotypeTM BC Kit uses positive blood cultures to identify
microorganisms.
We also are concerned with regard to the lack of information from
the applicant regarding the second and third substantial similarity
criteria. Because the first version of the Accelerate
PhenoTestTM BC kit was first available on the U.S. market in
February 2017 and because we believe the version that is currently
pending 510(k) clearance may be substantially similar, we are concerned
that the product may not be considered new for the purposes of new
technology add-on payments. We believe the costs associated with the
Accelerate PhenoTestTM BC kit should be reflected in the
relative payment weights for the MS-DRGs to which cases involving
treatment with the Accelerate PhenoTestTM BC kit would be
assigned, because the product has been on the market and available
since 2017. Also, similar to our discussion in the FY 2006 IPPS final
rule (70 FR 47349), whether a technology has yet to experience
widespread adoption in U.S. hospitals is not relevant to the
determination of whether the technology is ``new.'' Consistent with the
statute, a technology no longer qualifies as ``new'' once it is more
than 2 to 3 years old, irrespective of how frequently it has been used
in the Medicare population. Therefore, if a product is more than 2 to 3
years old, we consider its costs to be included in the MS-DRG relative
weights whether its use in the Medicare population has been frequent or
infrequent. We are inviting public comments on whether the Accelerate
PhenoTestTM BC kit is substantially similar to other
technologies, including the version of this technology that received
FDA de novo clearance on February 23, 2017, and whether the Accelerate
PhenoTestTM BC kit meets the newness criterion.
With regard to the cost criterion, the applicant conducted the
following analysis to demonstrate that the technology meets the cost
criterion. The applicant identified 43 ICD-10-CM diagnosis codes that
apply to conditions for which its technology may be used, and then
applied these 43 codes to the MEDPAR Limited Data Set (LDS)--Hospital
(National) FY 2018 (Proposed Rule) data, in order to identify cases for
which the use of Accelerate PhenoTestTM BC kit could be
appropriate. These diagnosis codes are the 41 diagnosis codes listed in
the previous table, along with ICD-10-CM codes R78.81 (Bacteremia) and
B49 (Unspecified mycosis).
According to the applicant, this process resulted in 27,971 cases
spanning 411 MS-DRGs, with approximately 80 percent of those cases
mapping to the following top 8 MS-DRGs:
[GRAPHIC] [TIFF OMITTED] TP29MY20.125
The applicant performed two analyses to demonstrate that the
technology meets the cost criterion. The first analysis was based on
100 percent of the claims that included the specified ICD-10 codes,
while the second analysis was based on the 80 percent of claims that
mapped to the top 8 MS-DRGs listed previously.
Under both analyses, the applicant removed charges for prior
technology or technology being replaced. Using Accelerate Diagnostics
customer cost and utilization information and the National Average
Laboratory Cost-to-Charge Ratio (CCR) of 0.109 (84 FR 42179), the
applicant estimated the charge for prior technology as approximately
$339. Specifically, the applicant multiplied an 80 percent utilization
by a cost of $15 for the MALDI-TOF MS-based test and multiplied a 25
percent utilization by a cost of $100 for the Molecular BCID. The
applicant then added these calculations, reaching a sum of $37 of
estimated cost. The applicant divided this cost by the National Average
Laboratory CCR (0.109), reaching an estimated charge of $339.45. The
applicant also removed other charges related to the prior technology,
assuming cost savings related to reduced LOS, vancomycin avoidance, C.
difficile infection avoidance, and acute kidney injury avoidance based
on data from provided studies.8 9 10 11 12 13 14
---------------------------------------------------------------------------
\8\ Zimlichman E, et al. Health Care-Associated Infections: A
Meta-analysis of Costs and Financial Impact on the US Health Care
System. JAMA Intern Med 2013; 173(22):2039-46.
\9\ Chertow GM, et al. Acute kidney injury, mortality, length of
stay, and costs in hospitalized patients. J Am Soc Nephrol 2005;
16:3365-70.
\10\ Sheth S, et al. Impact of Rapid Identification (ID) and
Antimicrobial Susceptibility Testing (AST) on Antibiotic Therapy and
Outcomes for Patients with Bacteraemia/Candidaemia. Poster presented
at: ECCMID; April 2019, Amsterdam, Netherlands.
\11\ Henry J Kaiser Family Foundation. Hospital Adjusted
Expenses per Inpatient Day by Ownership. KFF website: https://www.kff.org/health-costs/state-indicator/expenses-per-inpatient-day-by-ownership. Published 2016. Accessed June 6, 2019.
\12\ Suryadevara M, et al. Inappropriate Vancomycin Therapeutic
Drug Monitoring in Hospitalized Pediatric Patients Increases
Pediatric Trauma and Hospital Costs. J Pediatr Pharmacol Ther 2012;
17(2):159-65.
\13\ Zimlichman E, et al. Health Care-Associated Infections: A
Meta-analysis of Costs and Financial Impact on the US Health Care
System. JAMA Intern Med 2013; 173(22):2039-46.
\14\ Dare R, et al. Impact of Accelerate PhenoTM
Rapid Blood Culture Detection System on Laboratory and Clinical
Outcomes in Bacteremic Patients. Oral presentation at:
IDWeekTM; October 2018, San Francisco, CA.
---------------------------------------------------------------------------
The applicant then standardized the charges and applied the 2-year
outlier inflation factor of 11.1 percent used to update the outlier
threshold in the FY 2020 IPPS final rule (84 FR 42629). The applicant
indicated an estimated per patient cost for the Accelerate
PhenoTestTM BC kit of $375.17 (based on current average
sales price of the Accelerate PhenoTestTM BC kit, plus
market data on several other associated elements of per-patient cost
enumerated by the applicant). The applicant then added charges for the
Accelerate PhenoTestTM BC kit by dividing the average
hospital cost per patient of $375.17 by the National Average Laboratory
CCR of 0.109.
The applicant reported that these analyses met the cost criterion
in each instance. For the analysis based on 100 percent of cases, the
applicant
[[Page 32590]]
computed a final inflated average case weighted standardized charge per
case of $107,432, as compared to an average case-weighted threshold
amount of $75,101. For the analysis based on the 80 percent of cases in
the top eight MS-DRGs, the applicant computed a final inflated average
case weighted standardized charge per case of $86,956, as compared to
the average case-weighted threshold amount of $71,401. Because the
final inflated average case-weighted standardized charge per case
exceeded the average case-weighted threshold amount under both analyses
described previously, the applicant asserted that the technology meets
the cost criterion.
We are inviting public comments on whether the Accelerate
PhenoTestTM BC Kit meets the cost criterion.
With respect to the substantial clinical improvement criterion, the
applicant asserted that the Accelerate PhenoTest BC kit represents a
substantial clinical improvement over existing technology because data
from studies show that it offers the ability to diagnose a medical
condition earlier than allowed by currently available methods.
Additionally, the applicant stated that these studies suggest the
Accelerate PhenoTest BC kit improves clinical outcomes relative to
services or technologies previously available. Specifically, according
to the applicant, the studies demonstrate a reduction in clinically
significant adverse events such as lower mortality, a decrease in
inappropriate therapy, a more rapid resolution, and the termination of
antibiotic therapy.
The applicant submitted fifteen published peer-reviewed articles
that the applicant stated demonstrate the ability to diagnose a medical
condition earlier than allowed by currently available methods. Per the
applicant, the results demonstrated the following: reduction in time to
AST results, de-escalation or escalation, and hands-on time; decreased
time to step-down therapy, initiation of definitive therapy (TTDT),
optimal therapy (TTOT), effective therapy (TTET) and active therapy;
and decreased use of aminopenicillin + B-lactamase, cefepime,
aminoglycosides, piperacillin-tazobactam, and vancomycin. The applicant
also asserted that the results demonstrated reduced length of stay,
total antibiotic days on therapy (DOT), antibiotic intensity score,
average number of antibiotic days, median days of broad-spectrum
antibiotics, time to first antibiotic modification and first Gram
negative antibiotic modification, and inpatient mortality. We summarize
the studies the applicant provided as follows:
Brazelton de Cardenas, et al.\15\ is an equivalency
performance (methods comparison) paper and showed identification
sensitivity of 91.2 percent and AST categorical agreement (CA) of 91.2-
91.8 percent. The applicant explained that the time to results for the
Accelerate PhenoTestTM BC kit for use with the Accelerate
PhenoTM system were 40.1 hours faster than standard of care
(VITEK[supreg]2 and BMD).
---------------------------------------------------------------------------
\15\ Brazelton de Cardenas JN, Su Y, Rodriguez A, et al.
Evaluation of rapid phenotypic identification and antimicrobial
susceptibility testing in a pediatric oncology center. Diagn
Microbiol Infect Dis 2017; 89: 52-7.
---------------------------------------------------------------------------
Bowler, et al.\16\ is an equivalency performance paper
that examined Acinetobacter clinical isolates showing ID sensitivity of
97.6 percent and specificity of 86.6 percent and AST essential
agreement of 98.0 percent. The applicant stated that standard of care
was MALDI-TOF MS for ID and broth microdilution (BMD) for AST.
---------------------------------------------------------------------------
\16\ Bowler et al. Evaluation of the Accelerate
PhenoTM System for identification of Acinetobacter
clinical isolates and minocycline susceptibility testing. J Clin
Microbiol. 2019 57(3):e01711-18.
---------------------------------------------------------------------------
Burnham, et al.\17\ is an equivalency performance paper
showing ID sensitivity of 91.5 percent and specificity of 99.6 percent
and AST CA of 91.0 percent. The applicant explained that the time to
results for the Accelerate PhenoTestTM BC kit for use with
the Accelerate PhenoTM system was 40.8 hours faster than
standard of care (VITEK[supreg]2 or DD for AST).
---------------------------------------------------------------------------
\17\ Burnham JP, Wallace MA, Fuller BM, et al. Clinical Effect
of Expedited Pathogen Identification and Susceptibility Testing for
Gram-Negative Bacteremia and Candidemia by Use of the Accelerate
PhenoTM System. J Appl Lab Med 2019. 3(6):569.
---------------------------------------------------------------------------
Charnot-Katsikas, et al.\18\ is an equivalency performance
paper showing ID sensitivity of 95.6 percent and specificity of 99.5
percent and AST EA of 95.1 percent and CA of 95.5 percent. The
applicant explained that the time to results for the Accelerate
PhenoTestTM BC kit for use with the Accelerate
PhenoTM system was 41.86 hours faster than standard of care
(VITEK MS for ID and VITEK2 for AST) and reduction in hands-on time was
25.5 minutes per culture.
---------------------------------------------------------------------------
\18\ Charnot-Katsikas A, Tesic V, Love N, et al. Use of the
Accelerate PhenoTM System for Identification and
Antimicrobial Susceptibility Testing of Pathogens in Positive Blood
Cultures and Impact on Time to Results and Workflow. J Clin
Microbiol 2018; 56.
---------------------------------------------------------------------------
De Angelis, et al.\19\ is an equivalency performance paper
showing antimicrobial susceptibility testing (AST) categorical
agreement (CA) of 92.7 percent for gram-positive and 99.0 percent for
gram-negative organisms. The applicant explained that the standard of
care was BMD for AST.
---------------------------------------------------------------------------
\19\ De Angelis G, Posteraro B, Menchinelli G, et al.
Antimicrobial susceptibility testing of pathogens isolated from
blood culture: a performance comparison of Accelerate
PhenoTM and VITEK[supreg]2 systems with broth
microdilution method. J Antimicrob Chemother 2019. 74
(Supplement_1):i24-i31.
---------------------------------------------------------------------------
Descours, et al.\20\ is an equivalency performance paper
showing ID sensitivity of 96.2 percent and AST EA of 92.3 percent and
CA of 93.7 percent. The applicant explained that the time to results
for the Accelerate PhenoTestTM BC kit for use with the
Accelerate PhenoTM system was 24.4 hours faster than MALDI-
TOF MS for ID and VITEK[supreg]2/traditional BMD for AST. According to
the applicant, the study concluded that overall categorical agreement
was decreased for beta-lactams (cefepime 84.4 percent, piperacillin-
tazobactam 86.5 percent, ceftazidime 87.6 percent) or Pseudomonas
aeruginosa (71.9 percent; with cefepime 33.3 percent, piperacillin-
tazobactam 77.8 percent, ceftazidime 0 percent).
---------------------------------------------------------------------------
\20\ Descours G, Desmurs L, Hoang TLT, et al. Evaluation of the
Accelerate PhenoTM system for rapid identification and
antimicrobial susceptibility testing of Gram-negative bacteria in
bloodstream infections. Eur J Clin Microbiol Infect Dis 2018; 37:
1573-83.
---------------------------------------------------------------------------
Giordano, et al.\21\ is an equivalency performance paper
showing ID sensitivity of 97 percent and AST CA of 91.3 percent
(breakdown of 94.7 percent gram-positive (GP) and 90.2 percent gram-
negative (GN) organisms) and EA of 81.8 percent. Standard of care was
MALDI-TOF MS for ID and Sensitire/traditional BMD for AST. According to
the applicant, the paper concluded that both methodologies provided
comparable results, showing no statistically significant differences.
The study concluded that the time to obtain ID and AST as well as costs
are lower for Alfred 60AST combined with MALDI-TOF MS; however, the
PhenoTest BC kit provides both identification and MIC determination in
one cartridge. The study noted that both systems were determined to
allow for proper diagnostic stewardship in order to hinder sepsis and
minimize the spread of bacterial resistance.
---------------------------------------------------------------------------
\21\ Giordano C, Piccoli E, Brucculeri V, et al. A Prospective
Evaluation of Two Rapid Phenotypical Antimicrobial Susceptibility
Technologies for the Diagnostic Stewardship of Sepsis. Biomed Res
Int 2018; 2018: 6976923.
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Lutgring et al.\22\ is an equivalency performance paper
showing ID sensitivity of 94.7 percent and
[[Page 32591]]
specificity of 98.9 percent and AST CA of 94.1 percent. The applicant
explained that the time to results for the Accelerate
PhenoTestTM BC kit for use with the Accelerate
PhenoTM system was 48.4 hours faster than standard of care
(MicroScan WalkAway (ID and AST), MALDI or biochemical or API strips
(ID)).
---------------------------------------------------------------------------
\22\ Lutgring JD, Bittencourt C, McElvania TeKippe E, et al.
Evaluation of the Accelerate PhenoTM System: Results from
Two Academic Medical Centers. J Clin Microbiol 2018; 56.
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The applicant explained that Marschal, et al.\23\ is an
equivalency performance paper showing ID sensitivity of 97.1 percent
and AST CA of 96.4 percent. The applicant explained that the time to
results for the Accelerate PhenoTestTM BC kit for use with
the Accelerate PhenoTM system was 40.39 hours faster than
standard of care (MALDI-TOF MS for ID and VITEK[supreg]2/Etest for
AST).
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\23\ Marschal M, Bachmaier J, Autenrieth I, et al. Evaluation of
the Accelerate Pheno System for Fast Identification and
Antimicrobial Susceptibility Testing from Positive Blood Cultures in
Bloodstream Infections Caused by Gram-Negative Pathogens. J Clin
Microbiol 2017; 55: 2116-26.
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Pancholi, et al.\24\ is an equivalency performance paper
showing ID sensitivity of 97.5 percent and specificity of 99.5 percent
and AST CA of 97.6 percent (GP) and 95.4 percent (GN) and AST EA of
97.9 percent (GP) and 94.3 percent GN. The applicant noted that
standard of care was VITEK[supreg]2 for ID and BMD or DD for AST.
---------------------------------------------------------------------------
\24\ Pancholi P, Carroll KC, Buchan BW, et al. Multicenter
Evaluation of the Accelerate PhenoTestTM BC Kit for Rapid
Identification and Phenotypic Antimicrobial Susceptibility Testing
Using Morphokinetic Cellular Analysis. J Clin Microbiol 2018; 56.
---------------------------------------------------------------------------
Pantel, et al.\25\ is an equivalency performance paper
showing ID sensitivity of 100 percent and AST CA of 94.9 percent. The
applicant explained that the standard of care was VITEK MS and
VITEK[supreg]2 for ID and DD Etest for AST.
---------------------------------------------------------------------------
\25\ Pantel A, Monier J, Lavigne JP. Performance of the
Accelerate PhenoTM system for identification and
antimicrobial susceptibility testing of a panel of multidrug-
resistant Gram-negative bacilli directly from positive blood
cultures. J Antimicrob Chemother 2018; 73: 1546-52.
---------------------------------------------------------------------------
Sofjan, et al.,\26\ is an equivalency performance paper
showing ID sensitivity of 98.0 percent and specificity of 99.5 percent
and AST EA of 97.4 percent and CA of 97.9 percent. The applicant
explained that the time to results for the Accelerate
PhenoTestTM BC kit for use with the Accelerate
PhenoTM system was 63.3 hours faster than standard of care
(VITEK2 (ID and AST), Etest (AST)).
---------------------------------------------------------------------------
\26\ Sofjan AK, Casey BO, Xu BA, et al. Accelerate
PhenoTestTM BC Kit Versus Conventional Methods for
Identification and Antimicrobial Susceptibility Testing of Gram-
Positive Bloodstream Isolates: Potential Implications for
Antimicrobial Stewardship. Ann Pharmacother 2018; 52: 754-62.
---------------------------------------------------------------------------
Schneider, et al.\27\ is an equivalency performance paper
showing an AST CA of 94.7 percent. The applicant explained that the
time to results for the Accelerate PhenoTestTM BC kit for
use with the Accelerate PhenoTM system was 22.6 hours faster
than standard of care (VITEK2 (AST)).
---------------------------------------------------------------------------
\27\ Schneider JG, Wood JB, Smith NW, et al. (2019) Direct
antimicrobial susceptibility testing of positive blood cultures: A
comparison of the accelerate PhenoTM and VITEK[supreg]2
systems. Diagn Microbiol Infect Dis [epub ahead of print].
---------------------------------------------------------------------------
Ward, et al.\28\ is an equivalency performance paper
showing ID sensitivity of 88.0 percent and AST EA of 91.6 percent and
CA of 93.4 percent. According to the applicant, the time to results for
the Accelerate PhenoTestTM BC kit for use with the
Accelerate PhenoTM system was 41.95 hours faster than
standard of care (MALDI-TOF MS for ID and VITEK2 + Verigene (BC-GP) for
AST).
---------------------------------------------------------------------------
\28\ Ward E, Weller K, Gomez J, et al. Evaluation of a Rapid
System for Antimicrobial Identification and Antimicrobial
Susceptibility Testing in Pediatric Bloodstream Infections. J Clin
Microbiol 2018. 56(9). pii: e00762-18.
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Starr, et al.\29\ is an equivalency performance paper
showing AST EA of 96.5 percent and CA of 94.6 percent. The applicant
explained that the average time to ID was reduced by 24.9
6.9 hours and AST by 36.7 18.9 hours compared with standard
of care (MALDI-TOF MS for ID and MicroScan and BMD for AST).
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\29\ Starr KF, Robinson DC, and Hazen KC. Performance of the
Accelerate Diagnostics PhenoTM system with resin-
containing BacT/ALERT[supreg] Plus blood culture bottles. Diagn
Microbiol Infect Dis 2019 pii: S0732-8893(18)30345-6.
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Additionally, the applicant provided four outcomes peer reviewed
articles that it stated suggest the Accelerate PhenoTestTM
BC kit for use with the Accelerate PhenoTM system improves
clinical outcomes relative to services or technologies previously
available as demonstrated by reducing clinically significant adverse
events.
Ehren, et al.\30\ is a prospective outcome study that
found statistically significant reduction for (1) time to step-down Abx
therapy (p=0.019), (2) time to optimal antibiotic therapy (p=0.024),
and (3) time to definitive therapy (p=0.005). The applicant noted that
statistical significance was achieved despite low sample size of 204.
---------------------------------------------------------------------------
\30\ Ehren K, Mei[beta]ner A, Jazmati N, et al. Clinical impact
of rapid species identification from positive blood cultures with
same-day phenotypic antimicrobial susceptibility testing on the
management and outcome of bloodstream infections. Clin Infect Dis
2019. ciz406 [Epub ahead of print].
---------------------------------------------------------------------------
Henig, et al., 2018 \31\ is a retrospective outcome study
reporting time to effective therapy (TTET) and time to definitive
therapy (TTDT) of 25.9 h (Interquartile Range (IQR) 18.5, 42.1) and
47.6 h (IQR, 24.9, 79.6), respectively. The applicant explained that
almost half of the patients had potential improvement in TTET and/or
TTDT with Accelerate PhenoTM system. The applicant explained
that in patients who would have had a benefit the median potential
decreases in TTET and TTDT were 16.6 h (IQR, 5.5 to 30.6) and 29.8 h
(IQR, 13.6 to 43), respectively.
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\31\ Henig O, Kaye KS, Chandramohan S, et al. The Hypothetical
Impact of Accelerate PhenoTM (ACC) on Time to Effective
Therapy and Time to Definitive Therapy for bloodstream infections
due to drug-resistant Gram-negative bacilli. Antimicrob Agents
Chemother. 2018. Epub ahead of print.
---------------------------------------------------------------------------
Henig, et al., 2019 \32\ is a retrospective outcome study
reporting a median time to effective therapy (TTET) of 2.4 h (IQR 0.5,
15.1), and Accelerate PhenoTM system results could have
improved TTET in 4 patients (2.4%) by a median decrease of 18.9 h (IQR
11.3, 20.4). The applicant explained that the median time to definitive
therapy (TTDT) was 41.4 h (IQR 21.7, 73.3) and Accelerate
PhenoTM system results could have improved TTDT among 51
patients (30.5%), by a median decrease of 25.4 h (IQR 18.7, 37.5). The
applicant explained that the Accelerate PhenoTM system
implementation could have led to decreased usage of cefepime (16%
less), aminoglycosides (23%), piperacillin-tazobactam (8%), and
vancomycin (4%). The study noted that the impact of the Accelerate
PhenoTM system on TTET was small, likely related to the
availability of other rapid diagnostic tests at the study location.
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\32\ Henig O, Cooper CC, Kaye KS, et al. The hypothetical impact
of Accelerate Pheno on time to effective therapy and time to
definitive therapy in an institution with an established
antimicrobial stewardship program current utilizing rapid genotypic
organism/resistance marker identification. J Antimicrob Chemother
2019. 74 (Supplement_1):i32-i39.
---------------------------------------------------------------------------
Schneider, et al.\33\ paper had both an outcome and a
performance component. The applicant explained that if Accelerate
PhenoTest results had been available to inform patient care, 25 percent
of patients could have been put on active therapy sooner, while 78
percent of patients who had therapy optimized during hospitalization
could have had therapy optimized sooner. The applicant explained that
additionally, Accelerate PhenoTM system results
[[Page 32592]]
could have reduced time to de-escalation (16 versus 31 h) and
escalation (19 versus 31 h) compared with SOC. The applicant further
explained that the paper reported an ID sensitivity of 95.9 percent,
specificity of 99.9 percent, AST EA of 94.5 percent, and CA of 93.5
percent. The applicant explained that the time to results for the
Accelerate PhenoTestTM BC kit for use with the Accelerate
PhenoTM system was 26 hours faster than SOC (Verigene BCID-
GN and MALDI-TOF MS for ID, and VITEK2 and BMD for AST).
---------------------------------------------------------------------------
\33\ Schneider JC, Wood JB, Bryan H, et al. Susceptibility
Provision Enhances Effective De-Escalation (SPEED). Utilizing Rapid
Phenotypic Susceptibility Testing in Gram-Negative Bloodstream
Infections and its Potential Clinical Impact. J Antimicrob Chemother
2019. 74 (Supplement_1):i16-i23.
---------------------------------------------------------------------------
Additionally, the applicant provided six posters that were
presented at conferences to support its claims of substantial clinical
improvement.
Dare, et al.\34\ poster provided an interim analysis of a
dataset (N=154) from single center, retrospective chart review study
that showed 3-day reduction in length of stay (LOS) (p=0.03), 2-day
reduction in days on therapy (DOT) (p=0.05), and 36-hour reduction in
time to optimal therapy (TTOT) (p<0.001).
---------------------------------------------------------------------------
\34\ Dare, R., McCain, K., Lusardi, K., et al. Impact of
Accelerate PhenoTM Rapid Blood Culture Detection System
on Laboratory and Clinical Outcomes in Bacteremic Patients. Poster
presented at: ID Week; October 2018, San Francisco, CA. https://idsa.confex.com/idsa/2018/webprogram/Paper70067.html.
---------------------------------------------------------------------------
Sheth, et al.\35\ poster provided an interim analysis of a
dataset (N=173) from a quasi-experimental outcome study (with a
prospective and retrospective arm). The applicant explained that it
showed a 2-day reduction in length of stay (LOS) (p=0.002), reduction
in antibiotic intensity score (p=0.0002), and reduction of median days
broad-spectrum antibiotics (p<0.0001).
---------------------------------------------------------------------------
\35\ Sheth S, Miller M, Baker S. Impact of rapid identification
and antimicrobial susceptibility testing on antibiotic therapy and
outcomes for patients with Gram-negative bacteraemia or candidaemia
at an acute care hospital. Poster presented at: The 2019 European
Congress of Clinical Microbiology and Infectious Disease (ECCMID);
Amsterdam.
---------------------------------------------------------------------------
Chirca, et al.\36\ poster provided a prospective analysis
of positive blood cultures. The applicant explained that it showed that
after the implementation of the Accelerate PhenoTM system,
there was a decrease in sepsis due to bloodstream infections (BSI) as a
percentage of inpatient mortality and average number of antibiotic
days.
---------------------------------------------------------------------------
\36\ Chirca I, Albrecht A, Patel A, et al. Integration of a new
rapid diagnostic test with antimicrobial stewardship in a community
hospital. Poster presented at: The Society for Healthcare
Epidemiology of America 2019 Boston, MA.
---------------------------------------------------------------------------
Banerjee, et al.\37\ was a prospective randomized study of
448 patients. The applicant explained that it showed a significant
reduction in the time to results (AST: 13 vs. 54.6 h, p<0.001), time to
first antibiotic modification (8.6 vs. 14.9 h, p=0.02) and time to gram
negative antibiotic modification (17.4 vs. 42.1 h, p<0.0001).
---------------------------------------------------------------------------
\37\ Banerjee R, Komarow L, Virk A, et al. Randomized Clinical
Trial Evaluating Clinical Impact of RAPid IDentification and
Antimicrobial Susceptibility Testing for Gram-Negative Bacteremia
(RAPIDS-GN). Poster presented at: ID Week; October 2019, Washington,
DC.
---------------------------------------------------------------------------
Pearson, et al.,\38\ provided a quasi-experimental before/
after study of 496 patients. The applicant explained that it showed
significant reduction in length of stay (LOS) (9.54 vs 11.89 days,
p<0.01). reduction in time to optimal therapy days (TTOT) (1.58 v 2.69,
p<0.01), and reduction in time to optimal treatment (95.4% vs 84.6%,
p<0.01).
---------------------------------------------------------------------------
\38\ Pearson C, Lusardi K, McCain K, et al. Impact of Accelerate
PhenoTM Rapid Blood Culture Detection System with Real
Time Notification versus Standard Antibiotic Stewardship on Clinical
Outcomes in Bacteremic Patients. Abstract and Poster presented at:
ID Week; October 2019, Washington, DC.
---------------------------------------------------------------------------
Kinn, et al.\39\ showed that recommendations (bug-drug
mismatch, de-escalation, dose optimization, and infectious disease
consult) were accepted at a rate of 97.4 percent, according to the
applicant.
---------------------------------------------------------------------------
\39\ Kinn et al. Real-World Impact of Accelerate Pheno
Implementation with Antimicrobial Stewardship Intervention. Poster
presented at IDWeekTM 2019.
---------------------------------------------------------------------------
The applicant also explained that an oral presentation by Walsh, et
al.\40\ detailed the clinical improvements an institution realized
since implementing the Accelerate PhenoTestTM BC kit,
including a 4.6 day reduction in days of antimicrobial therapy, a 2.2
day reduction in ICU length of stay, and a decrease in sepsis-related
readmission rates from 21.8 percent to 14.3 percent.
---------------------------------------------------------------------------
\40\ Walsh, Thomas. Impact of Accelerate PhenoTM
System on Management of Gram Negative Bacteremia at an Academic
Medical Center. Oral presentation given at SCACM West Virginia 2019.
---------------------------------------------------------------------------
The applicant asserted that these studies supported that the
technology represents a substantial clinical improvement, for the
following reasons:
The claim of reduction in time to AST results is supported
by evidence, per the applicant, from 10 out of 19 studies that show the
time to AST results over standard of care (SOC) are 40.1, 40.8, 41.86,
24.4, 48.4, 40.39, 63.3, 22.6, 41.96, and 36.7 hours, which averages to
40.05 hours. The applicant asserted that this reduction shows the
ability to diagnose a medical condition (antibiotic resistance or
susceptibility) earlier than allowed by currently available methods.
The applicant cited the following studies to support this claim:
Brazelton,\41\ Burnham,\42\ Charnot-Katsikas,\43\ Descours,\44\
Lutgring,\45\ Marschal,\46\ Sofjan,\47\ Schneider,\48\ Ward,\49\ and
Starr.\50\
---------------------------------------------------------------------------
\41\ Brazelton de Cardenas JN, Su Y, Rodriguez A, et al.
Evaluation of rapid phenotypic identification and antimicrobial
susceptibility testing in a pediatric oncology center. Diagn
Microbiol Infect Dis 2017; 89: 52-7.
\42\ Burnham JP, Wallace MA, Fuller BM, et al. Clinical Effect
of Expedited Pathogen Identification and Susceptibility Testing for
Gram-Negative Bacteremia and Candidemia by Use of the Accelerate
PhenoTM System. J Appl Lab Med 2019. 3(6):569.
\43\ Charnot-Katsikas A, Tesic V, Love N, et al. Use of the
Accelerate PhenoTM System for Identification and
Antimicrobial Susceptibility Testing of Pathogens in Positive Blood
Cultures and Impact on Time to Results and Workflow. J Clin
Microbiol 2018; 56.
\44\ Descours G, Desmurs L, Hoang TLT, et al. Evaluation of the
Accelerate PhenoTM system for rapid identification and
antimicrobial susceptibility testing of Gram-negative bacteria in
bloodstream infections. Eur J Clin Microbiol Infect Dis 2018; 37:
1573-83.
\45\ Lutgring JD, Bittencourt C, McElvania TeKippe E, et al.
Evaluation of the Accelerate PhenoTM System: Results from
Two Academic Medical Centers. J Clin Microbiol 2018; 56.
\46\ Marschal M, Bachmaier J, Autenrieth I, et al. Evaluation of
the Accelerate Pheno System for Fast Identification and
Antimicrobial Susceptibility Testing from Positive Blood Cultures in
Bloodstream Infections Caused by Gram-Negative Pathogens. J Clin
Microbiol 2017; 55: 2116-26.
\47\ Sofjan AK, Casey BO, Xu BA, et al. Accelerate
PhenoTestTM BC Kit Versus Conventional Methods for
Identification and Antimicrobial Susceptibility Testing of Gram-
Positive Bloodstream Isolates: Potential Implications for
Antimicrobial Stewardship. Ann Pharmacother 2018; 52: 754-62.
\48\ Schneider JG, Wood JB, Smith NW, et al. (2019) Direct
antimicrobial susceptibility testing of positive blood cultures: A
comparison of the accelerate PhenoTM and VITEK[supreg] 2
systems. Diagn Microbiol Infect Dis [epub ahead of print].
\49\ Ward E, Weller K, Gomez J, et al. Evaluation of a Rapid
System for Antimicrobial Identification and Antimicrobial
Susceptibility Testing in Pediatric Bloodstream Infections. J Clin
Microbiol 2018. 56(9). pii: e00762-18.
\50\ Starr KF, Robinson DC, and Hazen KC. Performance of the
Accelerate Diagnostics PhenoTM system with resin-
containing BacT/ALERT[supreg] Plus blood culture bottles. Diagn
Microbiol Infect Dis 2019 pii: S0732-8893(18)30345-6.
---------------------------------------------------------------------------
The claim of reduction in hands-on time is supported,
according to the applicant, by evidence from the Charnot-Katsikas \51\
study, which the applicant stated shows a reduction in hands on time
observed of 25.5 min per culture over standard of care methods.
---------------------------------------------------------------------------
\51\ Charnot-Katsikas A, Tesic V, Love N, et al. Use of the
Accelerate PhenoTM System for Identification and
Antimicrobial Susceptibility Testing of Pathogens in Positive Blood
Cultures and Impact on Time to Results and Workflow. J Clin
Microbiol 2018; 56.
---------------------------------------------------------------------------
The applicant stated that the Ehren \52\ study supports
four of its
[[Page 32593]]
claims regarding substantial clinical improvement.
---------------------------------------------------------------------------
\52\ Ehren K, Mei[beta]ner A, Jazmati N, et al. Clinical impact
of rapid species identification from positive blood cultures with
same-day phenotypic antimicrobial susceptibility testing on the
management and outcome of bloodstream infections. Clin Infect Dis
2019. Ciz406 [Epub ahead of print].
---------------------------------------------------------------------------
++ Per the applicant, the claim of decreased time to step-down
therapy is supported by the findings in that study that the time to
step-down antimicrobial therapy was significantly decreased in the
Accelerate PhenoTM BC kit with antimicrobial stewardship
intervention (12 h; p= 0.019).
++ Per the applicant, the claim of decreased time to initiation of
definitive therapy (TTDT) is supported by the findings that the time to
recommendation of definitive therapy (26.5 vs. 7.7 h, p=0.000) and time
to definitive therapy (TTDT) (25.7 vs. 7.5 h, p=0.005) was
significantly shorter using the Accelerate PhenoTM BC kit
with antimicrobial stewardship intervention.
++ Per the applicant, the claim of decreased time to optimal
therapy (TTOT) is supported by the findings that the use of Accelerate
PhenoTM BC kit significantly decreased time from Gram stain
to ID (23 vs. 2.2 h, p<0.001) and AST (23 vs. 7.4 hours, p<0.001) and
decreased time from Gram stain to optimal therapy (11 vs. 7 hours,
p=0.024) and to step-down antimicrobial therapy (27.8 vs. 12 hours,
p=0.019).
++ Per the applicant, the claim of decreased use of aminopenicillin
+ [szlig]-lactamase is supported by the findings that within 5 days
after blood culture draw, utilization of aminopenicillins + [szlig]-
lactamase inhibitors was significantly reduced (26.4 vs. 9.7 h,
p<0.001) in the group with Accelerate PhenoTM BC kit with
antimicrobial stewardship.
The applicant stated that the first Henig \53\ study
supports two of its claims regarding substantial clinical improvement.
---------------------------------------------------------------------------
\53\ Henig O, Kaye KS, Chandramohan S, et al. The Hypothetical
Impact of Accelerate PhenoTM (ACC) on Time to Effective
Therapy and Time to Definitive Therapy for bloodstream infections
due to drug-resistant Gram-negative bacilli. Antimicrob Agents
Chemother. 2018. Epub ahead of print.
---------------------------------------------------------------------------
++ Per the applicant, the claim of time to effective therapy (TTET)
is supported by the findings that the TTET was 25.9 h, and almost half
of the patients had potential improvement in TTET and/or TTDT with
Accelerate PhenoTM BC kit. The applicant explained that in
patients who would have had a benefit, the median potential decrease in
TTET was 16.6 h.
++ Per the applicant, the claim of time to definitive therapy
(TTDT) is supported by the findings that the TTDT was 47.6 h, and
almost half of the patients had potential improvement in TTET and/or
TTDT with Accelerate PhenoTM BC kit. The applicant explained
that in patients who would have had a benefit, the median potential
decrease in TTDT was 29.8 h.
The applicant stated that the second Henig \54\ study
supports three of its claims regarding substantial clinical
improvement.
---------------------------------------------------------------------------
\54\ Henig O, Cooper CC, Kaye KS, et al. The hypothetical impact
of Accelerate PhenoTM on time to effective therapy and
time to definitive therapy in an institution with an established
antimicrobial stewardship program current utilizing rapid genotypic
organism/resistance marker identification. J Antimicrob Chemother
2019. 74 (Supplement_1):i32-i39.
---------------------------------------------------------------------------
++ Per the applicant, the claim of time to effective therapy (TTET)
is supported by the conclusion that had the Accelerate
PhenoTM BC kit results been available, TTET could have been
improved in 2.4 percent of patients by a median decrease of 18.9 h,
with 75 percent of these patients having blood stream infections with
ESBL-producing Enterobaceriaceae.
++ Per the applicant, the claim of decreased use of cefepime,
aminoglycosides, piperacillin-tazobactam, and vancomycin is supported
by the findings that with the Accelerate PhenoTM BC kit,
results show there was a decreased usage of cefepime (16% less),
aminoglycosides (23%), piperacillin-tazobactam (8%) and vancomycin
(4%).
++ Per the applicant, the claim of time to definitive therapy
(TTDT) is supported by the findings that nearly one-third of patients,
30.5 percent, could have received definitive therapy more rapidly had
Accelerate PhenoTM BC kit results been available in real
time. Additionally, the applicant explained that a potential benefit in
TTDT was demonstrated in 53 percent of patients with CRE, 61.5 percent
of patients with ESBL,\55\ and 20 percent of patients with non-
fermenting bacteria. The applicant explained that the potential median
decrease in TTDT among those who could have had a benefit if Accelerate
PhenoTM BC kit results had been available was 25.4 h (IQR,
18.7, 37.5).
---------------------------------------------------------------------------
\55\ CRE = Carbapenem-resistant Enterobacteriaceae, ESBL =
Extended Spectrum Beta-Lactamases.
---------------------------------------------------------------------------
The applicant stated that the Schneider \56\ study
supports two of its claims regarding substantial clinical improvement.
---------------------------------------------------------------------------
\56\ Schneider JC, Wood JB, Bryan H, et al. Susceptibility
Provision Enhances Effective De-Escalation (SPEED). Utilizing Rapid
Phenotypic Susceptibility Testing in Gram-Negative Bloodstream
Infections and its Potential Clinical Impact. J Antimicrob Chemother
2019. 74 (Supplement_1):i16-i23.
---------------------------------------------------------------------------
++ Per the applicant, the claim of decreased time to active therapy
and time to optimal therapy (TTOT) is supported by the findings that if
Accelerate PhenoTest results had been available to inform patient care
25 percent of patients could have been put on active therapy sooner,
and 78 percent of patients who had therapy optimized could have had
therapy optimized sooner.
++ Per the applicant, the claim of ``reduce time to de-escalation
or escalation'' is supported by the findings that the Accelerate
PhenoTest could have reduced the time to de-escalation (16 versus 31 h)
and escalation (19 versus 31 h) compared with standard of care (SOC).
The applicant stated that the Dare \57\ study supports
three of its claims regarding substantial clinical improvement.
---------------------------------------------------------------------------
\57\ Dare, R., McCain, K., Lusardi, K., et al. Impact of
Accelerate PhenoTM Rapid Blood Culture Detection System
on Laboratory and Clinical Outcomes in Bacteremic Patients. Poster
presented at: ID Week; October 2018, San Francisco, CA.
---------------------------------------------------------------------------
++ Per the applicant, the claim of decreased time to active therapy
and time to optimal therapy (TTOT) is supported by the findings of a
decrease in length of stay from a mean of 12.1 days under the standard
of care to 9.1 days under the Accelerate PhenoTest system.
++ Per the applicant, the claim of time to optimal therapy (TTOT)
is supported by the findings of a reduction from 73.5 hours under the
standard of care to 37.5 hours under the Accelerate PhenoTest system.
++ Per the applicant, the claim of total antibiotic days on therapy
(DOT) is supported by the findings of a reduction from 9 days under the
standard of care to 7 days under the Accelerate PhenoTest system.
The applicant stated that the Sheth \58\ study supports
three of its claims regarding substantial clinical improvement.
---------------------------------------------------------------------------
\58\ Sheth S, Miller M, Baker S. Impact of rapid identification
and antimicrobial susceptibility testing on antibiotic therapy and
outcomes for patients with Gram-negative bacteraemia or candidaemia
at an acute care hospital. Poster presented at: The 2019 European
Congress of Clinical Microbiology and Infectious Disease (ECCMID);
Amsterdam.
---------------------------------------------------------------------------
++ Per the applicant, the claim of reduced length of stay (LOS) is
supported by the findings of a reduction in length of stay from 8 days
with VERIGENE to 6 days with the Accelerate PhenoTest system.
++ Per the applicant, the claim of reduction in antibiotic
intensity score is supported by the findings of a reduction from 16
with VERIGENE to 12 with the Accelerate PhenoTest system.
++ Per the applicant, the claim of reduction of median days broad-
[[Page 32594]]
spectrum antibiotics is supported by the findings of a reduction of
median days on broad-spectrum antibiotics from 2 days with VERIGENE to
1 day with the Accelerate PhenoTest system.
The applicant stated that the Chirca \59\ study supports
two of its claims regarding substantial clinical improvement.
---------------------------------------------------------------------------
\59\ Chirca I, Albrecht A, Patel A, et al. Integration of a new
rapid diagnostic test with antimicrobial stewardship in a community
hospital. Poster presented at: The Society for Healthcare
Epidemiology of America 2019 Boston, MA.
---------------------------------------------------------------------------
++ Per the applicant, the claim of reduction of inpatient mortality
is supported by the findings of a decrease in sepsis due to BSIs \60\
(as a percentage of inpatient mortality) from 10.9 percent to 7 percent
for the duration of the study, with a consistent downward slope. The
applicant noted a statistically significant decrease in inpatient
mortality in cases of proven BSI; the rate of decrease is estimated at
0.27 percent per month with a 95 percent confidence interval of (0.12%-
0.41%) per month, p = 0.001.
---------------------------------------------------------------------------
\60\ BSI = bloodstream infections.
---------------------------------------------------------------------------
++ Per the applicant, the claim of reduction in average number of
antibiotic days is supported by the finding that the average number of
antibiotic days per patient encounter was reduced by 1 full day, from
6.8 to 5.8 days.
The applicant stated that the Banerjee \61\ study supports
three of its claims regarding substantial clinical improvement.
---------------------------------------------------------------------------
\61\ Banerjee R, Komarow L, Virk A, et al. Randomized Clinical
Trial Evaluating Clinical Impact of RAPid IDentification and
Antimicrobial Susceptibility Testing for Gram-Negative Bacteremia
(RAPIDS-GN). Poster presented at: ID Week; October 2019, Washington,
DC.
---------------------------------------------------------------------------
++ Per the applicant, the claim of time to results is supported by
the findings that the Accelerate PhenoTM system provided
identification (ID) results (2.7 vs. 15.6 h, p<0.001) and antimicrobial
susceptibility test (AST) results (13 vs. 54.6 h, p<0.001) faster than
standard of care (SOC).
++ Per the applicant, the claim of time to first antibiotic
modification is supported by the finding that the average time to first
antibiotic modification was reduced from 14.9 hours to 8.6 hours.
++ Per the applicant, the claim of time to first gram negative
antibiotic modification is supported by the finding that the time to
first gram negative antibiotic modification was reduced from 42.1 hours
to 17.4 hours. The applicant also explained that time to antimicrobial
therapy change was reduced by 24.8 hours for patients with Gram-
negative bacteremia.
The applicant stated that the Pearson \62\ study supports
three of its claims regarding substantial clinical improvement.
---------------------------------------------------------------------------
\62\ Pearson C, Lusardi K, McCain K, et al. Impact of Accelerate
PhenoTM Rapid Blood Culture Detection System with Real
Time Notification versus Standard Antibiotic Stewardship on Clinical
Outcomes in Bacteremic Patients. Poster presented at: ID Week;
October 2019, Washington, DC.
---------------------------------------------------------------------------
++ Per the applicant, the claim of reduction in length of stay
(LOS) is supported by the findings that the Accelerate
PhenoTM system showed a significant reduction in length of
stay (9.54 vs 11.89 days, p<0.01).
++ Per the applicant, the claim of time to optimal therapy (TTOT)
is supported by the finding that the Accelerate PhenoTM
system showed a significant reduction in time to optimal therapy days
(TTOT) (1.58 v 2.69, p<0.01).
++ Per the applicant, the claim of time to optimal treatment
achieved is supported by the finding that the Accelerate
PhenoTM system showed a significant reduction in time to
optimal treatment (95.4% vs 84.6%, p<0.01). The applicant also noted
that time to optimal antimicrobial therapy was reduced by 19.2 hours,
overall days of antimicrobial therapy were reduced by 1.6 days, and
length of stay was reduced by 2.4 days.
The applicant stated that its claim of acceptance of therapeutic
recommendations is supported by the Kinn \63\ study, which the
applicant stated found that recommendations of bug-drug mismatch, de-
escalation, dose optimization, and infectious disease consultation were
accepted at a rate of 97.4 percent. The applicant also noted that time
to optimal antimicrobial therapy was reduced by 15.3 hours for
bacterimic patients.
---------------------------------------------------------------------------
\63\ Kinn P, Percival K, Ford B, et al. Real-World Impact of
Accelerate PhenoTM system Implementation with
Antimicrobial Stewardship Intervention. Poster presented at: ID
Week; October 2019, Washington, DC.
---------------------------------------------------------------------------
After reviewing the information submitted by the applicant as part
of its FY 2021 new technology add-on payment application, we are
concerned that the studies the applicant provided are either unclear
about which version of the Accelerate PhenoTestTM BC kit was
used or indicate that the first version of the device was used in the
study. The applicant appears to rely mainly on studies conducted on the
first version of the device, which has been on the market since
February 2017, as compared to other products to establish substantial
clinical improvement, although it was not always clear in each study
which version was being used. The applicant submitted its application
for new technology add-on payments for the updated version of the
Accelerate PhenoTestTM BC kit submitted to FDA for 510(k)
clearance in 2019. However, the applicant did not present any clinical
data to distinguish the clinical outcomes achieved by the updated
version as compared to the original version. We would be interested in
additional information on which studies involved the first version of
the device, which has been commercially available since February 2017,
and which studies involved the updated version of the device for which
the applicant submitted its new technology add-on payment application.
We note that several of the studies submitted by the applicant in
support of substantial clinical improvement showed empirical results
that were less favorable to the Accelerate PhenoTestTM BC
kit as compared to the current standard of care. For instance, an
analysis of discrepant results in Decours et al. found impaired
performance of the Accelerate PhenoTM system for beta-
lactams (except cefepime) in Enterobacteriales (six very major errors)
and poor performance in P. aeruginosa.\64\ In addition, Giordano et al.
did not show superiority for the Accelerate PhenoTestTM BC
kit against SOC comparisons (MALDI-TOF for ID and Sensitive/traditional
BMD for AST), on any of several measures including sensitivity and time
to get results back from the testing.\65\
---------------------------------------------------------------------------
\64\ Descours G, Desmurs L, Hoang TLT, et al. Evaluation of the
Accelerate PhenoTM system for rapid identification and
antimicrobial susceptibility testing of Gram-negative bacteria in
bloodstream infections. Eur J Clin Microbiol Infect Dis 2018; 37:
1573-83.
\65\ Giordano C, Piccoli E, Brucculeri V, et al. A Prospective
Evaluation of Two Rapid Phenotypical Antimicrobial Susceptibility
Technologies for the Diagnostic Stewardship of Sepsis. Biomed Res
Int 2018; 2018: 6976923.
---------------------------------------------------------------------------
We invite public comments on whether the updated version of the
Accelerate PhenoTestTM BC kit meets the substantial clinical
improvement criterion.
In this section, we summarize and respond to written comments we
received in response to the New Technology Town Hall meeting notice
published in the Federal Register regarding the substantial clinical
improvement criterion for the Accelerate PhenoTestTM BC kit.
Comment: In response to a question presented at the New Technology
Town Hall meeting, the applicant provided a table with study details on
the clinical outcomes studies they presented, which are also referenced
and summarized in part previously, as well as for study data comparing
clinical outcomes resulting
[[Page 32595]]
from use of the Accelerate PhenoTest[supreg] BC kit to use of standard
of care methodologies for determining antibiotic susceptibility
testing. Regarding Banerjee R., et al., the applicant explained that
the study was conducted at Mayo Clinic and University of California,
Los Angeles; the study type was a multicenter, prospective randomized
controlled trial with a sample of 448 (226 SOC, 222 AXDX); SOC testing
included rapid MALDI-TOF mass spectrometry ID and agar dilution or
broth microdilution AST; and the conclusions were median (interquartile
range) hours to first Gram-negative antibiotic modification (including
escalation and de-escalation) 24.7 hours faster in the AXDX than SOC
group 17.4 (4.9, 72) vs. 42.1 (10.1, 72), p<0.001.\66\ Regarding
Pearson C., et al., the applicant explained that the study was
conducted by University of Arkansas for Medical Science; the study type
was a single center, quasi-experimental study of bacteremic adult
inpatients before and after implementation of AXDX; the N was 496 (188
historical, 155 Intervention 1, 153 Intervention 2); SOC was historical
ID/AST performed using VITEK[supreg] MS and VITEK[supreg]2; and
conclusions were reduced inpatient length of stay (LOS) by 2.4 days,
reduced days on therapy (DOT) by 1.6 days, reduced broad-spectrum Gram-
positive antibiotic therapy by 0.7 days, and reduced broad-spectrum
Gram-negative antibiotic therapy by 1.7 days.\67\ Regarding Kinn P., et
al., the applicant explained that the study was conducted at the
University of Iowa; the study type was observational, which included an
interrupted time series sub-study; the N was 690 (417 in A; 273 in B);
SCO as MALDI for organism identification and VITEK[supreg]2 and/or
SensititreTM for AST; and conclusions were implementation of
AXDX with AST review resulted in fast identification and antibiotic
susceptibility results with early optimization of antimicrobial
therapy.\68\ Regarding Walsh T., the applicant explained that the study
was conducted at Allegheny General Hospital (AGH); it was a quasi-
experimental study of bacteremic patients before and after
implementation of AXDX with positive blood cultures tested at AGH from
both AGH and West Penn Hospital; the N was 208 (of non-ICU patients, 78
in the pre-AXDX arm and 63 in the post-AXDX arm, and of ICU patients:
36 in the pre-AXDX arm and 31 in the post-Accelerate arm);
VITEK[supreg]2 was used for both ID and AST results in the control arm;
and conclusions were DOT reduced by 4.6 days, 2.2 day reduction in ICU
LOS, and readmission rate reduced from 21.8 percent to 14.3
percent.\69\ Regarding Sheth S., et al., the applicant explained that
the study was conducted at Peninsula Regional Medical Center; the study
consisted of a retrospective (pre-implementation group with
VERIGENE[supreg] system testing for 100 patients) arm and a prospective
(postimplementation of fast ID/AST with AXDX for 100 patients) group;
the N was 173 (84 in the pre-implementation arm and 89 in the AXDX
arm); SOC was the VERIGENE[supreg] system; and conclusions were reduced
inpatient LOS by 2.0 days, reduced broad-spectrum days on therapy by
2.0 days.\70\
---------------------------------------------------------------------------
\66\ Banerjee R, Komarow L, Virk A, et al. Randomized Clinical
Trial Evaluating Clinical Impact of RAPid IDentification and
Antimicrobial Susceptibility Testing for Gram-Negative Bacteremia
(RAPIDS-GN). Poster presented at: ID Week; October 2019, Washington,
DC.
\67\ Pearson C, Lusardi K, McCain K, et al. Impact of Accelerate
PhenoTM Rapid Blood Culture Detection System with Real
Time Notification versus Standard Antibiotic Stewardship on Clinical
Outcomes in Bacteremic Patients. Presented at: ID Week; October
2019, Washington, DC.
\68\ Kinn et al., Real-World Impact of Accelerate Pheno
Implementation with Antimicrobial Stewardship Intervention. Poster
presented at IDWeekTM 2019.
\69\ Walsh, Thomas. Impact of Accelerate PhenoTM
System on Management of Gram Negative Bacteremia at an Academic
Medical Center. Oral presentation given at SCACM West Virginia 2019.
\70\ Sheth S, Miller M, Baker S. Impact of rapid identification
and antimicrobial susceptibility testing on antibiotic therapy and
outcomes for patients with Gram-negative bacteraemia or candidaemia
at an acute care hospital. Presented at: The 2019 European Congress
of Clinical Microbiology and Infectious Disease (ECCMID); Amsterdam.
---------------------------------------------------------------------------
Response: We appreciate the applicant's further explanation of
these study details and data. We will take this information into
consideration when deciding whether to approve new technology add-on
payments for the Accelerate PhenoTest[supreg] BC kit.
Comment: In response to a question presented at the New Technology
Town Hall meeting, the applicant explained that T2 Biosystems'
instrument is designed for whole blood samples. The applicant stated
that T2 Biosystems has two FDA-cleared assays, a Candida panel with
five target organisms and a Bacteria panel with five target organisms.
The applicant stated that the assay turnaround times for T2 Biosystems
vary from 3 hours to 5 hours. The applicant further stated that neither
of the T2 Biosystems FDA-cleared products provide antibiotic
susceptibility testing results; in other words, they perform
identification only, but do not yield antimicrobial susceptibility/
resistance results. The applicant explained that, in contrast, the
Accelerate PhenoTest[supreg] BC kit contains 116 assays, providing
organism identification results (16 assays: 8 Gram-negative bacterial
targets, 6 Gram-positive bacterial targets and 2 Candida spp.) as well
as antibiotic susceptibility testing (100 assays) information for
approximately 91 percent of positive blood cultures and that it has a
turnaround time of approximately 7 hours after blood culture
positivity. The applicant also stated that antimicrobial susceptibility
testing with the Accelerate PhenoTest[supreg] BC kit is included for
Gram-positive organisms: Ampicillin, Ceftaroline, Erythromycin,
Daptomycin, Linezolid, Vancomycin, Methicillin resistance (cefoxitin),
MLSb (Erythromycin-clindamycin); and for Gram-negative organisms:
Ampicillin-sulbactam, Piperacillin-tazobactam, Cefepime, Ceftazidime,
Ceftriaxone, Ertapenem, Meropenem, Amikacin, Gentamicin, Tobramycin,
Ciprofloxacin, Aztreonam.
Response: We appreciate the applicant's explanation of the
Accelerate PhenoTest[supreg] BC kit and how the technology differs from
T2 Biosystems' instrument. We will take this information into
consideration when deciding whether to approve new technology add-on
payments for the Accelerate PhenoTest[supreg] BC kit.
b. BioFire[supreg] FilmArray[supreg] Pneumonia Panel
BioFire Diagnostics, LLC submitted an application for new
technology add-on payments for the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel for FY 2021. According to the applicant, the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel identifies 33
clinically relevant targets, including bacterial and viral targets,
from sputum (including endotracheal aspirate) and bronchoalveolar
lavage (including mini-BAL) samples in about an hour. The applicant
also stated that for 15 bacteria, the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel provides semi-quantitative results, which may help
determine whether an organism is a colonizer or a pathogen.
According to the applicant, lower respiratory tract infections are
a leading cause of morbidity and mortality. The applicant stated that
world-wide, they are the leading cause of infectious disease death and
the 5th leading overall cause of death.\71\ The applicant
[[Page 32596]]
also asserted that in the United States, community acquired pneumonia
(CAP) is the second most common cause of hospitalization and the most
common infectious disease cause of death.72 73 The applicant
also stated that in addition to CAP, Hospital-acquired Pneumonia (HAP)
and Ventilator-associated Pneumonia (VAP) are the most common hospital
acquired infections (HAI) accounting for 22 percent of all HAIs.\74\
According to the applicant, HAP and VAP are of particular concern for
patients admitted to intensive care units (ICUs) where mortality rates
can be up to 50 percent.75 76
---------------------------------------------------------------------------
\71\ Troeger, C., Forouzanfar, M., Rao, P.C., Khalil, I., Brown,
A., Swartz, S., Fullman, N., Mosser, J., Thompson, R.L., Reiner Jr,
R.C. and Abajobir, A., ``Estimates of the global, regional, and
national morbidity, mortality, and aetiologies of lower respiratory
tract infections in 195 countries: a systematic analysis for the
Global Burden of Disease Study 2015,'' The Lancet Infectious
Diseases, 2017, vol. 17(11), pp.1133-1161.
\72\ Xu, J. Murphy SL, Kochanek KD, Bastian BA, ``Deaths: Final
Data for 2013'' Natl Vital Stat Rep, 2016, vol. 64(2), p. 1.
\73\ Pfuntner, A., Wier, L.M., & Stocks, C. ``Most frequent
conditions in US hospitals, 2011,'' Healthcare Cost and Utilization
Project (HCUP) Statistical Brief #162, 2013.
\74\ Magill, S.S., Edwards, J.R., Bamberg, W., Beldavs, Z.G.,
Dumyati, G., Kainer, M.A., Lynfield, R., Maloney, M., McAllister-
Hollod, L., Nadle, J. and Ray, S.M., ``Multistate point-prevalence
survey of health care-associated infections,'' N. Engl. J. of Med.,
2014, vol. 370(13), pp.1198-1208.
\75\ Sopena, N., Sabri[agrave], M. and Neunos 2000 Study Group,
``Multicenter study of hospital-acquired pneumonia in non-ICU
patients,'' Chest, 2005, vol. 127(1), pp. 213-219.
\76\ Esperatti, M., Ferrer, M., Giunta, V., Ranzani, O.T.,
Saucedo, L.M., Bassi, G.L., Blasi, F., Rello, J., Niederman, M.S.
and Torres, A., ``Validation of predictors of adverse outcomes in
hospital-acquired pneumonia in the ICU,'' Crit. Care Med., 2013.
Vol. 41(9), pp.2151-2161.
---------------------------------------------------------------------------
According to the applicant, timely administration of effective
antibiotics is essential for ensuring a good prognosis. The applicant
stated that mortality increases for each hour of delay in initiating
antibiotic therapy for hospitalized pneumonia patients,77 78
and ideally, antimicrobial therapy would be pathogen specific and
guided by the results of microbiology tests. However, the applicant
stated that current microbiologic methods are slow and fail to identify
a causative pathogen in over 50 percent of patients, even when
comprehensive methods are used.\79\ As a result, the applicant noted
that current guidelines recommend empiric treatment with broad spectrum
antibiotics,\80\ and that broad-spectrum antibiotics lead to overuse of
antibiotics, which increases the risk of an antibiotic related adverse
event (for example, diarrhea, allergic reactions, C. difficile
infection) for the patient and contributes to the well-known problem of
antimicrobial resistance. In addition, the applicant noted that 6-15
percent of hospitalized patients with CAP fail to respond to the
initial antibiotic treatment, in part due to ineffective antibiotic
therapy.81 82 83 84
---------------------------------------------------------------------------
\77\ Benenson, R., Magalski, A., Cavanaugh, S. and Williams, E.,
``Effects of a pneumonia clinical pathway on time to antibiotic
treatment, length of stay, and mortality,'' Acad. Emerg. Med., 1999,
vol. 6(12), pp.1243-1248.
\78\ Houck, P.M., Bratzler, D.W., Nsa, W., Ma, A. and Bartlett,
J.G., ``Timing of antibiotic administration and outcomes for
Medicare patients hospitalized with community-acquired pneumonia,''
Arch. Intern. Med., 2004, vol. 164(6), pp.637-644.
\79\ Jain, S., Self, W.H., Wunderink, R.G., Fakhran, S., Balk,
R., Bramley, A.M., Reed, C., Grijalva, C.G., Anderson, E.J.,
Courtney, D.M. and Chappell, J.D., ``Community-acquired pneumonia
requiring hospitalization among US adults,'' N. Engl. J. Med., 2015,
vol. 373(5), pp.415-427.
\80\ Kalil, A.C., Metersky, M.L., Klompas, M., Muscedere, J.,
Sweeney, D.A., Palmer, L.B., Napolitano, L.M., O'Grady, N.P.,
Bartlett, J.G., Carratal[agrave], J. and El Solh, A.A., ``Management
of adults with hospital-acquired and ventilator-associated
pneumonia: 2016 clinical practice guidelines by the Infectious
Diseases Society of America and the American Thoracic Society,''
Clin. Infect. Dis., 2016, vol. 63(5), pp.e61-e111.
\81\ Ros[oacute]n, B., Carratala, J., Fern[aacute]ndez-
Sab[eacute], N., Tubau, F., Manresa, F. and Gudiol, F., ``Causes and
factors associated with early failure in hospitalized patients with
community-acquired pneumonia,'' Arch. Intern. Med., 2004, vol.
164(5), pp.502-508.
\82\ Menendez, R., Torres, A., Zalacain, R., Aspa, J.,
Villasclaras, J.M., Border[iacute]as, L., Moya, J.B., Ruiz-Manzano,
J., de Castro, FR, Blanquer, J. and P[eacute]rez, D., ``Risk factors
of treatment failure in community acquired pneumonia: implications
for disease outcome,'' Thorax, 2004. Vol. 59(11), pp. 960-965.
\83\ Arancibia, F., Ewig, S., Martinez, J.A., Ruiz, M., Bauer,
T., Marcos, M.A., Mensa, J. and Torres, A., ``Antimicrobial
treatment failures in patients with community-acquired pneumonia:
causes and prognostic implications,'' Am. J. Respir. Crit. Care
Med., 2000, vol. 162(1), pp.154-160.
\84\ Men[eacute]ndez, R., Torres, A., Rodr[iacute]guez de
Castro, F., Zalaca[iacute]n, R., Aspa, J., Mart[iacute]n
Villasclaras, J.J., Border[iacute]as, L., Ben[iacute]tez, J.M.M.,
Ruiz-Manzano, J., Blanquer, J. and P[eacute]rez, D., ``Reaching
stability in community-acquired pneumonia: the effects of the
severity of disease, treatment, and the characteristics of
patients,'' Clin. Infect. Dis., 2004, vol. 39(12), pp.1783-1790.
---------------------------------------------------------------------------
According to the applicant, there are three current methods for
determining the causative organism of pneumonia: bacterial culture, lab
developed and commercial singleplex PCR (Polymerase Chain Reaction)
tests, and off-label use of upper respiratory multiplex syndromic
panels.
According to the applicant, semi-quantitative bacterial culture is
routinely performed on lower respiratory specimens. The applicant
explained that a calibrated loop is used to spread sample on
appropriate media. A quadrant streak method is generally employed and,
depending on how many of the quadrants the organism grows in,
determines its semi-quantification. According to the applicant, normal
flora will often grow in all 4 quadrants and technicians must
differentiate between potential pathogens and normal flora, and
potential pathogens are picked from the plate and isolated on another
media plate. According to the applicant, after growing isolate, final
identification and susceptibility is performed.
According to the applicant, there are also FDA and lab developed
tests for single targets that cause pneumonia. The applicant stated
that that these are for the more serious pathogens (for example.
Methicillin resistant Staphylococcus aureus, MRSA) or fastidious
organisms (for example Mycobacterium tuberculosis). According to the
applicant, these tests range from sample-to-answer (Cepheid[supreg]
Xpert[supreg] MTB/RIF) to lab developed tests that are often multi-step
and multiple pieces of equipment that require isolating nucleic acid
from a sample and then adding appropriate reagents to perform a PCR
assay on the isolated nucleic acid.
According to the applicant, a number of academic hospital labs have
also performed off label validation of commercially available
respiratory panels designed for upper respiratory syndromes. The
applicant stated that these tests are used primarily on BAL specimens
for the rapid detection of viral causes of Pneumonia.
With respect to the newness criterion, the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel received FDA clearance via 510(k) on
November 9, 2018, based on a determination of substantial equivalence
to a legally marketed predicate device (Curetis UnyveroTM).
According to the applicant, the Pneumonia Panel was launched globally
on December 11, 2018. According to the applicant, there was a delay
between FDA clearance date and U.S. market availability (global launch
date) in order to satisfy documentation requirements in preparation of
the global launch. The applicant stated that it has been granted a
Proprietary Laboratory Analyses (PLA) code by the American Medical
Association; PLA Code 0151U was published on October 1st, 2019 and
became effective on January 1st, 2020. According to the applicant, the
PLA code assigned to the BioFire[supreg] FilmArray[supreg] Pneumonia
Panel uniquely identifies this test and no other technologies use this
code. Currently, there are no ICD-10-PCS procedure codes to uniquely
identify procedures involving the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel. We note that the applicant has submitted a request for
approval for a unique ICD-10-PCS code for the administration of the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel beginning in FY 2021.
As discussed previously, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would not be
[[Page 32597]]
considered ``new'' for purposes of new technology add-on payments.
With regard to the first criterion, whether a product uses the same
or similar mechanism of action to achieve a therapeutic outcome,
according to the applicant, the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel is the only sample-to-answer, rapid (~1 hour), and
comprehensive molecular panel available for the diagnosis of the major
causes of infectious pneumonia. The applicant further explained that
the BioFire[supreg] FilmArray[supreg] Pneumonia Panel is also the only
semi-quantitative molecular solution available for rapidly diagnosing
infectious causes of pneumonia. The applicant noted that this important
feature allows labs and clinicians to better differentiate whether an
organism is normal flora or the cause of the patient's illness. The
applicant asserted that the current best practice is standard culture
technique, discussed previously. The applicant further stated that
other comprehensive molecular technologies include Curetis
UnyveroTM which is a multi-step process, only has bacterial
targets, and only provides qualitative results for all of its targets.
With respect to the second criterion, whether a product is assigned
to the same or a different MS-DRG, the applicant stated that potential
cases representing patients who may be eligible for treatment involving
the BioFire[supreg] FilmArray[supreg] Pneumonia Panel would be assigned
to the same MS-DRGs as cases representing patients who receive
diagnostic information from competing technologies.
With respect to the third criterion, whether the new use of the
technology involves the treatment of the same or similar type of
disease and the same or similar patient population, according to the
applicant, the BioFire[supreg] FilmArray[supreg] Pneumonia Panel is the
only FDA cleared comprehensive molecular panel approved for use on both
sputum (including endotracheal aspirate) and bronchoalveolar lavage
(including mini-BAL) samples allowing for diagnosis of pneumonia in
hospital, community, and ventilator associated populations. The
applicant stated that the BioFire[supreg] FilmArray[supreg] Pneumonia
Panel is also the only molecular panel that detects both bacterial and
viral causes of lower respiratory infections and pneumonia.
In addition, the applicant added that the ability of the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel to detect pathogens
and related susceptibility traits is a unique feature of the panel that
differentiates it from existing respiratory panels that have been
designed and approved for use on upper respiratory specimens and not
lower respiratory specimens. The applicant stated that Furukawa, D., et
al., evaluated the ability of the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel to detect pathogens and related susceptibility traits,
specifically looking at the impact of MRSA detection, and showed that
the BioFire[supreg] FilmArray[supreg] Pneumonia panel has the potential
to significantly expedite time to MRSA results allowing for rapid
escalation or de-escalation of therapy.\85\
---------------------------------------------------------------------------
\85\ Furukawa, D., Kim, B., Jeng, A., BioFire[supreg]
FilmArray[supreg] Pneumonia Panel: A Powerful Rapid Diagnostic Test
for Antimicrobial Stewardship. Poster presented at Infectious
Disease Week; 2019 October 2-6. Washington, DC.
---------------------------------------------------------------------------
Based on the applicant's statements as presented previously, we are
concerned there is insufficient information to determine whether the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel mechanism of action
is different from existing products. In the FDA decision summary, the
test is described as a multiplex nucleic acid test, or PCR accompanied
by the applicant's software. However, it is unclear from the new
technology add-on payment application how the mechanism of action is
new or different from other products that utilize PCR. While the
applicant described this test as the only sample-to-answer, rapid (~1
hour), and comprehensive molecular panel available for the diagnosis of
the major causes of infectious pneumonia and as also semi-quantitative,
and further described another comprehensive molecular product (Curetis
UnyveroTM) as having only bacterial targets and providing
only qualitative results for all of its targets, we are uncertain how
the underlying mechanism of action of the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel is different from existing PCR-based
tests. Additionally, based on the information provided by the
applicant, it appears as though the product does not treat a different
disease or population compared to other products. Finally, with respect
to the Furukawa study, which the applicant cited to support that the
BioFire has the potential to specifically expedite time to MRSA results
allowing for rapid escalation or de-escalation of therapy, we note that
the study authors also concluded that the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel ``has good agreement with SOC for
detection of bacteria and viruses'' and that the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel ``detects additional S. aureus
bacteria not reported by SOC,'' but that ``[a]dditional S. aureus
detection are more likely to be at low concentration and are of unclear
clinical significance.'' We are inviting public comments on whether the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel is substantially
similar to other technologies and whether the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel meets the newness criterion.
With regard to the cost criterion, the applicant conducted the
following analysis to demonstrate that the technology meets the cost
criterion.
The applicant stated that it used 2018 data from Definitive Health
Care at defhc.com, and that it searched these data for cases in MS-DRGs
193, 194, and 195 (Simple Pneumonia and Pleurisy with MCC, with CC, and
without CC/MCC, respectively), which resulted in 297,956 cases. The
applicant indicated that the data was from proprietary data drawn from
one hospital in Indianapolis in 2018. However, the scope of the data as
described by the applicant is unclear to us, as it seems unlikely that
a single hospital in Indiana would have observed 297, 956 cases of
simple pneumonia in 1 year. It is also not clear how these cases
correspond to any of the later steps in the cost analysis. For example,
the applicant did not indicate whether the charge values from the data
are based on the same 297,956 cases identified in the three MS-DRGs.
In its analysis, the applicant stated that no charges were removed
for any prior technologies as the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel does not eliminate culture testing of specimens. The
applicant standardized the charges and then inflated the charges. The
applicant reported using an inflation factor of 5.50 percent based on
the charge inflation factor published by CMS in the FY 2020 IPPS/LTCH
PPS final rule (84 FR 42629). The applicant appears to have made a
minor error in this inflation factor, since the actual, 1-year
inflation factor in the FY 2020 IPPS/LTCH PPS final rule was 5.4
percent. To estimate the cost of the technology, the applicant used the
per-test list price cost of the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel. The applicant indicated that it did not incorporate an
estimate of technician time spent administering the test, asserting
that ``2-5 minutes of technician time is nearly obsolete due to ease of
use of the test.'' The applicant also indicated that it did not
incorporate an estimate of instrumentation cost into its costing of the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel, noting that ``a
number of'' labs already have sufficient instrumentation to run the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel test. The applicant
added charges for the BioFire[supreg] FilmArray[supreg] Pneumonia Panel
based on an estimated range of projected
[[Page 32598]]
patient charges for the BioFire[supreg] FilmArray[supreg] Pneumonia
Panel technology. The applicant stated that the charge to the patient
varies by location and the methodology of the hospital or lab charge
master. The applicant noted that the estimate was based on patient
charges for other BioFire products that had been reported by hospitals
and reference labs. Based on this analysis, the applicant computed a
final inflated average case-weighted standardized charge per case of
$78,156, as compared to an average case-weighted threshold amount of
$42,812. Because the final inflated average case-weighted standardized
charge per case exceeded the average case-weighted threshold amount,
the applicant asserted that the technology meets the cost criterion.
We are concerned that many of the calculated values in the
applicant's analysis, such as the average-cost-per case, unweighted and
unstandardized, were reportedly based on proprietary claims data that
came from one hospital in Indianapolis. We are concerned that an
analysis based on one hospital would not adequately represent the cost
of cases using the BioFire[supreg] FilmArray[supreg] Pneumonia Panel as
the data could be skewed or biased based on one hospital. We are also
concerned with the lack of description of how the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel maps to the three MS-DRGs for simple
pneumonia (that is, MS-DRGs 193, 194 and 195); for example, whether the
analysis included all the cases in these MS-DRGs or was limited to
specific cases. We note there are several additional pneumonia-related
MS-DRGs to which we believe potential cases that may be eligible for
the use of the product could be mapped, but which were not included in
the cost analysis; for example, MS-DRGs 177, 178 and 179 (Respiratory
Infections and Inflammations with MCC, with CC, and without CC/MCC,
respectively) and MS-DRGs 974, 975, and 976 (HIV with Major Related
Condition with MCC, with CC, and without CC/MCC, respectively).
We are inviting public comments on whether the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel meets the cost criterion.
With respect to the substantial clinical improvement criterion, the
applicant asserted that data from studies conducted with the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel show that it can
detect major causes of pneumonia with a high degree of sensitivity and
specificity in a clinically relevant timeframe. The applicant explained
that results from the BioFire[supreg] FilmArray[supreg] Pneumonia Panel
also have the potential to impact antibiotic usage and lead to improved
stewardship and possible cost savings.
The applicant submitted four studies presented as posters at
national conferences to support its assertion that the product
represents a substantial clinical improvement, noting that data for
this test is still new and has not yet been published in academic
journals.
According to the applicant, Buchan, et al. compared the results of
conventional testing (bacterial culture and clinician directed
molecular testing for viruses and atypical bacteria) with the results
from the BioFire[supreg] FilmArray[supreg] Pneumonia Panel for 259 BAL
and 48 sputum samples.\86\ We note that in their poster, Buchan, et al.
specified that conventional testing specifically included bacterial
culture and PCR based on clinician order. Also, while Buchan, et al.
did report on the BAL specimens, the poster did not appear to report
information regarding sputum samples. According to Buchan, et al.,
specimens were obtained from inpatients aged 18 years and older with
symptoms of respiratory tract infection at 8 hospitals in the US. Chart
review was conducted to determine type and duration of antibiotic
therapy for each subject. According to the applicant, at least one
bacterial pathogen was identified by standard methods and by the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel for 23 percent of
BALs samples (n=60) and 35 percent (n=17) of sputum samples; however,
the BioFire[supreg] FilmArray[supreg] Pneumonia Panel detected a
bacterial pathogen in an additional 15 percent (n=40) of BAL samples
and 21 percent (n=10) of the sputum samples. For the 259 BAL samples,
75 bacteria were identified by both standard methods and by the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel. The applicant noted
that the BioFire[supreg] FilmArray[supreg] Pneumonia Panel identified
an additional 84 bacteria, with the most common detections for
Staphylococcus aureus (N=21), Haemophilus influenzea (n=19), Moxaella
catarrhalis (n=8), Pseudomonas aeruginosa (n=6) and Klebsiella oxytoca
(n=6). The applicant also explained that an evaluation of the medical
and laboratory records for the affected patients found that 50 percent
had been on antibiotics within 72 hours of samples collection, 42
percent of the organisms may have been present in the culture but were
not reported (due either to low quantification (<10\4\ cfu/mL) or the
presence of mixed colonies) and only 8 percent of the detections were
unexplained.
---------------------------------------------------------------------------
\86\ Buchan, B.W., Windham, S., Faron, M.L., et al. Clinical
Evaluation and Potential Impact of a Semi-Quantitative Multiplex
Molecular Assay for the Identification of Pathogenic Bacteria and
Viruses in Lower Respiratory Specimens. Poster presented at American
Thoracic Society; 2018 May 02. San Diego, CA.
---------------------------------------------------------------------------
According to the applicant, an important feature of the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel is the inclusion of
assays for viral agents. The applicant noted that in Buchan, et al.,
the BioFire[supreg] FilmArray[supreg] Pneumonia Panel identified at
least 1 virus in 19 percent of 259 BAL samples from hospitalized adults
\87\ and viruses were the only pathogen detection in 12 percent (n=31)
of BAL specimens, while 7 percent (n=18) had both bacterial and viral
pathogen detections. The applicant summarized that the most common
viral pathogens were human rhinovirus (n=17), coronavirus (n=9) and
influenza (n=5). Twenty-three percent of the samples with a viral
detection had a corresponding test ordered as part of standard of care.
The applicant stated that this finding highlights that the role of
viruses in pneumonia is still under appreciated. The applicant further
stated that identification of a viral agent in the absence of a
bacterial detection may allow reduction in the use of antibiotics.
---------------------------------------------------------------------------
\87\ Ibid.
---------------------------------------------------------------------------
According to the applicant, the ability of the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel to impact patient management has been
evaluated by two different groups (Buchan, et al. and Enne, et al). The
applicant stated that Buchan, et al., performed a theoretical outcomes
analysis by using the result of the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel to modify antimicrobial therapy and then judge if the
modification was correct using the final microbiology results. The
applicant explained that in this analysis of 243 BAL samples, 68
percent (n=165) could have had an antibiotic adjustment; 48 percent
(n=122) would have had antibiotics appropriately de-escalated or
discontinued, 31 percent (n=78) would have had no change, and 2 percent
(n=5) would have had appropriate escalation or initiation of
antibiotics.\88\ Alternately, 17 percent (n=42) would have received
inappropriate escalation and 2 percent (n=6) would have received
inappropriate de-escalation when compared to culture results. The
applicant summarized that the most common de-escalations occurred due
to discontinuation of vancomycin due to non-detection of MRSA (35
percent) and discontinuation of piperacillin/tazobactam due to non-
detection of Enterobacteriaceae (23 percent).
[[Page 32599]]
According to the applicant, the de-escalation due to non-detection of
these pathogens is possible because the increased sensitivity of the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel for detection of
bacterial pathogen provides a high negative predictive value for these
non-detections. The applicant explained that the authors estimated the
results could have potentially saved >18,000 antibiotic hours equating
to an average of 6.5 days/patient (we note that in the poster by
Buchan, et al., they reported an average of 6.2 d/patient rather than
6.5 mentioned in the application).\89\
---------------------------------------------------------------------------
\88\ Ibid.
\89\ Ibid.
---------------------------------------------------------------------------
According to the applicant, in an analysis of 120 ICU patients (79
males and 41 females; 33 children, with a median age of 1; and adults
with a median age of 68) in the UK by Enne, et al., patients were
divided into a group with positive outcomes (pneumonia resolved within
21 days) and negative outcomes (pneumonia not resolved in 21 days or
contributed to the patient's death). Enne, et al., evaluated the
appropriateness of antimicrobials used for HAP/VAP versus both routine
culture and two rapid PCR tests, BioFire[supreg] FilmArray[supreg]
Pneumonia Panel (1h) and Curetis UnyveroTM Pneumonia Panel
(5.5h). Consented or assented ICU patients were recruited at 4 diverse
UK hospitals: 1 district general, 1 tertiary referral, 1 children's and
1 private. Patients were those starting or changing antibiotics for
suspected pneumonia, already hospitalized for >48h and with a timely
respiratory sample. According to the applicant, the results of the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel and routine culture
were evaluated to determine if the test results would have identified
the antibiotic therapy as active or inactive. The applicant explained
that in the group with positive outcomes, the results of the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel were able to
correctly classify the patient's therapy as active for 35 percent of
patients compared to only 20 percent for routine culture (p=0.005). The
applicant also explained that in the group of 27 percent of patients
that had negative outcomes, the results of the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel would have classified the initial
antibiotic therapy as inactive for 41 percent of patients compared to
only 15.6 percent for routine culture.\90\ The study authors also
reported that routine microbiology and Curetis UnyveroTM
detected a potential pathogen in 41.7 percent and 59.2 percent of
specimens respectively, whereas BioFire[supreg] FilmArray[supreg]
Pneumonia Panel detected a potential pathogen in 66.7 percent of
respiratory samples from patients enrolled in the study. The applicant
stated that these study results indicate that the test results of the
BioFire[supreg] FilmArray[supreg] Pneumonia Panel provide information
that can lead to more targeted and effective therapy in a shorter
period of time, and may help to improve patient outcomes.
---------------------------------------------------------------------------
\90\ Enne, V.I., Baldan, R., Russell, C., et al. INHALE WP2:
Appropriateness of Antimicrobial Prescribing for Hospital-acquired
and Ventilator-associated Pneumonia (HAP/VAP) in UK ICUs assessed
against PCR-based Molecular Diagnostic Tests. Poster presented at
European Congress of Clinical Microbiology and Infectious Disease;
2019 April 13-16. Amsterdam, Netherlands.
---------------------------------------------------------------------------
The applicant also submitted Rand et al., which conducted a
retrospective analysis of BAL (n=197) and endotracheal aspirates (n=93)
samples from 270 unique hospitalized patients that were collected and
stored at -70 [deg]C until thawed and tested on the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel compared to routine microbiology
results.\91\ Patient data were extracted from the electronic medical
record. Cultures were performed by standard methods and identified by
Vitek II and mass spectrometry. The applicant explained that the
authors found a high correlation between standard methods and
BioFire[supreg] FilmArray[supreg] results and that the authors
concluded the BioFire[supreg] FilmArray[supreg] Pneumonia Panel would
have had a significant impact on time to result which could potentially
lead to more rapid and appropriate use of antibiotics. The applicant
also noted that the authors found significant association with
clinical/outcome variables and that the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel's semi-quantification was ``at least
as strong'' as standard culture methods, which according to the
applicant, have been developed and improved over decades.
---------------------------------------------------------------------------
\91\ Rand, K.H., Beal S.G., Cherabuddi, K., et al. Relationship
of a Multiplex Molecular Pneumonia Panel (PP) Results with Hospital
Outcomes and Clinical Variables. Poster presented at Infectious
Disease Week; 2019 October 2-6. Washington, DC.
---------------------------------------------------------------------------
The applicant also submitted White et al., which conducted a
comparison of the BioFire[supreg] FilmArray[supreg] Pneumonia Panel on
sputum samples to a multi-test diagnostic bundle for patients admitted
from the emergency department (ED) with community acquired pneumonia
(CAP).\92\ We note that White et al., specifically described the
diagnostic bundle as including the following: (1) Blood Cultures; (2)
Sputum culture and sensitivity; (3) Urine antigens: Legionella and S.
pneumoniae; (4) Nasal swab (NS) PCR for MRSA and S. pneumoniae; (5)
FilmArray (Biofire) PCR Panel (NS): Detects 17 viruses, 4 bacteria. Of
585 enrolled patients, 278 were evaluable. The applicant explained that
the authors found that the BioFire[supreg] FilmArray[supreg] Pneumonia
Panel detected a higher rate of potential pathogens than the multi-test
bundle (90.6 percent versus 81 percent). The applicant also noted that
the authors determined that the urine antigen testing, S. aureus and S.
pnuemoniae, and PCR upper respiratory panel use could be eliminated for
this sample/patient type in the future.\93\
---------------------------------------------------------------------------
\92\ White, E., Ferdosian, S., Gelfer, G., et al., Sputum
FilmArray Pneumonia Panel Outperforms A Diagnostic Bundle in
Hospitalized CAP Patients. Poster presented at Infectious Disease
Week; 2019 October 2-6. Washington, DC.
\93\ Ibid.
---------------------------------------------------------------------------
The applicant also submitted a poster by Furukawa et al., which
reported a retrospective case review of 43 samples (17 used for
clinical use and 26 obtained randomly by microbiology lab) in which
BioFire[supreg] FilmArray[supreg] Multiplex PCR was utilized.\94\
According to the applicant, initial use of BioFire FilmArray Pneumonia
panel had 100 percent intervention rate leading to de-escalation or
prevention of inappropriate antibiotics and the authors found that
there was a low risk of unnecessary antibiotics being administered due
to the increased sensitivity of the BioFire[supreg] FilmArray[supreg]
Pneumonia panel. The applicant added that the authors believe that with
additional data they may be able to discontinue empiric broad spectrum
coverage due to the rapid and sensitive nature of the BioFire FilmArray
Pneumonia Panel. The applicant also noted that they have a number of
ongoing prospective studies being conducted to further support their
claims.
---------------------------------------------------------------------------
\94\ Furukawa, D., Kim, B., Jeng, A., BioFire[supreg]
FilmArray[supreg] Pneumonia Panel: A Powerful Rapid Diagnostic Test
for Antimicrobial Stewardship. Poster presented at Infectious
Disease Week; 2019 October 2-6. Washington, DC.
---------------------------------------------------------------------------
The applicant asserted that Buchan, et al. and Rand et al. support
their claim of decreased time to actionable results based on-- (1) the
conclusion in Buchan, et al., that greater than 60 percent of patients
potentially could have had an antibiotic adjustment 3-4 days earlier
than standard methods based on BioFire[supreg] FilmArray[supreg]
Pneumonia Panel results, and (2) the conclusion in Rand et al., that
the BioFire[supreg] FilmArray[supreg] Pneumonia Panel would have a
major impact on the time to report potential pathogens that may cause
Pneumonia in intubated/ICU patients.
The applicant asserted that Buchan, et al., and Enne V.I. et al.
support their
[[Page 32600]]
claim of improved antibiotic stewardship. The applicant pointed to the
conclusions in Buchan, et al., that >60 percent of patients potentially
could have had an antibiotic adjustment with BioFire[supreg]
FilmArray[supreg] Pneumonia Panel results and 50 percent of potential
antibiotic adjustments from BioFire[supreg] FilmArray[supreg] Pneumonia
Panel testing were discontinuation or narrowing, as well as the
estimate that the BioFire[supreg] FilmArray[supreg] Pneumonia Panel
results enabled >18,000 antibiotic hours saved on 243 patients. The
applicant pointed to Enne V.I. et al., for the results that of the 27
percent of patients who had negative outcomes, 15.6 percent had a
pathogen resistant to initial therapy based on culture and 41.9 percent
were resistant to initial therapy based on BioFire[supreg]
FilmArray[supreg] Pneumonia Panel results (p=0.029).
The applicant asserted that White E., et al., and Enne, et al.
support its claim of increased diagnostic yield because White et al.
concluded that of patients with a final diagnosis of pneumonia,
BioFire[supreg] FilmArray[supreg] Pneumonia Panel detected a potential
pathogen in 90.6 percent compared to 81 percent with standard methods,
and Enne, et al. reported that routine methods detected a pathogen in
41.7 percent of specimens compared to the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel which detected a pathogen in 66.7
percent of specimens.
In summary, the applicant explained that lower respiratory tract
infections are a common and serious health care problem, current
diagnostic tests are slow and do not identify a causative pathogen in
over 50 percent of patients, and the BioFire[supreg] FilmArray[supreg]
Pneumonia Panel is an easy-to-use multiplex panel that has been shown
to increase diagnostic yield and significantly decrease time to results
when compared to standard testing both because of improved test
sensitivity and because it includes assays for typical bacteria,
viruses and selected antibiotic resistance genes. According to the
applicant, retrospective review of BioFire[supreg] FilmArray[supreg]
Pneumonia Panel and patient data indicates a potential to impact
antibiotic utilization to ensure patients are on appropriate therapy in
a timely manner. The applicant also noted that molecular testing for
pneumonia is relatively new and there is a lot to learn about how to
best use these tests, and that there are currently several prospective
studies underway to clarify the role that this tool may play in
improving the outcomes for patients with pneumonia, reducing use of
unnecessary antibiotics, improving targeted therapy and potentially
reducing health care costs due to more directed and efficient patient
management. According to the applicant, early theoretical outcomes
evaluations provide reason to be optimistic.
We note that the studies the applicant submitted to support its
assertions regarding substantial clinical improvement were presented
only as posters, and that information pertaining to full manuscripts
with further study details were not provided. It is also unclear if the
studies described in the posters have been submitted for peer-reviewed
publication or whether full manuscripts with detailed methods and data
tables are available.
We are concerned that the studies do not appear to be designed or
powered to be able to show conclusive evidence of clinical impact. In
particular, the studies appear to describe analysis of clinical results
for patients and state that there is potential for the results to
impact clinical decisions about antimicrobial therapy. However, it
appears the applicant did not submit evidence of the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel product in real world, prospective
use (randomized or non-randomized) with actual antimicrobial decisions
or effect on patient management. This may require larger sample sizes.
We are also concerned that only one study provided by the applicant
(Enne, V.I., et al.) compared BioFire[supreg] FilmArray[supreg]
Pneumonia Panel to Curetis UnyveroTM, which is another PCR-
based technology, and that a statistical difference was not reported
between BioFire and Unyvero for the outcomes reported in the poster.
While we understand that Curetis UnyveroTM may be somewhat
slower than BioFire[supreg] FilmArray[supreg] Pneumonia Panel and does
not include viruses, the clinical impact of the differences between
these two products is unclear. We are also uncertain how Buchan, et al.
calculated their estimate that >18,000 antibiotic hours were saved on
243 patients using the BioFire[supreg] FilmArray[supreg] Pneumonia
Panel results. The applicant stated that there are currently several
prospective studies underway to clarify the role that this tool may
play in improving the outcomes for patients with pneumonia, reducing
use of unnecessary antibiotics, improving targeted therapy and
potentially reducing health care costs due to more directed and
efficient patient management; however, data or results from those
studies were not included with the application.
We welcome public comment on whether the BioFire[supreg]
FilmArray[supreg] Pneumonia Panel meets the substantial clinical
improvement criterion.
We did not receive any written public comments in response to the
New Technology Town Hall meeting notice published in the Federal
Register regarding the substantial clinical improvement criterion for
the BioFire[supreg] FilmArray[supreg] Pneumonia Panel or at the New
Technology Town Hall meeting.
c. ContaCT
Viz.ai Inc. submitted an application for new technology add-on
payments for ContaCT for FY 2021. The individual components of ContaCT
are currently marketed by Viz.ai, Inc. under the tradenames ``Viz LVO''
(for the algorithm), ``Viz Hub'' (for the text messaging and calling
platform), and ``Viz View'' (for the mobile image viewer). According to
the applicant, ContaCT is a radiological computer-assisted triage and
notification software system intended for use by hospital networks and
trained clinicians. The applicant asserted that ContaCT analyzes
computed tomography angiogram (CTA) images of the brain acquired in the
acute setting, sends notifications to a neurovascular specialist(s)
that a suspected large vessel occlusion (LVO) has been identified, and
recommends review of those images.
The applicant asserted early notification of the stroke team can
reduce time to treatment and increase access to effective specialist
treatments, like mechanical thrombectomy. Specifically, the applicant
asserted that shortening the time to identification of LVO is critical
because the efficacy of thrombectomy in patients with acute ischemic
stroke decreases as the time from symptom onset to treatment increases.
The applicant also asserted in a condition like stroke, where 1.9
million neurons die every minute and for which 34 percent of patients
hospitalized are under the age of 65, reducing time to treatment
results in reduced disability.\95\ The applicant asserted ContaCT
streamlines the standard workflow using artificial intelligence to
substantially shorten the period of time between when a patient
receives a stroke CT/CTA and when the patient is referred to a stroke
neurologist and neurointerventional surgeon.
---------------------------------------------------------------------------
\95\ Hall MJ, Levant S, DeFrances CJ. Hospitalization for stroke
in U.S. hospitals, 1989-2009. NCHS data brief, no 95. Hyattsville,
MD: National Center for Health Statistics. 2012. https://www.cdc.gov/nchs/data/databriefs/db95.pdf.
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With respect to the newness criterion, according to the applicant,
FDA granted marketing authorization to ContaCT on February 13, 2018
under the de novo pathway, which is only available to devices of a new
type with low-to-
[[Page 32601]]
moderate risk for which there are no legally marketed predicates, and
classified it as a Class II medical device. We note that FDA issued a
de novo order memorandum describing ContaCT as ``an artificial
intelligence algorithm [used] to analyze images for findings suggestive
of a pre-specified clinical condition and to notify an appropriate
medical specialist of these findings in parallel to standard of care
image interpretation.'' The order specified that ``identification of
suspected findings is not for diagnostic use beyond notification.''
The applicant asserted ContaCT was not available immediately after
FDA's marketing authorization due to establishing Quality Management
Systems and processes for distributing ContaCT as well as staff
training and installation. Per the applicant, ContaCT was not
commercially available until October 2018.
We note the applicant has submitted a request to the ICD-10
Coordination and Maintenance Committee for approval for a unique ICD-
10-PCS procedure code, effective in FY 2021, to describe procedures
that use ContaCT. Currently, there are no ICD-10-PCS procedure codes to
uniquely identify procedures involving the use of ContaCT.
As discussed above, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would not be considered ``new''
for purposes of new technology add-on payments.
With regard to the first criterion, whether a product uses the same
or a similar mechanism of action to achieve a therapeutic outcome, the
applicant asserted no existing technology is comparable to ContaCT. The
applicant further asserted, because of the technology's novelty, the
product was reviewed under FDA's de novo pathway. The applicant first
outlined the clinical workflow for patients presenting to a hospital
with signs or symptoms of LVO prior to the availability of ContaCT:
1--Patient presents with stroke/suspected stroke to hospital emergency
department (ED).
2--Patient receives stroke CT/CTA imaging after brief initial
evaluation by hospital ED physician.
3--Technologist processes and reconstructs the CT/CTA imaging and
manually routes to hospital picture archiving and communication system
(PACS).
4--Radiologist reads CT/CTA imaging.
5--If needed, a neuroradiology consult is sought.
6--A radiological diagnosis of LVO is made.
7--The radiologist informs hospital ED physician of positive LVO either
verbally or in the radiologist report.
8--ED physician performs comprehensive exam and refers the patient to a
stroke neurologist.
9--The stroke neurologist reviews the CT/CTA imaging and clinical
history and determines whether to prescribe or recommend prescription
of thrombolysis with tissue plasminogen activator (tPA).
10--The stroke neurologist refers the patient to a neurointerventional
surgeon. Together they decide whether the patient is a candidate for
mechanical thrombectomy.
11--If appropriate, the patient proceeds to treatment with mechanical
thrombectomy.
The applicant asserted that facilities utilizing the ContaCT system
can substantially shorten the period of time between when the patient
receives stroke CT/CTA imaging (step 2) and when the patient is
referred to a stroke neurologist and neurointerventional surgeon (steps
9 and 10). They further assert that ContaCT streamlines this workflow
using artificial intelligence to analyze CTA images of the brain
automatically and notifies the stroke neurologist and
neurointerventional surgeon that a suspected LVO has been identified,
and then enables them to review imaging and make a treatment decision
faster. The applicant concludes that shortening the time to
identification of LVO is critical because the efficacy of thrombectomy
in patients with acute ischemic stroke decreases as the time from
symptom onset to treatment increases.
With regard to the second criterion, whether the technology is
assigned to the same or a different MS-DRG, the applicant did not
specifically address whether the technology meets this criterion.
However, we believe that cases involving the use of the technology
would be assigned to the same MS-DRGs as cases without the technology
where the patient moves through the hospital according to the
traditional workflow outlined above.
With regard to the third criterion, whether the new use of the
technology involves the treatment of the same or similar type of
disease and the same or similar patient population, the applicant also
did not specifically address whether the technology meets this
criterion. However, we believe cases involving the use of the
technology would treat the same or similar type of disease and the same
or similar patient population as the traditional workflow outlined
above.
We note that the applicant described ContaCT's mechanism of action
as shortening the time to identification of LVO through artificial
intelligence (AI). Specifically, the applicant asserted that facilities
utilizing the ContaCT system can substantially shorten the period of
time between when the patient receives stroke CT/CTA imaging and when
the patient is referred to a stroke neurologist and neurointerventional
surgeon. We are unclear as to whether the streamlining of hospital
workflow would represent a unique mechanism of action. Rather, it seems
that the mechanism of action for ContaCT would be the use of AI to
analyze images and notify physicians rather than streamlining hospital
workflow. However, we refer the reader to our discussion below
regarding our concerns with respect to general parameters for
identifying a unique mechanism of action based on the use of AI, an
algorithm and/or software.
To the extent that the applicant asserted that streamlined hospital
workflow through the use of ContaCT represents a unique mechanism of
action, it is unclear to us the degree to which ContaCT changes the
traditional workflow. Per the FDA, ``ContaCT is limited to analysis of
imaging data and should not be used in-lieu of full patient evaluation
or relied upon to confirm diagnosis.'' \96\ It is unclear to CMS how
ContaCT shortens time to treatment via AI if the CT machine still
performs the scanning and clinicians are still needed to view the
images to diagnose an LVO and perform a full patient evaluation for the
best course of treatment. The applicant has also indicated to CMS that
the use of ContaCT is not automatic, and the E.R. physician must submit
an order to utilize it specifically when suspecting an LVO. We are
unclear how ContaCT streamlines the workflow for stroke treatment via
AI if it is not to be used for diagnostic purposes per the FDA and
still requires personnel to order the scan and make the diagnosis.
---------------------------------------------------------------------------
\96\ U.S. Food and Drug Administration, DEN170073. Evaluation of
Automatic Class III Designation for ContaCT Decision Summary.
---------------------------------------------------------------------------
We also are generally concerned as to whether the use of AI, an
algorithm, or software, which are not tangible, may be considered or
used to identify a unique mechanism of action. In addition, we question
how updates to AI, an algorithm or software would affect an already
approved technology or a competing technology, including whether
software changes for an already approved technology could be
[[Page 32602]]
considered a new mechanism of action. We also question whether, if
there were competing technologies to an already approved AI new
technology, an improved algorithm by a competitor would represent a
unique mechanism of action if the outcome is the same as the technology
first approved. We welcome comments from the public regarding the
general parameters for identifying a unique mechanism of action based
on the use of AI, an algorithm and/or software.
We also invite public comments on whether the applicant meets the
newness criterion, including specifically with respect to the mechanism
of action.
With respect to the cost criterion, the applicant provided the
following analysis. First, the applicant extracted claims from the FY
2018 MedPAR dataset. The applicant explained that many patients present
to the emergency department with signs or symptoms suggesting a LVO.
That presentation would be the basis for ordering a CTA with the
ContaCT added. Of these patients, some will be identified as stroke and
LVO, some as stroke but not from a LVO, and others will have diagnoses
completely unrelated to stroke. As a result, according to the
applicant, there may be a very broad range of principal diagnoses and
MS-DRGs representing patients who would be eligible for and receive a
CTA with ContaCT. The applicant noted that it used admitting diagnoses
codes rather than principal or secondary diagnosis codes to identify
cases of stroke due to LVO, stroke not due to LVO, and no stroke. The
applicant utilized a multi-step approach:
Step 1: The applicant first extracted claims from the
stroke-related MS-DRGs (023, 024, 061, 062, 063, 064, 065, 066, 067,
068, and 069).
Step 2: The applicant analyzed the admitting diagnosis on
claims extracted in Step 1 to identify the reason for admission. The
applicant found that the top five admitting diagnoses for patients in
the stroke-related MS-DRGs included: Cerebral infarction, unspecified
(I63.9), transient cerebral ischemic attack, unspecified (G45.9),
slurred speech (R4781), aphasia (R4701), and facial weakness (R29.810).
Step 3: The applicant identified all MS-DRGs assigned to
the admitting diagnosis codes identified in step 2 to identify ContaCT
cases that did not map to one of the stroke MS-DRGs.
Step 4: The applicant identified a list of unique MS-DRGs
and admitting diagnosis code combinations to which cases involving
ContaCT would map. The applicant stated that it reviewed with clinical
experts the MS-DRG and admitting diagnosis combinations and eliminated
any that were unlikely to include the use of ContaCT.
The applicant identified a total of 375,925 cases across 143 MS-
DRGs, with approximately 66% of cases mapping to MS-DRGs 039, 057, 064,
065, 066, 069 and 312. The average unstandardized case-weighted charge
per case was $52,001. The applicant noted it did not remove any charges
for a prior technology, as it asserted that no other technology is
comparable to ContaCT. Based on the results of a research study,\97\
the applicant assumed ContaCT cases resulting in mechanical
thrombectomy would have charges reduced by 38% as a result of reduced
specialty care days and therefore removed the related charges, which
only affected cases mapping to MS-DRGs 023, 024, 025, and 026. The
applicant standardized the charges and applied an inflation factor of
11.1%, which is the same inflation factor used by CMS to update the
outlier threshold in the FY 2020 IPPS/LTCH PPS final rule (84 FR
42629), to update the charges from FY 2018 to FY 2020.
---------------------------------------------------------------------------
\97\ Goldstein ED, Schnusenberg L, Mooney L, et al. Reducing
Door-to-Reperfusion Time for Mechanical Thrombectomy With a
Multitiered Notification System for Acute Ischemic Stroke. Mayo Clin
Proc Innov Qual Outcomes. 2018;2(2): 119-128.
---------------------------------------------------------------------------
The applicant then added the charges for the new technology. The
applicant explained it calculated the cost per patient by dividing the
total overall cost of ContaCT per year per hospital by the number of
total estimated cases for which ContaCT was used at each hospital that
currently subscribes to ContaCT (based on the estimated number of cases
receiving CTA), and averaging across all such hospitals. The following
is the methodology the applicant used to determine the cost per case:
Step 1: The applicant first determined the estimated total
cases (both Medicare and non-Medicare) for each current subscriber
hospital. The applicant explained it used total cases for both Medicare
and non-Medicare cases since the cost per case is not specific to
Medicare cases. In order to determine total cases, which include both
Medicare and non-Medicare cases, the applicant divided the total
Medicare cases per subscriber hospital from the FY 2018 MedPAR data by
the percentage of Medicare beneficiaries (71 percent) in the CONTACT
FDA research study (for example, 1,136 Medicare cases divided by 0.71
equals 1,600 total Medicare and non-Medicare cases).
Step 2: To analyze actual rates (percentages) of CTA
across subscriber hospital cases, the applicant first used the
beneficiary ID in the FY 2018 SAF data set to find matching physician
claims in the carrier file for CT and CTA services with a site of
service of 21 (Inpatient hospital) or 23 (emergency department) and a
date of service consistent with the inpatient stay. The applicant then
calculated provider-specific CTA rates (percentages) for each
subscriber hospital. The applicant dropped five hospitals with a low
volume of Medicare inpatient stays that had no matching services in the
carrier file. The applicant calculated an average CTA rate of 21.6
percent across all hospitals that subscribe to ContaCT.
Step 3: The applicant determined the estimated total
number of cases that received CTA for each current subscriber hospital
by multiplying the total cases (Medicare and non-Medicare) for each
subscriber hospital in step 1 by the provider-specific CTA rate
calculated in Step 2. In cases where a provider had fewer than 11 cases
in the carrier file or where a provider had a CTA rate that was an
outlier, the applicant multiplied the total cases for the provider by
the average CTA rate of 21.6 percent.
Step 4: The applicant then calculated the cost per year
per hospital. If a hospital had multiple sites under the same CCN, the
applicant multiplied the total overall cost of ContaCT per hospital by
the number of sites. For example, if the cost for ContaCT was $25,000
per year and Hospital A had only one site under its CCN, then the total
cost for ContaCT for Hospital A would be $25,000. However, if Hospital
B had three sites under its CCN, then the total cost for ContaCT for
Hospital B would be $75,000 per year ($25,000 x 3).
Step 5: The applicant then divided the cost per year per
hospital by the total cases that received CTA for each customer
hospital in step 3 to determine the estimated cost per case for each
customer hospital. If Hospital A from the example in Step 4 had 50
patients, then the total hospital cost per case would be $500 per
patient ($25,000/50). If Hospital B (with three sites under its CCN)
also had 50 patients, then the total hospital cost per case would be
$1,500 per patient ($75,000/50).
Step 6: The applicant averaged the cost per case across
all hospitals to determine the average cost per patient. The average
cost per case across Hospital A and Hospital B in the previous example
would be $1,000.
Step 7: To convert the cost of the technology in Step 6 to
charges, the applicant divided the average cost per patient by the
national average cost-to-
[[Page 32603]]
charge (CCR) of 0.14 for the Radiology cost center from the FY 2020
IPPS/LTCH PPS final rule. (84 FR 42179). Although the applicant
submitted data related to the cost of the technology, the applicant
noted that the cost of the technology was proprietary information.
The applicant calculated a case-weighted threshold amount of
$51,358 and a final inflated average case-weighted standardized charge
per case of $62,006. Based on this analysis, the applicant believes
that ContaCT meets the cost criterion because the final inflated
average case-weighted standardized charge per case exceeds the case-
weighted threshold amount.
The applicant submitted three additional cost analyses to
demonstrate that it meets the cost criterion using the same methodology
above but with limits on the cases. The first alternative limited the
analysis to only those cases in the primary stroke-related MS-DRGs 023,
024, 061, 062, 063, 064, 065, 066, 067, 068, and 069. This first
alternative method resulted in a case-weighted threshold of $53,885 and
a final inflated average case weighted standardized charge per case of
$62,175. The second alternative limited the analysis to cases in MDC 01
(Diseases and Disorders of the Nervous System) with the following MS-
DRGs:
[GRAPHIC] [TIFF OMITTED] TP29MY20.126
This second alternative method resulted in a case-weighted
threshold of $55,053 and a final inflated average case weighted
standardized charge per case of $63,741. The third alternative limited
cases to MS-DRGs where the total volume of cases was greater than 100.
This third alternative method resulted in a case-weighted threshold of
$49,652 and a final inflated average case weighted standardized charge
per case of $59,365. Across all cost-analysis methods, the applicant
maintained that the technology meets the cost criterion because the
final inflated average case weighted standardized charge per case
exceeds the average case-weighted threshold amount.
We note that we believe a case weight would provide more accuracy
in determining the average cost per case as compared to the average of
costs per case across all hospitals that was used by the applicant in
step 6 as summarized previously. We therefore computed a case weighted
cost per case across all current subscriber hospitals. We then inflated
the case weighted cost per case to a charge based on step 7 above and
used this amount in the comparison of the case weighted threshold
amount to the final inflated average case weighted standardized charge
per case (rather than the applicant's average cost per case). In all
the scenarios above, the final inflated average case-weighted
standardized charge per case exceeded the case-weighted threshold
amount by an average of $2,961.
We have the following concerns regarding whether the technology
meets the cost criterion. The applicant used a single list price of
ContaCT per hospital with a cost per patient that can vary based on the
volume of cases. We are concerned that the cost per patient varies
based on the utilization of the technology by the hospitals. The cost
per patient could be skewed by the small number of hospitals utilizing
the technology and their low case volumes. It is possible, if hospitals
with large patient populations adopt ContaCT, the cost per patient
would be significantly lower.
An alternative to the applicant's calculation may be a methodology
that expands the applicant's sample from total cases (which include
both Medicare and non-Medicare cases) receiving CTA at subscriber
hospitals in Step 1 to all inpatient hospitals for the use of ContaCT
(and then using the same steps after Step 1 for the rest of the
analysis). In this alternative, the applicant would continue to extract
cases representing patients that are eligible for the use of ContaCT
from MedPAR, but the cost per patient would be determined by dividing
the overall cost per year per hospital by the average number of
patients eligible for the use of ContaCT across all such hospitals. For
example, if the cost for ContaCT is $25,000 per year and the average
hospital has 500 patients who are eligible to receive ContaCT per year,
then under this alternative methodology, the total cost per patient
would be $50 ($25,000/500).
We note, if ContaCT were to be approved for new technology add-on
payments for FY 2021, we believe the cost per case from the cost
analysis above may also be used to determine the maximum new technology
add on payment (that is, 65 percent of the cost determined above). We
understand there are unique circumstances to determining a cost per
case for a technology that utilizes a subscription for its cost. We
welcome comments from the public as to the appropriate method to
determine a cost per case for such technologies, including comments on
whether the cost per case should be estimated based on subscriber
hospital data as described previously, and if so,
[[Page 32604]]
whether the cost analysis should be updated based on the most recent
subscriber data for each year for which the technology may be eligible
for the new technology add-on payment.
We also invite public comments on whether the applicant meets the
cost criterion.
With respect to the substantial clinical improvement criterion,
according to the applicant, ContaCT represents an advance that
substantially improves the ability to diagnose a large vessel occlusion
stroke earlier by automatically identifying suspected disease in CTA
images and notifying the neurovascular specialist in parallel to the
standard of care. The applicant further asserted a major limitation in
the traditional acute stroke workflow is the time delay from initial
image acquisition of a suspected LVO patient (CT, CT angiography, and
CT perfusion), notification of the interventional team, and execution
of an endovascular thrombectomy. The time from stroke onset to
reperfusion (tissue damage caused when blood supply returns to tissue
after a period of ischemia or lack of oxygen) is negatively correlated
with the probability of an independent functional status.\98\ The
applicant states the time from initial presentation to eventual
reperfusion can be long, resulting in poor outcomes, using the existing
standard of care. The median onset-to-revascularization time has been
reported as 202.0 minutes for patients presenting directly to
interventional centers (or comprehensive stroke centers), and 311.5
minutes for patients that initially presented to a non-interventional
center.\99\ The applicant further states that part of that time is the
time from initial CTA-scan to the time that the neurovascular
specialist is notified of a possible LVO (the CTA to notification
time). A retrospective study examined work-flow for stroke patients and
demonstrated an initial CT to CSC (Comprehensive Stroke Center)
notification time per standard of care >60 minutes in patients
transferred for endovascular reperfusion in acute ischemic stroke.\100\
---------------------------------------------------------------------------
\98\ Khatri P, Abruzzo T, Yeatts SD, et al. Good clinical
outcome after ischemic stroke with successful revascularization is
time-dependent. Neurology. 2009;73(13):1066-1072.
\99\ Froehler MT, Saver JL, Zaidat 00, et al. Interhospital
transfer before thrombectomy is associated with delayed treatment
and worse outcome in the STRATIS registry. Circulation. 2017;
136(24):2311-2321.
\100\ Sun CH, Nogueira J, Glenn RG, et al. Picture-to-puncture:
A novel time metric to enhance outcomes in patients transferred for
endovascular reperfusion in acute ischemic stroke. Circulation.
2013;127:1139-1148.
---------------------------------------------------------------------------
The applicant asserted that ContaCT facilitates a workflow parallel
to the standard of care workflow and results in a notified specialist
entering the workflow earlier. In a study comparing the performance of
ContaCT with standard of care workflow, ContaCT resulted in faster
specialist notification. According to the applicant, the average time
to specialist notification for ContaCT was 7.32 minutes [95%CI: 5.51,
9.13] whereas time to notification for standard of care workflow was
58.72 minutes [95%CI: 46.21, 71.23]. The applicant also asserted that
ContaCT saved an average of 51.4 minutes, an improvement that could
markedly improve time to intervention for LVO patients. In addition,
the applicant noted that the standard deviation was reduced from 41.14
minutes in the standard of care workflow to 5.95 minutes with ContaCT,
demonstrating ContaCT's potential to reduce variation in care and
patient outcome across geographies and time of day.\101\
---------------------------------------------------------------------------
\101\ U.S. Food and Drug Administration (FDA). Center for
Devices and Radiological Health. Evaluation of Automatic Class III
Designation for ContaCT. Decision Memorandum No. 170073 (DEN170073).
2018. Retrieved from: https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN170073.pdf.
---------------------------------------------------------------------------
To support the applicant's assertion that ContaCT substantially
improves the ability to diagnose a large vessel occlusion stroke
earlier, the applicant presented a multicenter prospective
observational trial, DISTINCTION, which is ongoing and compares a
prospective cohort of patients in which ContaCT is used (intervention
arm) to a retrospective cohort in which ContaCT was not used (control
arm). Patients are also segmented based on whether they initially
present to a non-interventional center or an interventional center. Per
the applicant, early data from one non-interventional hospital in the
Erlanger Health System indicates that for the control arm the median
time from CTA to clinician notification was 59.0. For the intervention
arm, early data indicates that the median time from CTA to clinician
notification was 5.3 min. The applicant stated that these early data
indicate time savings of approximately 53 min, which is consistent with
the 51.4 min. time savings demonstrated in the studies sponsored/
conducted by the De Novo requester.\102\
---------------------------------------------------------------------------
\102\ U.S. Food and Drug Administration (FDA). Center for
Devices and Radiological Health. Evaluation of Automatic Class III
Designation for ContaCT. Decision Memorandum No. 170073 (DEN170073).
2018. Retrieved from: https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN170073.pdf.
---------------------------------------------------------------------------
Next, the applicant presented the Automated Large Artery Occlusion
Detection In Stroke Imaging Study (ALADIN), a multi-center
retrospective analysis of CTAs randomly picked from a retrospective
cohort of acute ischemic stroke patients, with and without anterior
circulation LVOs, admitted at three tertiary stroke centers, from 2014-
2017. Per the applicant, ALADIN evaluated ContaCT's performance
characteristics including area under the curve, sensitivity,
specificity, positive predictive value, negative predictive value, and
processing or running time. The applicant asserted that, through this
study, researchers concluded that the ContaCT algorithm may permit
early and accurate identification of LVO stroke patients and timely
notification to emergency teams, enabling quick decision-making for
reperfusion therapies or transfer to specialized centers if
needed.103 104 105
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\103\ Barreira C, Bouslama M, Lim J, et al. E-108 ALADIN study:
Automated large artery occlusion detection in stroke imaging study--
a multicenter analysis. J Neurointerv Surg. 2018;10(Suppl 2):A101-
A102.
\104\ Barreira C, Bouslama M, Haussen D, et al. Abstract WP61:
Automated large artery occlusion detection in stroke imaging--ALADIN
study. Stroke. 2018;49:AWP61.
\105\ Rodrigues GM, Barreira CM, Bouslama M, et al. Automated
large artery occlusion detection in stroke imaging study (ALADIN).
Abstract WP71: Multicenter ALADIN: Automated large artery occlusion
detection in stroke imaging using artificial intelligence. Stroke.
30 Jan 2019;50:AWP71.
---------------------------------------------------------------------------
According to the applicant, the use of ContaCT to facilitate a
faster diagnosis and treatment decision directly affects management of
the patient by enabling early notification of the neurovascular
specialist and faster time to treatment utilizing mechanical
thrombectomy to remove the large vessel occlusion. The applicant stated
that mechanical thrombectomy with stent retrievers is one of the
standards of care for treatment of acute ischemic stroke patients
caused by LVO and that mechanical thrombectomy therapy is highly time-
critical with each minute saved in onset-to-treatment time resulting in
a reported average of 4.2 days of extra healthy life.\106\ According to
the applicant, the use of ContaCT affects the management of the patient
by facilitating early identification of patients with suspected LVO and
early notification of the neurovascular specialist. The applicant
asserted that
[[Page 32605]]
this may affect the management of the patient in two ways. First, it
may offer improved access to mechanical thrombectomy for patients who
would otherwise not have access because of factors such as time of day
and the specialty capabilities of the hospital they are in, and second,
it may involve the neurovascular team earlier, decreasing the time to
thrombectomy. The applicant stated that ContaCT saved an average of
51.4 minutes in time to notification relative to standard of care
workflow and reduced standard deviation in time to notification from
41.14 minutes (standard of care workflow) to 5.95 minutes
(ContaCT).\107\ Furthermore, the applicant stated that ContaCT could
markedly improve time to intervention for LVO patients and has the
potential to reduce variation in care and patient outcome across
geographies and time of day.
---------------------------------------------------------------------------
\106\ Fransen PS, Berkhemer OA, Lingsma HF, et al. Time to
reperfusion and treatment effect for acute ischemic stroke: A
randomized clinical trial. JAMA Neurol. 2016;73:190-196; Meretoja A,
Keshtkaran M, Tatlisumak T, Donnan GA and Churilov L. Endovascular
therapy for ischemic stroke: Save a minute--save a week. Neurology.
2017;88(22):2123-2127.
\107\ U.S. Food and Drug Administration (FDA). Center for
Devices and Radiological Health. Evaluation of Automatic Class III
Designation for ContaCT. Decision Memorandum No. 170073 (DEN170073).
2018. Retrieved from: https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN170073.pdf.
---------------------------------------------------------------------------
The applicant stated that according to five clinical trials, the
clinical efficacy of endovascular mechanical thrombectomy has been
demonstrated for patients with LVO strokes up to 6 hours after onset of
stroke.\108\ The applicant also stated that two meta-analyses of these
randomized trials have been completed.\109\ Campbell et al., performed
a patient-level pre-specified pooled meta-analysis of four randomized
clinical trials which concluded that thrombectomy for large vessel
ischemic stroke is safe and highly effective at reducing disability.
Goyal et al., pooled and analyzed patient-level data from all five
trials. Per the applicant, the results indicated that mechanical
thrombectomy leads to significantly reduced disability. According to
the applicant, together, these five randomized trials and two meta-
analyses, have demonstrated that treatment for intracranial large
vessel occlusion with mechanical thrombectomy with stent retrievers is
the standard of care.
---------------------------------------------------------------------------
\108\ Berkhemer OA, Fransen PS, Beumer D, et al. MR CLEAN
Investigators. A randomized trial of intraarterial treatment for
acute ischemic stroke. N Engl J Med. 2015;372:11-20.doi: 10.1056/
NEJMoa1411587; Campbell BCV, Mitchell PJ, Kleinig TJ, et al.
Endovascular therapy for ischemic stroke with perfusion-imaging
selection. N Engl J Med. 2015;372(11):1009-1018; Jovin TG, Chamorro
A, Cobo E, de Miquel MA, Molina CA, Rovira A, et al.; REVASCAT Trial
Investigators. Thrombectomy within 8 hours after symptom onset in
ischemic stroke. N Engl J Med. 2015;372(24):2296-2306.
\109\ Campbell BC, Hill MD, Rubiera M et al. Safety and efficacy
of solitaire stent thrombectomy: Individual patient data meta-
analysis of randomized trials. Stroke. 2016;47(3):798-806; Goyal M,
Menon BK, van Zwam WH, et al. Endovascular thrombectomy after large-
vessel ischaemic stroke: A meta-analysis of individual patient data
from five randomised trials. Lancet N Am Ed. 2016;387(10029):1723-
1731.
---------------------------------------------------------------------------
The applicant also asserted that real world evidence further
supports the efficacy of mechanical thrombectomy. Data from the STRATIS
registry (Systematic Evaluation of Patients Treated With
Neurothrombectomy Devices for Acute Ischemic Stroke), which
prospectively enrolled patients treated in the United States with a
Solitaire Revascularization Device and Mindframe Capture Low Profile
Revascularization Device within 8 hours from symptom onset, was
compared with the interventional cohort from the patient-level meta-
analysis from Campbell et al., to assess whether similar process
timelines and technical and functional outcomes could be achieved in a
large real world cohort as in the randomized trials. The conclusion of
the article was that the results indicate that randomized trials can be
reproduced in the real-world (Mueller-Kronast et al., 2017).\110\
---------------------------------------------------------------------------
\110\ Mueller-Kronast NH, Zaidat OO, Froehler MT, et al.
Systematic evaluation of patients treated with neurothrombectomy
devices for acute ischemic stroke: Primary results of the STRATIS
registry. Stroke. 2017;48(10):2760-2768.
---------------------------------------------------------------------------
The applicant stated that based on these data, U.S. clinical
guidelines now recommend mechanical thrombectomy for the treatment of
large vessel occlusion strokes when performed <=6 hours from symptom
onset. The American Stroke Association/American Heart Association (ASA/
AHA) ``2018 Guidelines for the Early Management of Patients With Acute
Ischemic Stroke'' recommends mechanical thrombectomy with a stent
retriever in patients that meet the following criteria: (1) Prestroke
modified Rankin Scale (mRS) 0-1, (2) causative occlusion of the
internal carotid artery (ICA) or middle cerebral artery (MCA) segment 1
(M1), (3) age >=18, (4) National Institute of Health Stroke Scale
(NIHSS) >=6, (5) Alberta Stroke Program Early CT Score (ASPECTS) >=6,
and (6) treatment can be initiated within 6 h of symptom onset (Powers
et al., 2018). The ASA/AHA notes the need for expeditious treatment
with both intravenous thrombolysis and mechanical thrombectomy.\111\
---------------------------------------------------------------------------
\111\ Powers WJ, Rabinstein AA, Ackerson T et al. On behalf of
the American Heart Association Stroke Council. 2018 Guidelines for
the early management of patients with acute ischemic stroke: A
guideline for healthcare professionals from the American Heart
Association/American Stroke Association. Stroke. 2018;49:e46-e110.
---------------------------------------------------------------------------
The applicant also stated that recently, randomized trials have
demonstrated the clinical efficacy of mechanical thrombectomy for large
vessel occlusion strokes for select patients from 6 to 24 hours after
symptom onset.\112\ Among patients with acute stroke who were last
known well 6 to 24 hours earlier and who had a mismatch between
clinical deficit and infarct, outcomes for disability at 90 days were
better with thrombectomy plus standard care compared with standard care
alone.
---------------------------------------------------------------------------
\112\ Albers GW, Marks MP, Kemp S, et al. Thrombectomy for
stroke at 6 to 16 hours with selection by perfusion imaging. N Engl
J Med. 2018;378(8):708-718; Nogueira RG, Jadhav AP, Haussen DC, et
al. Thrombectomy 6 to 24 hours after stroke with a mismatch between
deficit and infarct. N Engl J Med. 2018;378(1):11-21.
---------------------------------------------------------------------------
The applicant asserted that the use of ContaCT reduces time to
treatment, by notifying the stroke team faster than the standard of
care and enabling the team to diagnose and treat the patient earlier,
which is known to improve clinical outcomes in stroke, and that
mechanical thrombectomy has been shown to reduce disability, reduce
length of stay and recovery time (Campbell, BCV et al. 2017).\113\
---------------------------------------------------------------------------
\113\ Campbell BCV, Mitchell PJ, Churilov L, et al. Endovascular
Thrombectomy for Ischemic Stroke Increases Disability-Free Survival,
Quality of Life, and Life Expectancy and Reduces Cost. Front Neurol.
2017;8:657.
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According to the applicant, other studies have also demonstrated
that time to reperfusion is a predictor of patient outcomes. The
applicant asserted that several major randomized controlled trials for
mechanical thrombectomy have demonstrated improvements in functionality
with faster time to reperfusion. The primary outcome of some of these
trials was the modified Rankin scale (mRs) score, a categorical scale
measure of functional outcome, with scores ranging from 0 (no symptoms)
to 6 (death) at 90 days.\114\ Pooled patient-level data from these five
trials demonstrated that in the mechanical thrombectomy group the odds
of better disability outcomes at 90
[[Page 32606]]
days (mRS scale distribution) declined with longer time from symptom
onset to expected arterial puncture. Among the mechanical thrombectomy
plus medical therapy group patients in whom substantial reperfusion was
achieved, delays in reperfusion times were associated with increased
levels of 3-month disability.\115\
---------------------------------------------------------------------------
\114\ Berkhemer OA, Fransen PS, Beumer D, et al. MR CLEAN
Investigators. A randomized trial of intraarterial treatment for
acute ischemic stroke. N Engl J Med. 2015;372:11-20.doi: 10.1056/
NEJMoa1411587; Campbell BCV, Mitchell PJ, Kleinig TJ, et al.
Endovascular therapy for ischemic stroke with perfusion-imaging
selection. N Engl J Med. 2015;372(11):1009-1018; Goyal M, Demchuk
AM, Menon BK, Eesa M, Rempel JL, Thornton J, et al.; ESCAPE Trial
Investigators. Randomized assessment of rapid endovascular treatment
of ischemic stroke. N Engl J Med. 2015;372(11):1019-1030; Jovin TG,
Chamorro A, Cobo E, de Miquel MA, Molina CA, Rovira A, et al.;
REVASCAT Trial Investigators. Thrombectomy within 8 hours after
symptom onset in ischemic stroke. N Engl J Med. 2015;372(24):2296-
2306; Saver JL, Goyal M, Bonafe A, Diener HC, Levy EI, Pereira VM,
et al.; SWIFT PRIME Investigators. Stent-retriever thrombectomy
after intravenous t-PA vs. t-PA alone in stroke. N Engl J Med. 2015
Jun 11;372(24):2285-95.
\115\ Saver JL, Goyal M, van der Lugt A, et al.; HERMES
Collaborators. Time to treatment with endovascular thrombectomy and
outcomes from ischemic stroke: A meta-analysis. JAMA. 2016;316:1279-
1288.
---------------------------------------------------------------------------
The applicant referred to the American Stroke Association/American
Heart Association (ASA/AHA) ``2018 Guidelines for the Early Management
of Patients With Acute Ischemic Stroke,'' which recognize that the
benefit of mechanical thrombectomy is time dependent, with earlier
treatment within the therapeutic window leading to bigger proportional
benefits. The guidelines also state that any cause for delay to
mechanical thrombectomy, including observing for a clinical response
after IV alteplase, should be avoided.\116\
---------------------------------------------------------------------------
\116\ Powers WJ, Rabinstein AA, Ackerson T et al. On behalf of
the American Heart Association Stroke Council. 2018 Guidelines for
the early management of patients with acute ischemic stroke: A
guideline for healthcare professionals from the American Heart
Association/American Stroke Association. Stroke. 2018;49:e46-e110.
---------------------------------------------------------------------------
The applicant asserted that the phrase ``time is brain'' emphasizes
that human nervous tissue is rapidly lost as stroke progresses. Per the
applicant, recent advances in quantitative neurostereology and stroke
neuroimaging permit calculation of just how much brain is lost per unit
time in acute ischemic stroke. To illustrate this point, the applicant
stated that in the event of a large vessel acute ischemic stroke, the
typical patient loses 1.9 million neurons, 13.8 billion synapses, and
12 km (7 miles) or axonal fibers each minute in which stroke is
untreated. Furthermore, for each hour in which treatment fails to
occur, the brain loses as many neurons as it does in almost 3.6 years
of normal aging.\117\ The applicant asserted that given the time-
dependent nature of treatment in acute ischemic stroke patients,
ContaCT could play a critical role in preserving human nervous tissue,
as the application results in faster detection in more than 95% of
cases and saves an average of 51.4 minutes in time to
notification.\118\
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\117\ Saver JL. Time is brain--quantified. Stroke. 2006
Jan;37(1):263-6.
\118\ U.S. Food and Drug Administration (FDA). Center for
Devices and Radiological Health. Evaluation of Automatic Class III
Designation for ContaCT. Decision Memorandum No. 170073 (DEN170073).
2018. Retrieved from: https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN170073.pdf.
---------------------------------------------------------------------------
We have the following concerns regarding whether the technology
meets the substantial clinical improvement criterion. The applicant
provided a total of 19 articles specifically for the purposes of
addressing the substantial clinical improvement criterion: Four
retrospective studies/analyses, nine randomized clinical trials (RCTs),
three meta-analyses, one registry, one guideline, and one systematic
review.
The four retrospective studies/analyses included the FDA decision
memorandum, a single site of a RCT, and two abstracts related to the
Automated Large Artery Occlusion Detection in Stroke Imaging (ALADIN)
study. The applicant stated that the studies sponsored/conducted by the
De Novo requester indicated that ContaCT substantially shortens the
time to notifying the specialist for LVO cases as compared with the
standard of care. However, the sample size was limited to only 85 out
of 300 patients having sufficient data of CTA to notification time
available. To calculate the sensitivity and specificity of ContaCT,
neuro-radiologists reviewed images and established the empirical
evidence. Specifically, the sensitivity and specificity was 87.8% (95%
CI 81.2-92.5%) and 89.6% (83.7-93.9%) respectively. We have concerns
regarding whether this represents a substantial clinical improvement,
as ContaCT missed approximately 12% of images with a true LVO and
incorrectly identified approximately 10% as having a LVO. Additionally,
the small sample size of less than 100 raises concerns for
generalizability. Additionally, we agree with FDA that ContaCT is
limited to analysis of imaging data and should not be used in-lieu of
full patient evaluation or relied upon to make or confirm
diagnosis.\119\
---------------------------------------------------------------------------
\119\ U.S. Food and Drug Administration (FDA). Center for
Devices and Radiological Health. Evaluation of Automatic Class III
Designation for ContaCT. Decision Memorandum No. 170073 (DEN170073).
2018. Retrieved from: https://www.accessdata.fda.gov/cdrh_docs/reviews/DEN170073.pdf.
---------------------------------------------------------------------------
With respect to the study that was a single site of a RCT \120\
presented by the applicant, the study conducted a retrospective review
of the time between an initial CT at an outside hospital and the
notification to the comprehensive stroke center. This retrospective
analysis was conducted at one site, enrolled in one of the RCTs
(unspecified). The authors noted there was substantial difference in
the time between initial CT at the outside hospital to comprehensive
stroke center notification, due to multiple factors, including delays
in neurological assessments, interpretation of imaging, utilization of
advance modality imaging, and determination of tPA effectiveness.
Specifically, the authors noted in their study that obtainment of
advanced imaging contributed to a 57-minute delay in decision making
without substantial benefits in patient outcome. It is unclear whether
and how this time delay and the utilization of faster notification
would affect the clinical outcome of patients.
---------------------------------------------------------------------------
\120\ Sun CH, Nogueira J, Glenn RG, et al. Picture-to-puncture:
A novel time metric to enhance outcomes in patients transferred for
endovascular reperfusion in acute ischemic stroke. Circulation.
2013;127:1139-1148.
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The applicant also submitted two separate abstracts for a
retrospective analysis of the ALADIN study, which only provide interim
results. The applicant noted for the primary analysis, the algorithm
obtained sensitivity of 0.97 and specificity of 0.52, with a positive
predictive value (PPV) of 0.74 and negative predictive NPV of 0.91, and
overall accuracy of 0.78. For the secondary analysis (M2 and proximal
ICA included), the algorithm obtained sensitivity of 0.92 and
specificity of 0.75, with a PPV of 0.92 and NPV of 0.75, and overall
accuracy of 0.88. We are concerned both that these are only partial
results as it is not clear what the full outcome of the ALADIN study
will indicate, and also that the initial overall accuracy of ContaCT
varied by 10% between the types of strokes.
The RCTs included the following: (1) Multicenter Randomized
Clinical Trial of Endovascular Treatment of Acute Ischemic Stroke in
the Netherlands (MR CLEAN), (2) Thrombolysis in Emergency Neurological
Deficits--Intra-Arterial (EXTEND-IA) Trial, (3) The Endovascular
Treatment for Small Core and Anterior Circulation Proximal Occlusion
with Emphasis on Minimizing CT to Recanalization Times (ESCAPE) trial,
(4) Randomized Trial of Revascularization with Solitaire FR Device
versus Best Medical Therapy in the Treatment of Acute Stroke Due to
Anterior Circulation Large Vessel Occlusion Presenting within Eight
Hours of Symptom Onset (REVASCAT), (5) Solitaire with the Intention for
Thrombectomy as Primary Endocascular Treatment (SWIFT PRIME) trial, (6)
Endovascular Therapy Following Imaging Evaluation for Ischemic Stroke,
(7) DWI or CTP Assessment with Clinical Mismatch in the Triage of Wake-
Up and Late Presenting Strokes Undergoing Neurointervention with Trevo
(DAWN) trial, and (8) Interventional Manage of Stroke (IMS) Phase I and
II trials. The MR CLEAN trial, EXTEND-IA trial, ESCAPE trial,
[[Page 32607]]
REVASCAT trial, SWIFT PRIME trial, Endovascular Therapy Following
Imaging Evaluation for Ischemic Stroke trial, and DAWN were all multi-
center prospective RCTs evaluating a treatment group of either a
microcatheter with a thrombolytic agent or mechanical thrombectomy
versus a control group of the standard care. These RCTs were evaluating
the outcomes from specific treatment for patients who suffered from
various strokes and not the time of imaging to treatment. While each
study may have included a time-element as an experimental analysis or
additional end-point, we are unsure how they support the use of ContaCT
as a substantial clinical improvement over existing technologies. Also,
while the IMS trials provided evidence to support a positive clinical
outcome following technically successful angiographic reperfusion using
time from stroke onset to procedure termination, they did not specify
which part of the overall standard of care treatment affected an
increase or decrease of time. The three meta-analyses utilized data
from the RCTs. The Safety and Efficacy of Solitaire Stent Thrombectomy
examined four trials, ESCAPE, REVASCAT, SWIFT PRIME, and EXTEND-IA. The
Highly Effective Reperfusion evaluated in Multiple Endovascular Stroke
Trials (HERMES) collaboration authored two of the three meta-analysis.
The HERMES collaboration examined data and results from five RCTs, MR
CLEAN, ESCAPE, REVASCAT, SWIFT PRIME, and EXTEND-IA. These meta-
analysis studies confirmed the results of each of the individual RCTs
of the benefits of thrombectomy versus the standard of care. However,
we have concerns as to whether these meta-analyses, along with the
RCTs, indicate a substantial clinical improvement with shorter
notification times of a LVO.
Two articles submitted by the applicant evaluated data using the
STRATIS registry. One article \121\ evaluated the use of mechanical
thrombectomy in consecutive patients with acute ischemic stroke because
of LVO in the anterior circulation. The two groups consisted of (1)
patients who presented directly to a comprehensive stroke center and
(2) patients who were transferred to a comprehensive stroke center.
This study identified a difference of 124 minutes between groups, which
was primarily related to longer door-to-tPA times at nonenrolling
hospitals, delay between IV-tPA and departure from the initial
hospital, and length of transport time. The author's primary outcome
was functional status at 90 days, which found those with shorter time
to treatment achieved better functional independence at 90 days. There
was no difference in mortality in the two groups. While this article
supports that shorter time to treatment may increase positive clinical
outcomes for functional status, the study indicated time to departure
from the nonenrolling hospital and transfer time as primary reasons in
delayed thrombectomy treatment. These two time lapses include multiple
covariates; for example, the distance between the facilities and the
response of available transport (for example, ambulance). These
potential confounders raise questions as to the use of ContaCT
shortening time to treatment.
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\121\ Froehler MT, Saver JL, Zaidat 00, et al. Interhospital
transfer before thrombectomy is associated with delayed treatment
and worse outcome in the STRATIS registry. Circulation. 2017;
136(24):2311-2321.
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Lastly, the applicant submitted the AHA/ASA guidelines and a
systematic literature review as support for clinical improvement. We
are concerned the guidelines do not support a finding of substantial
clinical improvement for ContaCT because the guidelines are for current
standard of care. The systematic literature review identified the
quantitative estimates of the pace of neural circuity loss in human
ischemic stroke. While this supports the urgency of stroke care, we are
unsure how it demonstrates a substantial clinical improvement in how
ContaCT supports the urgency of stroke care.
We invite public comment as to whether ContaCT meets the
substantial clinical improvement criterion.
In this section, we summarize and respond to written public
comments received in response to the New Technology Town Hall meeting
notice published in the Federal Register regarding the substantial
clinical improvement criterion for ContaCT.
Comment: Several commenters asserted that the studies conducted to
date specifically demonstrate the important relationship between time
to treatment and improved clinical outcomes in ischemic stroke. The
commenters emphasized the concept of ``time is brain,'' that human
nervous tissue is rapidly lost as stroke progresses and emergent
evaluation and therapy are required. They stated that in patients
experiencing a typical large vessel acute ischemic stroke, 120 million
neurons, 830 billion synapses, and 714 km (447 miles) of myelinated
fibers are lost each hour, and that 1.9 million neurons, 14 billion
synapses, and 12 km (7.5 miles) of myelinated fibers are destroyed
every minute. The commenters noted that, compared with the normal rate
of neuron loss in brain aging, the ischemic brain ages 3.6 years each
hour without treatment. They also re-emphasized the time dependency of
stroke interventions, stating that the sooner the reperfusion therapy
is commenced, the better the outcome. A commenter stated that,
following implementation of ContaCT in May 2019, CTA time at stroke
center (PSC) to time of arrival at comprehensive stroke center (CSC)
was significantly reduced by an average of 66 min. (mean CTA to time of
arrival, 171.29 110.58 min. vs 105.27 62.09
min; p = 0.0163). Another commenter stated that, following
implementation of ContaCT in January 2019, the spoke door-in to groin
puncture at CSC was reduced by 26.0 min (14%) while also reducing the
standard deviation by 25.0 min (38%). (Median CTA to time of groin
puncture, 188.5 65.5 min. vs 162.5 40.5 min).
Commenters stated that although sample sizes are currently too small to
identify meaningful differences in clinical outcomes, the incorporation
of ContaCT was associated with a significant improvement in transfer
times for LVO patients and that given what is known about the
importance of decreasing time to treatment, time savings achieved
should result in better outcomes.
Response: We thank the commenters for their input and will take
this information into consideration when deciding whether to approve
new technology add-on payments for ContaCT.
Comment: The applicant responded to the questions received at the
New Technology Town Hall Meeting held in December 2019.
First, the applicant was asked how the time prior to emergency
department (ED) arrival affects the benefit of reduced time-to-
notification from ContaCT and whether the benefit from the algorithm
would reach a limit such that there would still be loss of brain
function due to delays prior to ED arrival. The applicant responded
that there is a large body of clinical evidence showing that delay in
treatment (thrombectomy) in patients with stroke with large vessel
occlusion leads to poorer outcomes and that time from symptoms to
treatment may be broken down into 3 discrete windows: (1) Initiation of
symptoms to arrival of emergency medical services (EMS), (2) EMS
arrival at the patient's location to transport to an emergency
department, and (3) arrival at an emergency department to start of
treatment (``door to puncture''). They further stated that
interventions to reduce the times in each of these windows
independently can help improve patient outcomes. The
[[Page 32608]]
applicant stated that the ContaCT system is designed to optimize
processes inside the hospital but acknowledged that process changes
that reduce the time interval between EMS arrival and enrolling
hospital arrival may further benefit patients with acute ischemic
stroke, but the opportunity to improve processes outside the hospital
does not reduce or limit the benefit of reducing time to treatment by
improving processes inside the hospital through use of the ContaCT
system.
Second, the applicant was asked how the algorithm driving ContaCT
is maintained. The applicant responded that changes to the algorithm
code are controlled via a software development life-cycle procedure
(SDLC) that is designed to comply with FDA requirements and IEC62304
(Medical device software--Software life cycle processes). The applicant
stated that the procedure includes a regulatory evaluation, performed
according to relevant FDA guidance and that the manufacturer maintains
the performance of the ContaCT device using user feedback where issues
and complaints are logged, tracked and investigated according to the
manufacturer's quality management system (QMS), designed in compliance
with relevant FDA regulations (21 CFR part 820) and inspected on a
quarterly basis during management review. Also, medical annotators
routinely review scans, and an analysis of sensitivity and specificity
(overall and per institution) is reviewed by management during the
quarterly management review. Criteria for acceptance of said
performance are predefined in the QMS.
Third, the applicant was asked if the results for ContaCT are only
generalizable to those centers where mechanical thrombectomy is
performed or whether ContaCT works only in specialized stroke centers.
The applicant stated that the benefits of this parallel workflow are
not limited to tertiary stroke centers and that conclusions from the
STRATIS Registry suggest there is an opportunity to optimize processes
both inside and outside the hospital.
Lastly, the applicant was asked if there is clinical evidence
demonstrating that ContaCT directly improves clinical outcomes. The
applicant acknowledged that there is no data directly evaluating
patient outcomes from ContaCT but stated that there is evidence from
randomized controlled trials and real world studies of reduction in
time from ED presentation to notification for treatment of LVO. The
applicant also noted that there is a large and well-established body of
evidence that reduced time to notification and treatment of LVO
improves patient outcomes in patients with ischemic stroke. Per the
applicant, this body of evidence supports the conclusion that ContaCT
provides substantial clinical improvement over current standard of care
in Medicare beneficiaries with acute ischemic stroke.
Response: We appreciate the applicant's responses to questions
asked at the New Technology Town Hall Meeting. We will take the
responses to our questions into consideration when deciding whether to
approve new technology add-on payments for ContaCT.
d. Supersaturated Oxygen (SSO2) Therapy (DownStream[supreg]
System)
TherOx, Inc. submitted an application for new technology add-on
payments for Supersaturated Oxygen (SSO2) Therapy (the
TherOx DownStream[supreg] System) for FY 2021. We note that the
applicant previously submitted an application for new technology add-on
payments for FY 2019, which was withdrawn prior to the issuance of the
FY 2019 IPPS/LTCH PPS final rule. We also note that the applicant again
submitted an application for new technology add-on payments for FY
2020, but CMS was unable to determine that SSO2 Therapy
represents a substantial clinical improvement over the currently
available therapies used to treat STEMI patients.
Per the applicant, The DownStream[supreg] System is an adjunctive
therapy that creates and delivers superoxygenated arterial blood
directly to reperfused areas of myocardial tissue which may be at risk
after an acute myocardial infarction (AMI), or heart attack. Per FDA,
SSO2 Therapy is indicated for the preparation and delivery
of SuperSaturated Oxygen Therapy (SSO2 Therapy) to targeted
ischemic regions perfused by the patient's left anterior descending
coronary artery immediately following revascularization by means of
percutaneous coronary intervention (PCI) with stenting that has been
completed within 6 hours after the onset of anterior acute myocardial
infarction (AMI) symptoms caused by a left anterior descending artery
infarct lesion. The applicant stated that the net effect of the
SSO2 Therapy is to reduce the size of the infarction and,
therefore, lower the risk of heart failure and mortality, as well as
improve quality of life for STEMI patients.
SSO2 Therapy consists of three main components: the
DownStream[supreg] System; the DownStream cartridge; and the
SSO2 delivery catheter. The DownStream[supreg] System and
cartridge function together to create an oxygen-enriched saline
solution called SSO2 solution from hospital-supplied oxygen
and physiologic saline. A small amount of the patient's blood is then
mixed with the SSO2 solution, producing oxygen-enriched
hyperoxemic blood, which is delivered to the left main coronary artery
(LMCA) via the delivery catheter at a flow rate of 100 ml/min. The
duration of the SSO2 Therapy is 60 minutes and the infusion
is performed in the catheterization laboratory. The oxygen partial
pressure (pO2) of the infusion is elevated to ~1,000 mmHg,
therefore providing oxygen locally to the myocardium at a hyperbaric
level for 1 hour. After the 60-minute SSO2 infusion is
complete, the cartridge is unhooked from the patient and discarded per
standard practice. Coronary angiography is performed as a final step
before removing the delivery catheter and transferring the patient to
the intensive care unit (ICU).
The applicant for the SSO2 Therapy received conditional
premarket approval from FDA on April 2, 2019. FDA noted the applicant
must conduct ``a post-approval study to confirm the safety and
effectiveness of the TherOx DownStream System for use of delivery of
SuperSaturated Oxygen Therapy (SSO2 Therapy) to targeted
ischemic regions of the patient's coronary vasculature in qualifying
anterior acute myocardial infarction (AMI) patients who have undergone
successful percutaneous coronary intervention (PCI) with stenting
within 6 hours of experiencing AMI symptoms.'' \122\ The applicant
stated that use of the SSO2 Therapy can be identified by the
ICD-10-PCS procedure codes 5A0512C (Extracorporeal supersaturated
oxygenation, intermittent) and 5A0522C (Extracorporeal supersaturated
oxygenation, continuous).
---------------------------------------------------------------------------
\122\ https://www.accessdata.fda.gov/cdrh_docs/pdf17/P170027A.pdf.
---------------------------------------------------------------------------
As discussed previously, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would therefore not be considered
``new'' for purposes of new technology add-on payments. We note that in
the FY 2020 IPPS/LTCH PPS final rule (84 FR 42275), we stated that
based on the information submitted by the applicant as part of its FY
2020 new technology add-on payment application for SSO2
Therapy, as discussed in the FY 2020 IPPS/LTCH PPS proposed rule (84 FR
19353), and as summarized in the FY 2020 IPPS/LTCH PPS final rule, we
believe that SSO2 Therapy has a unique mechanism
[[Page 32609]]
of action as it delivers a localized hyperbaric oxygen equivalent to
the coronary arteries immediately after administering the standard-of-
care, PCI with stenting, in order to restart metabolic processes within
the stunned myocardium and reduce infarct size. Therefore, we stated
that we believe SSO2 Therapy is not substantially similar to
existing technologies and meets the newness criterion. We also stated
that we would consider the beginning of the newness period to commence
when SSO2 Therapy was approved by the FDA on April 2, 2019.
We refer the reader to the FY 2020 final rule for the complete
discussion of how SSO2 Therapy meets the newness criterion.
We welcome any additional information or comments in response to this
proposed rule regarding whether SSO2 Therapy is
substantially similar to an existing technology and whether it meets
the newness criterion for purposes of its application for new
technology add-on payments for FY 2021.
With regard to the cost criterion, the applicant conducted the
following analysis to demonstrate that SSO2 Therapy meets
the cost criterion. The applicant searched the FY 2018 MedPAR file for
claims reporting diagnoses of anterior STEMI by ICD-10-CM diagnosis
codes I21.01 (ST elevation (STEMI) myocardial infarction involving left
main coronary artery), I21.02 (ST elevation (STEMI) myocardial
infarction involving left anterior descending coronary artery), or
I21.09 (ST elevation (STEMI) myocardial infarction involving other
coronary artery of anterior wall) as a principal diagnosis, which the
applicant believed would describe potential cases representing
potential patients who may be eligible for treatment involving the
SSO2 Therapy. The applicant identified 9,111 cases mapping
to 4 MS-DRGs, with approximately 95 percent of all potential cases
mapping to MS-DRG 246 (Percutaneous Cardiovascular Procedures with
Drug-Eluting Stent with MCC or 4+ Arteries/Stents) and MS-DRG 247
(Percutaneous Cardiovascular Procedures with Drug-Eluting Stent without
MCC). The remaining 5 percent of potential cases mapped to MS-DRG 248
(Percutaneous Cardiovascular Procedures with Non-Drug-Eluting Stent
with MCC or 4+ Arteries/Stents) and MS-DRG 249 (Percutaneous
Cardiovascular Procedures with Non-Drug-Eluting Stent without MCC).
The applicant determined that the average case-weighted
unstandardized charge per case was $97,049. The applicant then
standardized the charges. The applicant did not remove charges for the
current treatment because, as previously discussed, SSO2
Therapy would be used as an adjunctive treatment option following
successful PCI with stent placement. The applicant then added charges
for the technology, which accounts for the use of 1 cartridge per
patient, to the average charges per case. The applicant did not apply
an inflation factor to the charges for the technology. The applicant
also added charges related to the technology, to account for the
additional supplies used in the administration of SSO2
Therapy, as well as 70 minutes of procedure room time, including
technician labor and additional blood tests. The applicant inflated the
charges related to the technology. In the applicant's analysis, the
inflated average case-weighted standardized charge per case was
$150,115 and the average case-weighted threshold amount was $98,332.
Because the inflated average case-weighted standardized charge per case
exceeds the average case-weighted threshold amount, the applicant
maintained that the technology meets the cost criterion.
We invite public comments on whether the SSO2 Therapy
meets the cost criterion.
With regard to the substantial clinical improvement criterion, the
applicant asserted that SSO2 Therapy represents a
substantial clinical improvement over existing technologies because it
improves clinical outcomes for STEMI patients as compared to the
currently available standard-of-care treatment, PCI with stenting
alone. Specifically, the applicant asserted that: (1) Infarct size
reduction improves mortality outcomes; (2) infarct size reduction
improves heart failure outcomes; (3) SSO2 Therapy
significantly reduces infarct size; (4) SSO2 Therapy
prevents left ventricular dilation; and (5) SSO2 Therapy
reduces death and heart failure at 1 year. The applicant highlighted
the importance of the SSO2 Therapy's mechanism of action,
which treats hypoxemic damage at the microvascular or microcirculatory
level. Specifically, the applicant noted that microvascular impairment
in the myocardium is irreversible and leads to a greater extent of
infarction. According to the applicant, the totality of the data on
myocardial infarct size, ventricular remodeling, and clinical outcomes
strongly supports the substantial clinical benefit of SSO2
Therapy administration over the standard-of-care.
As stated above, TherOx, Inc. submitted an application for new
technology add-on payments for FY 2020 that was denied on the basis of
substantial clinical improvement. In the FY 2020 IPPS/LTCH PPS final
rule (84 FR 42278), we stated that we were not approving new technology
add-on payments for SSO2 Therapy for FY 2020 because, after
consideration of the comments received, we remained concerned that the
current data did not adequately support a sufficient association
between the outcome measures of heart failure, rehospitalization, and
mortality with the use of SSO2 Therapy specifically to
determine that the technology represents a substantial clinical
improvement over existing available options. The applicant resubmitted
its application for new technology add-on payments for FY 2021 with new
information that, per the applicant, demonstrates that there is an
unmet medical need for STEMI, and that SSO2 Therapy provides
a treatment option for a patient population unresponsive to currently
available treatments. Below we summarize the studies the applicant
submitted with both its FY 2020 and FY 2021 applications, followed by
the new information the applicant submitted with its FY 2021
application to support that the technology is represents a substantial
clinical improvement.
In the FY 2020 application, as summarized in the FY 2020 IPPS/LTCH
PPS final rule (84 FR 42275), and the FY 2021 application, the
applicant cited an analysis of the Collaborative Organization for
RheothRx Evaluation (CORE) trial and a pooled patient-level analysis to
support the claims that infarct size reduction improves mortality and
heart failure outcomes.
The CORE trial was a prospective, randomized, double-
blinded, placebo-controlled trial of Poloxamer 188, a novel therapy
adjunctive to thrombolysis at the time the study was conducted.\123\
The applicant sought to relate left ventricular ejection fraction (EF),
end-systolic volume index (ESVI) and infarct size (IS), as measured in
a single, randomized trial, to 6-month mortality after myocardial
infarction treated with thrombolysis. According to the applicant,
subsets of clinical centers participating in CORE also participated in
one or two radionuclide sub-studies: (1) Angiography for measurement of
EF and absolute, count-based LV volumes; and (2) single-photon emission
computed tomographic sestamibi measurements of IS. These sub-studies
were performed in 1,194 and 1,181 patients, respectively, of the 2,948
[[Page 32610]]
patients enrolled in the trial. Furthermore, ejection fraction, ESVI,
and IS, as measured by central laboratories in these sub-studies, were
tested for their association with 6-month mortality. According to the
applicant, the results of the study showed that ejection fraction
(n=1,137; p=0.0001), ESVI (n=945; p=0.055) and IS (n=1,164; p=0.03)
were all associated with 6-month mortality, therefore, demonstrating
the relationship between these endpoints and mortality.\124\
---------------------------------------------------------------------------
\123\ Burns, R.J., Gibbons, R.J., Yi, Q., et al., ``The
relationships of left ventricular ejection fraction, end-systolic
volume index and infarct size to six-month mortality after hospital
discharge following myocardial infarction treated by thrombolysis,''
J Am Coll Cardiol, 2002, vol. 39, pp. 30-6.
\124\ Ibid.
---------------------------------------------------------------------------
The pooled patient-level analysis was performed from 10
randomized, controlled trials (with a total of 2,632 patients) that
used primary PCI with stenting.\125\ The analysis assessed infarct size
within 1 month after randomization by either cardiac magnetic resonance
(CMR) imaging or technetium-99m sestamibi single-photon emission
computed tomography (SPECT), with clinical follow-up for 6 months.
Infarct size was assessed by CMR in 1,889 patients (71.8 percent of
patients) and by SPECT in 743 patients (28.2 percent of patients)
including both inferior wall and more severe anterior wall STEMI
patients. According to the applicant, median infarct size (or percent
of left ventricular myocardial mass) was 17.9 percent and median
duration of clinical follow-up was 352 days. The Kaplan-Meier estimated
1-year rates of all-cause mortality, re-infarction, and HF
hospitalization were 2.2 percent, 2.5 percent, and 2.6 percent,
respectively. The applicant noted that a strong graded response was
present between infarct size (per 5 percent increase) and the 2 outcome
measures of subsequent mortality (Cox-adjusted hazard ratio: 1.19 [95
percent confidence interval: 1.18 to 1.20]; p<0.0001) and
hospitalization for heart failure (adjusted hazard ratio: 1.20 [95
percent confidence interval: 1.19 to 1.21]; p<0.0001), independent of
other baseline factors.\126\ The applicant concluded from this study
that infarct size, as measured by CMR or technetium-99m sestamibi SPECT
within 1 month after primary PCI, is strongly associated with all-cause
mortality and hospitalization for heart failure within 1 year.
---------------------------------------------------------------------------
\125\ Stone, G.W., Selker, H.P., Thiele, H., et al.,
``Relationship between infarct size and outcomes following primary
PCI,'' J Am Coll Cardiol, 2016, vol. 67(14), pp. 1674-83.
\126\ Ibid.
---------------------------------------------------------------------------
In the FY 2020 application, the applicant also cited the AMIHOT I
and II studies to support the claim that SSO2 Therapy
significantly reduces infarct size.
The AMIHOT I clinical trial was designed as a prospective,
randomized evaluation of patients who had been diagnosed with AMI,
including both anterior and inferior patients, and received treatment
with either PCI with stenting alone or with SSO2 Therapy as
an adjunct to successful PCI within 24 hours of symptom onset.\127\ The
study included 269 randomized patients and 3 co-primary endpoints:
Infarction size reduction, regional wall motion score improvement at 3
months, and reduction in ST segment elevation. The study was designed
to demonstrate superiority of the SSO2 Therapy group as
compared to the control group for each of these endpoints, as well as
to demonstrate non-inferiority of the SSO2 Therapy group
with respect to 30-day Major Adverse Cardiac Event (MACE). The
applicant stated that results for the control versus SSO2
Therapy group comparisons for the three co-primary effectiveness
endpoints demonstrated a nominal improvement in the test group,
although this nominal improvement did not achieve clinical and
statistical significance in the entire population. The applicant
further stated that a pre-specified analysis of the SSO2
Therapy patients who were revascularized within 6 hours of AMI symptom
onset and who had anterior wall infarction showed a marked improvement
in all 3 co-primary endpoints as compared to the control group.\128\
Key safety data revealed no statistically significant differences in
the composite primary endpoint of 1-month (30 days) MACE rates between
the SSO2 Therapy and control groups. MACE includes the
combined incidence of death, re-infarction, target vessel
revascularization, and stroke. In total, 9/134 (6.7 percent) of the
patients in the SSO2 Therapy group and 7/135 (5.2 percent)
of the patients in the control group experienced 30-day MACE
(p=0.62).\129\
---------------------------------------------------------------------------
\127\ O'Neill, W.W., Martin, J.L., Dixon, S.R., et al., ``Acute
Myocardial Infarction with Hyperoxemic Therapy (AMIHOT), J Am Coll
Cardiol, 2007, vol. 50(5), pp. 397-405.
\128\ Ibid.
\129\ Ibid.
---------------------------------------------------------------------------
The AMIHOT II trial randomized 301 patients who had been
diagnosed with and receiving treatment for anterior AMI with either PCI
plus the SSO2 Therapy or PCI alone.\130\ The AMIHOT II trial
had a Bayesian statistical design that allows for the informed
borrowing of data from the previously completed AMIHOT I trial. The
primary efficacy endpoint of the study required proving superiority of
the infarct size reduction, as assessed by Tc-99m Sestamibi SPECT
imaging at 14 days post PCI/stenting, with the use of SSO2
Therapy as compared to patients who were receiving treatment involving
PCI with stenting alone. The primary safety endpoint for the AMIHOT II
trial required a determination of non-inferiority in the 30-day MACE
rate, comparing the SSO2 Therapy group with the control
group, within a safety delta of 6.0 percent.\131\ Endpoint evaluation
was performed using a Bayesian hierarchical model that evaluated the
AMIHOT II result conditionally in consideration of the AMIHOT I 30-day
MACE data. According to the applicant, the results of the AMIHOT II
trial showed that the use of SSO2 therapy, together with PCI
and stenting, demonstrated a relative reduction of 26 percent in the
left ventricular infarct size and absolute reduction of 6.5 percent
compared to PCI and stenting alone.\132\
---------------------------------------------------------------------------
\130\ Stone, G.W., Martin, J.L., de Boer, M.J., et al., ``Effect
of Supersaturated Oxygen Delivery on Infarct Size after Percutaneous
Coronary Intervention in Acute Myocardial Infarction,'' Circ
Cardiovasc Intervent, 2009, vol. 2, pp. 366-75.
\131\ Ibid.
\132\ Ibid.
---------------------------------------------------------------------------
Next, to support the claim that SSO2 Therapy prevents
left ventricular dilation, the applicant cited the Leiden study, which
represents a single-center, sub-study of AMIHOT I patients treated at
Leiden University in the Netherlands. The study describes outcomes of
randomized selective treatment with intracoronary aqueous oxygen (AO),
the therapy delivered by SSO2 Therapy, versus standard care
in patients who had acute anterior wall myocardial infarction within 6
hours of onset. Of the 50 patients in the sub-study, 24 received
treatment using adjunctive AO and 26 were treated according to standard
care after PCI, with no significant differences in baseline
characteristics between groups. LV volumes and function were assessed
by contrast echocardiography at baseline and 1 month. According to the
applicant, the results demonstrated that treatment with aqueous oxygen
prevents LV remodeling, showing a reduction in LV volumes (3 percent
decrease in LV end-diastolic volume and 11 percent decrease in LV end-
systolic volume) at 1 month as compared to baseline in AO-treated
patients, as compared to increasing LV volumes (14 percent increase in
LV end diastolic volume and 18 percent increase in LV end-systolic
volume) at 1 month in control patients.\133\ The results also show that
[[Page 32611]]
treatment using AO preserves LV ejection fraction at 1 month, with AO-
treated patients experiencing a 10 percent increase in LV ejection
fraction as compared to a 2 percent decrease in LV ejection fraction
among patients in the control group.\134\
---------------------------------------------------------------------------
\133\ Warda, H.M., Bax, J.J., Bosch, J.G., et al., ``Effect of
intracoronary aqueous oxygen on left ventricular remodeling after
anterior wall ST-elevation acute myocardial infarction,'' Am J
Cardiol, 2005, vol. 96(1), pp. 22-4.
\134\ Ibid.
---------------------------------------------------------------------------
Finally, to support the claim that SSO2 Therapy reduces
death and heart failure at 1 year, the applicant submitted the results
from the IC- HOT clinical trial, which was designed to confirm the
safety and efficacy of the use of the SSO2 Therapy in those
individuals presenting with a diagnosis of anterior AMI, who have
undergone successful PCI with stenting of the proximal and/or mid left
anterior descending artery within 6 hours of experiencing AMI symptoms.
It is an IDE, nonrandomized, single arm study. The study primarily
focused on safety, utilizing a composite endpoint of 30-day Net Adverse
Clinical Events (NACE). A maximum observed event rate of 10.7 percent
was established based on a contemporary PCI trial of comparable
patients who had been diagnosed with anterior wall STEMI. The results
of the IC-HOT trial exhibited a 7.1 percent observed NACE rate, meeting
the study endpoint. Notably, no 30-day mortalities were observed, and
the type and frequency of 30-day adverse events occurred at similar or
lower rates than in contemporary STEMI studies of PCI-treated patients
who had been diagnosed with anterior AMI.\135\ Furthermore, according
to the applicant, the results of the IC-HOT study supported the
conclusions of effectiveness established in AMIHOT II with a measured
30-day median infarct size = 19.4 percent (as compared to the AMIHOT II
SSO2 Therapy group infarct size = 20.0 percent).\136\ The
applicant stated that notable measures include 4-day microvascular
obstruction (MVO), which has been shown to be an independent predictor
of outcomes, 4-day and 30-day left ventricular end diastolic and end
systolic volumes, and 30-day infarct size.\137\ The applicant also
stated that the IC-HOT study results exhibited a favorable MVO as
compared to contemporary trial data, and decreasing left ventricular
volumes at 30 days, compared to contemporary PCI populations that
exhibit increasing left ventricular size.\138\ The applicant asserted
that the IC-HOT clinical trial data continue to demonstrate the
substantial clinical benefit of the use of SSO2 Therapy as
compared to the standard-of-care, PCI with stenting alone.
---------------------------------------------------------------------------
\135\ David, SW, Khan, Z.A., Patel, N.C., et al., ``Evaluation
of intracoronary hyperoxemic oxygen therapy in acute anterior
myocardial infarction: The IC-HOT study,'' Catheter Cardiovasc
Interv, 2018, pp. 1-9.
\136\ Ibid.
\137\ Ibid.
\138\ Ibid.
---------------------------------------------------------------------------
The applicant also performed controlled studies in both porcine and
canine AMI models to determine the safety, effectiveness, and mechanism
of action of the SSO2 Therapy.139 140 According
to the applicant, the key summary points from these animal studies are:
---------------------------------------------------------------------------
\139\ Spears, J.R., Henney, C., Prcevski, P., et al., ``Aqueous
Oxygen Hyperbaric Reperfusion in a Porcine Model of Myocardial
Infarction,'' J Invasive Cardiol, 2002, vol. 14(4), pp. 160-6.
\140\ Spears, J.R., Prcevski, P., Xu, R., et al., ``Aqueous
Oxygen Attenuation of Reperfusion Microvascular Ischemia in a Canine
Model of Myocardial Infarction,'' ASAIO J, 2003, vol. 49(6), pp.
716-20.
---------------------------------------------------------------------------
SSO2 Therapy administration post-AMI acutely
improves heart function as measured by left ventricular ejection
fraction (LVEF) and regional wall motion as compared with non-treated
control subjects.
SSO2 Therapy administration post-AMI results in
tissue salvage, as determined by post-sacrifice histological
measurements of the infarct size. Control animals exhibit larger
infarcts than the SSO2-treated animals.
SSO2 Therapy has been shown to be non-toxic to
the coronary arteries, myocardium, and end organs in randomized,
controlled swine studies with or without induced acute myocardial
infarction.
SSO2 Therapy administration post-AMI has
exhibited regional myocardial blood flow improvement in treated animals
as compared to controls.
A significant reduction in myeloperoxidase (MPO) levels in
the SSO2-treated animals versus controls, which indicate
improvement in underlying myocardial hypoxia.
Transmission electron microscopy (TEM) photographs showing
amelioration of endothelial cell edema and restoration of capillary
patency in ischemic zone cross-sectional histological examination of
the SSO2- treated animals, while non-treated controls
exhibit significant edema and vessel constriction at the microvascular
level.
In the FY 2020 final rule (84 FR 42278), after consideration of all
the information from the applicant, as well as the public comments we
received, we stated that we were unable to determine that
SSO2 Therapy represented a substantial clinical improvement
over the currently available therapies used to treat STEMI patients. We
stated that we remained concerned that the current data does not
adequately support a sufficient association between the outcome
measures of heart failure, rehospitalization, and mortality with the
use of SSO2 Therapy specifically to determine that the
technology represented a substantial clinical improvement over existing
available options. Therefore, we did not approve new technology add-on
payments for SSO2 Therapy for FY 2020.
For FY 2021, the applicant submitted new information that,
according to the applicant, demonstrates that there is an unmet medical
need for STEMI, and that SSO2 Therapy provides a treatment
option for a patient population unresponsive to currently available
treatments. The applicant presented this information in the context of
CMS's concerns as identified in the FY 2020 IPPS/LTCH PPS proposed and
final rules, specifically that (1) it is unclear whether use of the
SSO2 Therapy would demonstrate the same clinical improvement
as compared to the current standard of care; (2) that the current data
does not adequately support a sufficient association between the
outcome measures of heart failure, rehospitalization, and mortality
with the use of SSO2 Therapy, and (3) that SSO2
may not provide long-term clinical benefits in patients with AMI. Below
we summarize this information, which the applicant believes addresses
these concerns.
With regard to CMS's concern that it is unclear whether use of
SSO2 Therapy would demonstrate the same clinical improvement
as compared to the current standard-of care, the applicant restated our
concern as whether ``these data [AMIHOT I and AMIHOT II are] adequate
to show the relevant outcomes in the control (standard of care
percutaneous coronary intervention (PCI)''. In response to this
concern, the applicant asserted that patient outcomes post-PCI have
remained relatively stable over the past 10 years and there is a strong
clinical need for new therapies like SSO2 in addition to PCI
in the management of patients with anterior STEMI to reduce the risk
and severity of heart failure and death. To support its assertion of an
unmet clinical need for anterior wall STEMI treatment, the applicant
presented data from multiple references to illustrate the following:
A plateauing in STEMI 1-year mortality rates at 10 percent
with the advent of drug-eluting stents, according to reports from the
SWEDEHEART registry. This statistic is in agreement with the 9% 1year
STEMI mortality rate
[[Page 32612]]
following PCI reported in a 2015 paper by Bullock et al.\141\
---------------------------------------------------------------------------
\141\ Bulluck H, Yellon DM, and Hausenloy DJ. Reducing
myocardial infarct size: Challenges and future opportunities. Heart
2016;102:341-48.
---------------------------------------------------------------------------
No improvement in U.S. in-hospital post-PCI STEMI
mortality rates between 2001 and 2011 based on work done by Sugiyama et
al.\142\
---------------------------------------------------------------------------
\142\ Sugiyama T, Hasegawa K, Kobayashi Y, Takahashi O, Fukui T,
Tsugawa Y. Differential time trends of outcomes and costs of care
for acute myocardial infarction hospitalizations by ST elevation and
type of intervention in the United States, 2001-2011. J AmHeart
Assoc. 2015;4:e001445. doi:10.1161/JAHA.114.001445
---------------------------------------------------------------------------
No decrease in one-year mortality risk as illustrated by
Kalesan et al.,\143\ a meta-analysis of 15 clinical trials totaling
7,867 patients that compared outcomes data for STEMI patients treated
with bare metal stents versus drug eluting stents.\144\
---------------------------------------------------------------------------
\143\ Kalesan B, Pilgrim T, Heinimann K, et al. Comparison of
drug-eluting stents with bare metal stents in patients with ST-
segment elevation myocardial infarction. Eur Heart J 2012;33:977-87.
\144\ Id.
---------------------------------------------------------------------------
A markedly higher one-year mortality rate at 19.4% for the
Medicare population as compared to the total population of PCI-treated
anterior wall STEMI patients, according to the most recent Medicare
Standard Analytic File (SAF) data (2017).
No improvement in congestive heart failure (CHF) rates
after STEMI treated pPCI; the applicant referenced Szummer et al.'s
\145\ work which indicated 1 year post primary PCI CHF rates of 10
percent as well as a statistical analysis of CHF readmission outcomes
that showed heart failure rates for this patient population have
remained stable at 9 to 10 percent from 2012 to 2017.
---------------------------------------------------------------------------
\145\ Szummer K, Wallentin L, Lindhagen L, et al. Improved
outcomes in patients with ST-elevation myocardial infarction during
the last 20 years are related to implementation of evidence-based
treatments: Experiences from the SWEDEHEART registry 1995-2014. Eur
Heart J 2017;38:3056-65.
---------------------------------------------------------------------------
A decrease in 30-day STEMI re-hospitalizations due to the
evolution of PCI therapy; the applicant cited the work of Kim et
al.,\146\ noting the readmission rates trended slightly downward from
approximately 12 percent in 2010 to 10 percent in 2014. According to
the applicant, these data illustrate that PCI treats macrovascular
aspects of STEMI events, but does not address the underlying infarct
damage, which is highly correlated with worse long-term outcomes.
---------------------------------------------------------------------------
\146\ Kim LK, Yeo I, Cheung, JW, et al. Thirty-Day Readmission
Rates, Timing, Causes, and Costs after ST-Segment Myocardial
Infarction in the United States: A National Readmission Database
Analysis 2010-2014. J Am Heart Assoc 2018;7(18):1-34.
---------------------------------------------------------------------------
The applicant reiterated statements from its prior application
that, in order to reduce outcomes like mortality and heart failure in
the STEMI population, therapies must be available above and beyond PCI
to reduce the size of the infarct that results from a STEMI event. Per
the applicant, the benefits shown in the AMIHOT I 6-hour sub-study,
AMIHOT II and IC-HOT studies show statistically significant and
clinically meaningful improvements in infarct size, left ventricular
size and function, and long term outcomes that support the claim that
SSO2 offers a substantial clinical improvement over PCI by
filling an important gap in therapy with PCI, and specifically the need
to reduce infarct size beyond simply opening occluded large vessels
alone.
With regard to CMS's second concern that the current data does not
adequately support a sufficient association between the outcome
measures of heart failure, rehospitalization, and mortality with the
use of SSO2 Therapy, the applicant restated our concern as
``the importance of the reduction of infarct size as an outcome for
patients with anterior STEMI.'' The applicant provided multiple animal
and human studies to illustrate how TherOx SSO2 potentially
impacts outcome measures of heart failure, rehospitalization and
mortality. Regarding animal studies, the applicant cited the porcine
and canine study by Spears et al. and summarized above to illustrate
how aqueous oxygen hyperoxemic perfusion attenuates microvascular
ischemia.147 148 Regarding human studies, the applicant
cited a 2004 review by Gibbons et al. to support its assertion that the
best physical measure of the consequences of AMI in post-intervention
patients is the quantification of the extent of necrosis or infarction
in the muscle. In this 2004 review article, Gibbons et al. sought to
summarize published evidence for quantification of infarct size using
data from studies that assessed biomarkers, cardiac SPECT sestamibi and
magnetic resonance imaging.\149\ Regarding the use of cardiac SPECT
sestamibi imaging, Gibbons et al. found five separate lines of clinical
evidence that validated the use of SPECT sestamibi imaging for
determining infarct size.\150\ The applicant also referenced the CORE
trial that it submitted with its original application and which we
summarize above. Per the applicant, a substudy of CORE trial data by
Burns et al. demonstrated that an absolute infarct size reduction of 3
percent was associated with a mortality benefit.\151\ Specifically, the
trial showed that six-month mortality was significantly related to
infarct size. Per the applicant, among the 753 patients who underwent
ejection fraction measurements, the odds ratio for infarct size for
six-month mortality was 1.033--that is, for each 1 percent increase in
infarct size, mortality in the next 6 months was 1.033 times more
likely. A 5 percent increase in infarct size would therefore mean that
6-month mortality was 1.176 times more likely. A patient with an
infarct size that was greater by 5 percent of the left ventricle would
therefore have a 17.6 percent greater chance of dying within the next 6
months.\152\
---------------------------------------------------------------------------
\147\ Spears JR, Henney C, Prcevski P, et al. Aqueous Oxygen
Hyperbaric Reperfusion in a Porcine Model of Myocardial Infarction.
J Invasive Cardiol 2002; 14(4):160-6.
\148\ Spears JR, Prcevski P, Xu R, et al. Aqueous Oxygen
Attenuation of Reperfusion Microvascular Ischemia in a Canine Model
of Myocardial Infarction. ASAIO J 2003; 49(6):716-20.
\149\ Gibbons RJ, Valeti US, Araoz PA, et al. The quantification
of infarct size. J Am Coll Cardiol 2004; 44:1533-42.
\150\ Id.
\151\ Burns RJ, Gibbons RJ, Yi Q, et al. The relationships of
left ventricular ejection fraction, end-systolic volume index and
infarct size to six-month mortality after hospital discharge
following myocardial infarction treated by thrombolysis. J Am Coll
Cardiol 2002; 39:30-6.
\152\ Id.
---------------------------------------------------------------------------
The applicant further noted the CORE trial and associated studies
were conducted when thrombolytic therapy was the standard of care for
coronary artery reperfusion. The transition to PCI led directly to a
measured absolute infarct size reduction of 5.1 percent in STEMI
patients treated with PCI as compared to thrombolytic therapy, which
correlated to a significant decrease in cardiovascular events. The
applicant asserted that the infarct size reduction demonstrated with
PCI compared to thrombolytic therapy helped establish PCI as the
preferred standard of care, and that the results demonstrating the
importance of infarct size reduction hold true in randomized PCI trials
of STEMI patients, with infarct size evaluated by either Tc-99
sestabmibi SPECT imaging or cardiac MRI. The applicant referred to the
substudy of CORE trial data by Burns et al., which found that, among
the three clinical prognostic outcomes studied, ejection fraction (EF)
was superior to infarct size (IS) and end-systolic volume index (ESVI)
in predicting 6-month mortality.\153\ The authors also noted that all
three radionuclide measures were significantly associated with each
other, and that the strongest correlation was between ESVI and EF. The
study noted that infarct size was significantly correlated with both EF
and ESVI despite being determined from a different radionuclide
measurement,
[[Page 32613]]
and that infarct location was not found to be significant.\154\
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\153\ Id.
\154\ Id.
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The applicant also provided a study by Stone et al.\155\ to address
our concern that the current data does not adequately support a
sufficient association between the outcome measures of heart failure,
rehospitalization, and mortality with the use of SSO2
Therapy. The applicant provided Stone et al.'s recent analysis of 10
pooled randomized trials involving 2,632 subjects, including some
subjects from the AMIHOT II trial. Stone et al. set out to determine
the strength of the relationship between infarct size assessed within 1
month after pPCI in STEMI and subsequent all-cause mortality,
reinfarction and hospitalization for heart failure.\156\ Infarct size
was assessed using cardiac SPECT sestamibi or cardiac magnetic
resonance and clinical follow-up data greater than or equal to 6
months. The authors found infarct size reduction measured by either
imaging method within 1 month correlated strongly with reduced
mortality and heart failure hospitalization at 1 year. The applicant
asserted that the results demonstrated that every 5 percent absolute
increase in left ventricular infarct size was associated with a 19
percent increase in 1-year mortality, correlating well with the 17.6
percent estimate established from earlier data and underscoring the
important, independent relationship between infarct size and mortality
regardless of the treatment modality. The applicant asserted that the
published analysis also demonstrated that infarct size measured within
1 month after pPCI for STEMI using either imaging method is a powerful
independent predictor of hospitalization for heart failure at 1 year.
The applicant reiterated that overall, a 5 percent absolute infarct
size increase was associated with a 20 percent increase in either death
or heart failure at 1 year. The applicant explained that because
infarct size is the quantification of the extent of scarring of the
left ventricle post-AMI, it is a direct measure of the health of the
myocardium and indirectly of the heart's structure and function. A
large infarct means the muscle cannot contract normally, leading to
left ventricular enlargement, reduced ejection fraction, clinical heart
failure, and death. Per the applicant, the Kaplan-Meier curves for the
rates of heart failure at 12 months as a function of infarct size also
show that a 5 percent increase in left ventricle infarct size
corresponded to a 50-100 percent increase in the risk of heart failure
at 12 months for the most severe infarcts. The applicant concluded that
reducing infarct size 5 or more percentage points provides a clear and
dramatic clinical benefit for patients as demonstrated by a wealth of
trial data. Significantly, the applicant noted that even as treatment
of the primary occlusion improved, the relationship between infarct
size and mortality and heart failure persisted and remained present
throughout the study data.
---------------------------------------------------------------------------
\155\ Stone GW, Selker, HP, Thiele H, et al. Relationship
between infarct size and outcomes following primary PCI. JACC
2016;67(14):1674-83.
\156\ Id.
---------------------------------------------------------------------------
Finally, with regard to CMS's third concern that SSO2
may not provide long-term clinical benefits in patients with AMI, the
applicant again referred to the 1-year outcomes data collected from
patients in the IC-HOT trial and which were compared to a control
population from the INFUSE AMI study after propensity-matching. The
applicant asserted that STEMI patients treated with SSO2
Therapy showed statistically significant and clinically meaningful
improvements in several critically important outcomes for patients with
anterior STEMI at 1 year, such as--
Death;
New onset of heart failure and readmission for heart
failure;
Composite rate of death and new onset of heart failure;
Composite rate of death, new onset of heart failure or
readmission for heart failure, or clinically-driven target vessel
revascularization;
Composite of death, reinfarction/spontaneous MI,
clinically driven target vessel revascularization or new onset heart
failure or readmission for heart failure.
The applicant concluded that, taken together, there is abundant
evidence to support the claim that SSO2 Therapy represents a
substantial clinical improvement over PCI alone in the management of
patients with anterior STEMI. Per the applicant, there remains a strong
unmet need for new therapies like SSO2 in addition to PCI in
the management of patients with anterior STEMI to reduce the risk and
severity of heart failure and death. The applicant maintained that the
timely delivery of supersaturated oxygen therapy improves microvascular
and tissue level flow, reduces infarct size, facilitates recovery of
left ventricular function and preserves left ventricular stability, and
improves patient outcomes, most notably lowering mortality and heart
failure rates at 1 year post-procedure.
We thank the applicant for the additional information to address
the concerns discussed in the FY 2020 IPPS/LTCH PPS final rule. We
appreciate how this information, and specifically the seven studies
referenced in response to the applicant's restatement of our first
concern, illustrates a potential unmet medical need. However, we are
concerned that the AMIHOT I and AMIHOT II data may not adequately
demonstrate the relevant outcomes in the control (standard of care PCI)
because the standard of care has evolved since the two trials were
performed. Additionally, we are concerned that the results presented in
these seven studies may be based on patients with all types of STEMI
and are not specific to the FDA-approved indicated use of
SSO2 Therapy for the treatment of anterior STEMI.
Ultimately, we remain concerned that the current data does not support
a sufficient association between the outcome measures of heart failure,
rehospitalization, and mortality with the use of SSO2
Therapy specifically to determine that the technology represents a
substantial clinical improvement over existing available options.
Therefore, we are inviting public comment on whether SSO2
meets the substantial clinical improvement criterion.
We are inviting public comments on whether the SSO2
Therapy meets the substantial clinical improvement criterion.
In this section we summarize and respond to written public comments
we received in response to the New Technology Town Hall meeting notice
published in the Federal Register regarding the substantial clinical
improvement criterion for SSO2 Therapy.
Comment: Several commenters were supportive of the new technology
add-on payment application for SSO2 Therapy. These comments
were primarily in response to CMS's previous concerns about whether
SSO2 Therapy satisfied the substantial clinical improvement
criterion. The commenters noted that there is still an unmet need for
additional therapies for large anterior STEMIs in patients over the age
of 65 years. A commenter emphasized that the evolution in STEMI care
since the advent of stenting was in the improvement of stent materials
and the organization of medical care, including reducing time from
symptom onset to first medical contact, door to balloon time, total
ischemic time, and improving antithrombotic therapy, but that these
efforts all occur before the therapeutic intervention, which has
remained unchanged since the advent of drug-eluting stents. Another
commenter
[[Page 32614]]
noted that improvements in short-term mortality in STEMI are largely
due to the adoption of reperfusion therapy, and in particular
percutaneous coronary angioplasty (PCI) with stenting. The commenter
asserted that while more widespread adoption of this standard of care
has been vital in reducing hospital readmission rates, the mortality
and incidence of heart failure for STEMI patients treated with PCI have
not improved since the AMIHOT II study was conducted. The commenter
concluded that there remains a significant unmet need for additional
therapies to address reperfusion injury, microvascular damage, and
infarct size, especially in the case of large anterior STEMIs in
patients over the age of 65 years, where current data show that
patients treated with PCI demonstrate a 1-year mortality of nearly 20
percent and an incidence of heart failure over 10 percent.
Another commenter asserted that SSO2 was shown to be
safe and effective and did not increase the already known early
complications associated with an acute myocardial infarction combined
with acute coronary intervention. The commenters supported the
applicant's assertion that SSO2 Therapy reduced infarct
size, which is a surrogate for improved clinical outcomes. A commenter
noted that the 6.5 percent reduction in infarct size achieved with
SSO2 Therapy in AMIHOT trials has major clinical relevance
and is further confirmed by the results of the IC-HOT study, where
SSO2 therapy was associated with superior one-year clinical
outcomes compared with the current standard of care with PCI alone.
This commenter noted that IC-HOT patients also demonstrated favorable
effects on ventricular remodeling consistent with findings in the
AMIHOT trials, and also demonstrated favorable effects for
microvascular obstruction, which the commenter asserted is an
additional independent predictor of outcomes. This commenter referenced
the meta-analysis by Stone et al. that showed reducing infarction size
led to reduced mortality, improved long-term clinical outcomes,
improved quality of life, and reduced heart failure and related medical
expenses.\157\
---------------------------------------------------------------------------
\157\ Stone GW, Selker, HP, Thiele H, et al. Relationship
between infarct size and outcomes following primary PCI. JACC
2016;67(14):1674-83.
---------------------------------------------------------------------------
Response: We appreciate the information provided by the commenters.
We will take these comments into consideration when deciding whether to
approve new technology add-on payments for SSO2 Therapy for
FY 2021.
e. EluviaTM Drug-Eluting Vascular Stent System (Eluvia)
Boston Scientific submitted an application for new technology add-
on payments for the EluviaTM Drug-Eluting Vascular Stent
System for FY 2021. EluviaTM, a drug-eluting stent for the
treatment of lesions in the femoropopliteal arteries, received FDA
premarket approval (PMA) September 18, 2018. The applicant asserts that
EluviaTM was first commercially available on the market on
October 4, 2018 and the first procedure with EluviaTM
following FDA approval in the U.S. occurred on October 5, 2018. We note
that the applicant submitted an application for new technology add-on
payments for FY 2020. In the FY 2020 IPPS/LTCH PPS final rule (84 FR
42231), we stated that we remain concerned that we do not have enough
information to determine that the EluviaTM device represents
a substantial clinical improvement over existing technologies.
Therefore, we did not approve the EluviaTM device for FY
2020 new technology add-on payments. We refer the reader to the FY 2020
IPPS/LTCH PPS final rule (84 FR 42220 through 42231) for a complete
discussion regarding the EluviaTM device's FY 2020 new
technology application.
According to the applicant, the EluviaTM system is a
sustained release drug-eluting stent indicated for the treatment of
lesions in the femoropopliteal arteries and is designed to restore
blood flow in the peripheral arteries above the knee--specifically the
superficial femoral artery (SFA) and proximal popliteal artery (PPA).
The applicant asserts that this device/drug combination product for
endovascular treatment of peripheral artery disease (PAD) utilizes a
polymer that carries and protects the drug before and during the
procedure and ensures that the drug is released into the tissue in a
controlled, sustained manner to prevent the restenosis of the vessel.
The applicant further asserts that EluviaTM system's stent
platform is purpose-built to address the mechanical challenges of the
SFA with an optimal amount of strength, flexibility and fracture
resistance. According to the applicant, EluviaTM's polymer-
based drug delivery system is uniquely designed to sustain the release
of paclitaxel beyond 1year to match the restenotic process in the SFA.
The EluviaTM system is indicated for improving luminal
diameter in the treatment of symptomatic de-novo or restenotic lesions
in the native SFA and/or PPA with reference vessel diameters (RVD)
ranging from 4.0 to 6.0 mm and total lesion lengths up to 190mm,
according to the applicant.
The applicant asserts that the EluviaTM system is
comprised of the implantable endoprosthesis and the stent delivery
system. The stent is a laser cut self-expanding stent composed of a
nickel titanium alloy (nitinol). On both the proximal and distal ends
of the stent, radiopaque markers made of tantalum increase visibility
of the stent to aid in placement. The triaxial designed delivery system
consists of an outer shaft to stabilize the stent delivery system, a
middle shaft to protect and constrain the stent, and an inner shaft to
provide a guidewire lumen. The delivery system is compatible with 0.035
in (0.89 mm) guidewires. The EluviaTM stent is available in
a variety of diameters and lengths. The delivery system is offered in
two working lengths including 75 and 130 cm.
Peripheral artery disease (PAD) is a circulatory problem in which
narrowed arteries reduce blood flow to the limbs, usually in the legs.
Symptoms of PAD may include lower extremity pain due to varying degrees
of ischemia and claudication, which is characterized by pain induced by
exercise and relieved with rest. Risk factors for PAD include age >=70
years; age 50 to 69 years with a history of smoking or diabetes; age 40
to 49 with diabetes and at least one other risk factor for
atherosclerosis; leg symptoms suggestive of claudication with exertion,
or ischemic pain at rest; abnormal lower extremity pulse examination;
known atherosclerosis at other sites (for example, coronary, carotid,
renal artery disease); smoking; hypertension, hyperlipidemia, and
homocysteinemia.\158\ PAD is primarily caused by atherosclerosis--the
buildup of fatty plaque in the arteries. PAD can occur in any blood
vessel, but it is more common in the legs than the arms. Approximately
8.5 million people in the United States have PAD, including 12-20% of
individuals older than age 60.\159\
---------------------------------------------------------------------------
\158\ Neschis, David G. & MD, Golden, M. (2018). Clinical
features and diagnosis of lower extremity peripheral artery disease.
Retrieved October 29, 2018, from https://www.uptodate.com/contents/clinical-features-and-diagnosis-of-lower-extremity-peripheral-artery-disease.
\159\ Centers for Disease Control and Prevention. (2018).
Peripheral Arterial Disease (PAD) Fact Sheet. Retrieved from https://www.cdc.gov/DHDSP/data_statistics/fact_sheets/fs_PAD.htm.
---------------------------------------------------------------------------
A diagnosis of PAD is established with the measurement of an ankle-
brachial index (ABI) <=0.9. The ABI is a comparison of the resting
systolic blood pressure at the ankle to the higher systolic brachial
pressure. Duplex ultrasonography is commonly used in conjunction with
the ABI to identify the
[[Page 32615]]
location and severity of arterial obstruction.\160\
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\160\ Berger, J. & Davies, M. (2018). Overview of lower
extremity peripheral artery disease. Retrieved October 29, 2018 from
https://www.uptodate.com/contents/overview-of-lower-extremity-peripheral-artery-disease.
---------------------------------------------------------------------------
Management of disease is aimed at improving symptoms, improving
functional capacity, and preventing amputations and death. Management
of patients with lower extremity PAD may include medical therapies to
reduce the risk for future cardiovascular events related to
atherosclerosis, such as myocardial infarction, stroke, and peripheral
arterial thrombosis. Such therapies may include antiplatelet therapy,
smoking cessation, lipid-lowering therapy, and treatment of diabetes
and hypertension. For patients with significant or disabling symptoms
unresponsive to lifestyle adjustment and pharmacologic therapy,
intervention (percutaneous, surgical) may be needed. Surgical
intervention includes angioplasty, a procedure in which a balloon-tip
catheter is inserted into the artery and inflated to dilate the
narrowed artery lumen. The balloon is then deflated and removed with
the catheter. For patients with limb-threatening ischemia (for example
pain while at rest and or ulceration), revascularization is a priority
to reestablish arterial blood flow. According to the applicant,
treatment of the SFA is problematic due to multiple issues, including
high rate of restenosis and significant forces of compression.
The applicant asserts that the EluviaTM Drug-Eluting
Vascular Stent System is a sustained-release drug-eluting self-
expanding, nickel titanium alloy (nitinol) mesh stent used to
reestablish blood flow to stenotic arteries. According to the
applicant, the EluviaTM system is the first stent
specifically designed for deployment in the SFA and/or PPA that
utilizes the anti-restenotic drug paclitaxel in conjunction with a
polymer. EluviaTM is built on the InnovaTM Stent
System platform, consisting of a self-expanding nitinol stent and an
advanced, 6F low-profile triaxial delivery system for added support and
placement accuracy. The EluviaTM stent is coated with the
drug paclitaxel, which helps prevent the artery from restenosis. The
EluviaTM Stent System is comprised of the implantable
endoprosthesis and the stent delivery system (SDS).
According to the applicant, there are four principal treatment
options for PAD, including two endovascular approaches (angioplasty and
stenting):
Medical therapy, typically for those with mild to medium
symptoms. This may include pharmacotherapy (for example, cilostazil)
and exercise therapy.
Angioplasty, a procedure in which a catheter with a
balloon on the tip is inserted into an artery and inflated to expand
the artery and reduce the blockage. The balloon is then deflated and
removed with the catheter. Some procedures use drug coated balloons, in
which a drug is applied to the lesion at the time of balloon inflation.
Stenting via a procedure in which a stent is placed in the
artery to keep the artery open and prevent it from re-narrowing. This
can be done with a bare metal stent or with a drug-eluting stent, which
also releases a drug that helps slow the re-narrowing of the vessel.
For patients with severe narrowing that is blocking blood
flow, bypass surgery may be warranted. In the procedure, a healthy vein
is used to make a new path around the narrowed or blocked artery.
The applicant further asserts that aside from EluviaTM,
the alternative existing endovascular approaches (angioplasty and
stenting) do not provide a sustained release application of a drug and
that EluviaTM is the first polymer-based, drug-eluting stent
designed to treat and restore blood flow in the peripheral arteries
above the knee, and the eluted medication helps to prevent tissue
regrowth during the entire period most commonly associated with
restenosis. According to the applicant, the sustained release of the
anti-restenotic drug is intentionally designed to elute over a 12-15-
month period delivering the drug when restenosis is most likely to
occur, which the applicant states is a significantly longer period than
the two-month duration of drug eluted from drug-coated balloons and the
paclitaxel-coated Zilver PTX drug eluting stent.
The EluviaTM stent system was granted approval for the
following ICD-10-PCS procedure codes effective October 1, 2019:
[[Page 32616]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.127
As discussed previously, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would therefore not be considered
``new'' for purposes of new technology add-on payments. We note that in
the FY 2020 IPPS/LTCH PPS final rule (84 FR 42227), we stated that
after consideration of the applicant's comments, we believe that the
EluviaTM device uses a unique mechanism of action to achieve
a therapeutic outcome when compared to existing technologies such as
the paclitaxel-coated stent. Therefore, we stated that the
EluviaTM device meets the newness criterion. We refer the
reader to the FY 2020 final rule for the complete discussion of how the
EluviaTM device meets the newness criterion. The applicant
noted in its FY 2021 application that for FY 2020, CMS concluded that
the EluviaTM device met the newness criterion. The applicant
stated that it believes there is no basis for CMS to reach a contrary
conclusion with regard to whether the EluviaTM system meets
the newness criterion for FY 2021. The applicant also reiterated that
the EluviaTM device uses a unique mechanism of action
because it utilizes a sustained-release of a low-dose of paclitaxel. We
welcome any additional information or comments in response to this
proposed rule regarding whether the EluviaTM device is
substantially similar to an existing technology and whether it meets
the newness criterion for purposes of its application for new
technology add-on payments for FY 2021.
With regard to the cost criterion, the applicant conducted two
analyses based on 100 percent of identified claims and 76 percent of
identified claims. To identify potential cases where
EluviaTM could be utilized, the applicant searched the FY
2018 MedPAR file for ICD-10-PCS codes from the Peripheral Drug Eluting
Stent and Peripheral Bare Metal Stent categories. For the analysis
using 100 percent of cases, the applicant identified a total of 11,051
cases spanning 150 MS-DRGs. The applicant then removed charges for the
technology being replaced. The applicant stated that because it was
unable to determine a more specific percentage reduction, it chose the
most conservative approach for calculation purposes and removed 100% of
charges associated with service category Medical/Surgical Supply Charge
Amount, which included revenue center 027x. The applicant then
standardized the charges and applied an inflation factor of 11.1%,
which is the same inflation factor used by CMS to update the outlier
threshold in the FY 2020 IPPS/LTCH PPS final rule, to update the
charges from FY 2018 to FY 2020 (84 FR 42629). The applicant added
charges for the new technology by multiplying the cost of the
technology by the national CCR for implantable devices (0.299) from the
FY 2020 IPPS final rule. Under the analysis based on 100% of identified
claims, the applicant determined an average case-
[[Page 32617]]
weighted threshold amount of $100,851 and a final average inflated
standardized charge per case of $157,343.
Under the analysis based on 76 percent of identified claims, the
applicant used the same methodology, which identified 8,335 cases
across 8 MS-DRGs. The applicant determined the average case-weighted
threshold amount of $98,196 and a final inflated average standardized
charge per case of $147,343. Because the final inflated average
standardized charge per case exceeded the case-weighted threshold
amount under both analyses, the applicant asserted that the technology
meets the cost criterion. We invite public comments on whether
EluviaTM meets the cost criterion.
With regard to the substantial clinical improvement criterion, the
applicant asserts that EluviaTM represents a substantial
clinical improvement over existing technologies because it achieves
superior primary patency; reduces the rate of subsequent therapeutic
interventions; decreases the number of future hospitalizations or
physician visits; reduces hospital readmission rates; reduces the rate
of device related complications; and achieves similar functional
outcomes and EQ-5D index values while associated with half the rate of
TLRs.
As stated above, Boston Scientific submitted an application for new
technology add-on payments for the EluviaTM device for FY
2020 that was not approved. In the FY 2020 IPPS/LTCH PPS final rule (84
FR 42231), we noted the FDA's preliminary review of data that
identified a potentially concerning signal of increased long-term
mortality in study subjects treated with paclitaxel-coated products
compared to patients treated with uncoated devices, and stated that we
remained concerned that we did not have enough information to determine
that the EluviaTM device represents a substantial clinical
improvement over existing technologies. The applicant resubmitted its
application for new technology add-on payments for FY 2021 with updated
two-year primary patency results to demonstrate that the
EluviaTM device represents a substantial clinical
improvement over existing technologies. Below we summarize the studies
the applicant submitted with both its FY 2020 and FY 2021 applications,
followed by the new information the applicant submitted with its FY
2021 application to support that the technology represents a
substantial clinical improvement.
The applicant submitted the results of the MAJESTIC study, a
single-arm first-in-human study of EluviaTM. The MAJESTIC
\161\ study is a prospective, multicenter single-arm, open label study.
Per the applicant, the MAJESTIC study demonstrated long-term treatment
durability among patients whose femoropopliteal arteries were treated
with the EluviaTM stent. The MAJESTIC study enrolled 57
patients with symptomatic lower limb ischemia and lesions in the
superficial femoral artery or proximal popliteal artery. Efficacy
measures at 2 years included primary patency, defined as duplex
ultrasound peak systolic velocity ratio of <2.5 and the absence of
target lesion revascularization (TLR) or bypass. Safety monitoring
through 3 years included adverse events and TLR. The 24-month clinic
visit was completed by 53 patients; 52 had Doppler ultrasound evaluable
by the core laboratory, and 48 patients had radiographs taken for stent
fracture analysis. The 3-year follow-up was completed by 54 patients.
At 2 years, 90.6% (48/53) of patients had improved by one or more
Rutherford categories as compared with the pre-procedure level without
the need for TLR (when those with TLR were included, 96.2% sustained
improvement); only one patient exhibited a worsening in level, 66.0%
(35/53) of patients exhibited no symptoms (category 0) and 24.5% (13/
53) had mild claudication (category 1) at the 24-month visit. Mean ABI
improved from 0.73 0.22 at baseline to 1.02
0.20 at 12 months and 0.93 0.26 at 24 months. At 24
months, 79.2% (38/48) of patients had an ABI increase of at least 0.1
compared with baseline or had reached an ABI of at least 0.9. According
to the applicant, the primary patency rate at 12 months was 96.4%. With
regard to the EluviaTM stent achieving superior primary
patency, the applicant submitted the results of the IMPERIAL \162\
trial in which the EluviaTM stent is compared, head-to-head,
to the Zilver[supreg] PTX[supreg] drug-eluting stent. The IMPERIAL
study is a global, multi-center, randomized controlled trial consisting
of 465 subjects. Eligible patients were aged 18 years or older and had
symptomatic lower-limb ischaemia, defined as Rutherford category 2, 3,
or 4 and stenotic, restenotic (treated with a drug-coated balloon >12
months before the study or standard percutaneous transluminal
angioplasty only), or occlusive lesions in the native superficial
femoral artery or proximal popliteal artery, with at least one
infrapopliteal vessel patent to the ankle or foot. Patients had to have
stenosis of 70% or more (via angiographic assessment), vessel diameter
between 4 mm and 6 mm, and total lesion length between 30 mm and 140
mm.
---------------------------------------------------------------------------
\161\ M[uuml]ller-H[uuml]lsbeck S et al. Long-Term Results from
the MAJESTIC Trial of the Eluvia Paclitaxel-Eluting Stent for
Femoropopliteal Treatment: 3-Year Follow-up. Cardiovasc Intervent
Radiol. 2017 Dec;40(12):1832-1838.
\162\ Gray WA et al. A polymer-coated, paclitaxel-eluting stent
(Eluvia) versus a polymer-free, paclitaxel-coated stent (Zilver PTX)
for endovascular femoropopliteal intervention (IMPERIAL): A
randomised, non-inferiority trial. Lancet. 2018 Sep 24.
---------------------------------------------------------------------------
Subjects who had previously stented target lesion/vessels treated
with drug-coated balloon <12 months prior to randomization/enrollment
and subjects who had undergone prior surgery of the SFA/PPA in the
target limb to treat atherosclerotic disease were excluded from the
study. Two concurrent single-group (EluviaTM only) sub
studies were done: A non-blinded, non-randomized pharmacokinetic sub
study and a non-blinded, non-randomized study of patients with long
lesions (>140 mm). The IMPERIAL study is a prospective, multicenter,
single-blinded randomized, controlled (RCT) non-inferiority trial.
Patients were randomized (2:1) to implantation of either a paclitaxel-
eluting polymer stent (EluviaTM) or a paclitaxel-coated
stent (Zilver[supreg] PTX[supreg]) after the treating physician had
successfully crossed the target lesion with a guide wire. The primary
endpoints of the study are Major Adverse Events defined as all causes
of death through 1 month, Target Limb Major Amputation through 12
months and/or Target Lesion Revascularization (TLR) through 12 months,
and primary vessel patency at 12 months post-procedure. Secondary
endpoints included the Rutherford categorization, Walking Impairment
Questionnaire, and EQ- 5D assessments at 1 month and 6 months post-
procedure. Patient demographic and characteristics were balanced
between EluviaTM stent and Zilver[supreg] PTX[supreg] stent
groups.
The applicant noted that lesion characteristics for the
EluviaTM stent vs Zilver[supreg] PTX[supreg] stent arms were
comparable. Clinical follow-up visits related to the study were
scheduled for 1 month, 6 months, and 12 months after the procedure,
with follow-up planned to continue through 5 years, including clinical
visits at 24 months and 5 years and clinical or telephone follow-up at
3 and 4 years.
The applicant asserts that in the IMPERIAL study, the
EluviaTM stent demonstrated superior primary patency over
the Zilver[supreg] PTX[supreg] stent, with 86.8% vs. 77.5% respectively
(p=0.0144). The non-inferiority primary efficacy endpoint was also met.
The applicant asserts that the SFA presents unique challenges with
respect to maintaining long-term patency. There are distinct
[[Page 32618]]
pathological differences between the SFA and coronary arteries. The SFA
tends to have higher levels of calcification and chronic total
occlusions when compared to coronary arteries. Following an
intervention within the SFA, the SFA produces a healing response which
often results in restenosis or re-narrowing of the arterial lumen. This
cascade of events leading to restenosis starts with inflammation,
followed by smooth muscle cell proliferation and matrix formation.\163\
Because of the unique mechanical forces in the SFA, this restenotic
process of the SFA can continue well beyond 300 days from the initial
intervention. Primary patency at 12 months, by Kaplan-Meier estimate,
was significantly greater for EluviaTM than for
Zilver[supreg] PTX[supreg], with 88.5% and 79.5% respectively
(p=0.0119). According to the applicant, these results are consistent
with the 96.4% primary patency rate at 12 months in the MAJESTIC study,
the single-arm first-in-human study of EluviaTM.
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\163\ Forrester JS, Fishbein M, Helfant R, Fagin J. A paradigm
for restenosis based on cell biology: Clues for the development of
new preventive therapies. J Am Coll Cardiol. 1991 Mar 1;17(3):758-
69.
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The IMPERIAL study included two concurrent single-group
(EluviaTM only) sub studies: A non-blinded, non-randomized
pharmacokinetic sub study and a non-blinded, non-randomized study of
patients with long lesions (>140 mm). For the pharmacokinetic sub
study, patients had venous blood drawn before stent implantation, at
intervals ranging from 10 minutes to 24 hours post implantation, and
then at either 48 hours or 72 hours post implantation. The
pharmacokinetics sub study confirmed that plasma paclitaxel
concentrations after EluviaTM implantation were well below
thresholds associated with toxic effects in studies in patients with
cancer (0[middot]05 [mu]M or ~43 ng/mL).
The IMPERIAL sub study long lesion subgroup consisted of 50
patients with average lesion length of 162.8 mm that were each treated
with two EluviaTM stents. Twelve-month outcomes for the long
lesion subgroup are 87% primary patency and 6.5% Target Lesion
Revascularization (TLR). In a subgroup analysis of patients 65 years
and older (Medicare population), the primary patency rate in the
EluviaTM stent group is 92.6%, compared to 75.0% for the
Zilver[supreg] PTX[supreg] stent group (p=0.0386).
With regard to reducing the rate of subsequent therapeutic
interventions, secondary outcomes in the IMPERIAL study included repeat
re-intervention on the same lesion, target lesion revascularization
(TLR). The rate of subsequent interventions, or TLRs, in the
EluviaTM stent group was 4.5% compared to 9.0% in the
Zilver[supreg] PTX[supreg] stent group. The applicant asserts that TLR
rate in the EluviaTM group represents a substantial
reduction in re-intervention on the target lesion compared to that of
the Zilver[supreg] PTX[supreg] stent group.
With regard to decreasing the number of future hospitalizations or
physician visits, the applicant asserts that the substantial reduction
in the lesion revascularization rate led to a reduced need to provide
additional intensive care, distinguishing the EluviaTM group
from the Zilver[supreg] PTX[supreg] group. In the IMPERIAL study,
EluviaTM-treated patients required fewer days of re-
hospitalization. There were 13.9 post procedure in-hospital days in the
EluviaTM group for all adverse events compared to 17.7 post
procedure in-hospital days in the Zilver[supreg] PTX[supreg] group.
There were 2.8 post procedure in-hospital days in the
EluviaTM group for TLR/Total Vessel Revascularization (TVR)
compared to 7.1 post procedure in-hospital days in the Zilver[supreg]
PTX[supreg] group. And lastly, there were 2.7 post-procedure in-
hospital days from the EluviaTM group for procedure/device
related adverse events compared to 4.5 post procedure in-hospital days
for the Zilver[supreg] PTX[supreg] group.
With regard to reducing hospital readmission rates, the applicant
asserts that patients treated in the EluviaTM group
experienced reduced rates of hospital readmission following the index
procedure compared to those in the Zilver[supreg] PTX[supreg] group.
Hospital readmission rates at 12 months were 3.9% for the
EluviaTM group compared to 7.1% for the Zilver[supreg]
PTX[supreg] group. Similar results were noted at 1 and 6 months; 1.0%
vs 2.6% and 2.4% vs 3.8% respectively.
With regard to reducing the rate of device related complications,
the applicant asserts that while the rates of adverse events were
similar in total between treatment arms in the IMPERIAL study, there
were measurable differences in device-related complications. Device-
related adverse-events were reported in 8% of patients in the
EluviaTM group compared to 14% of patients in the
Zilver[supreg] PTX[supreg] group.
Lastly, with regard to achieving similar functional outcomes and
EQ-5D index values, while associated with half the rate of TLRs, the
applicant asserts that narrowed or blocked arteries within the SFA can
limit the supply of oxygen-rich blood throughout the lower extremities,
causing pain or discomfort when walking. The applicant further asserts
that performing physical activities is often challenging because of
decreased blood supply to the legs, typically causing symptoms to
become more challenging overtime unless treated. The applicant asserts
that while functional outcomes appear similar between the
EluviaTM and Zilver[supreg] PTX[supreg] groups at 12 months,
these improvements for the Zilver[supreg] PTX[supreg] group are
associated with twice as many TLRs to achieve similar EQ-5D index
values.\164\ At 12 months, of the patients with complete Rutherford
assessment data, 241 (86 percent) of 281 patients in the
EluviaTM group and 120 (85 percent) of 142 patients in the
Zilver[supreg] PTX[supreg] group had symptoms reported as Rutherford
Category 0 or 1 (none to mild claudication). The mean ankle-brachial
index was 1[middot]0 (SD 0[middot]2) in both groups at 12 months
(baseline mean ankle-brachial index 0[middot]7 [SD 0[middot]2] for
EluviaTM 0[middot]8 [0[middot]2] for Zilver[supreg]
PTX[supreg]), with sustained hemodynamic improvement for approximately
80 percent of the patients in both groups. Walking function improved
significantly from baseline to 12 months in both groups, as measured
with the Walking Impairment Questionnaire and the 6-minute walk test.
In both groups, the majority of patients had sustained improvement in
the mobility dimension of the EQ-5D and roughly half had sustained
improvement in the pain or discomfort dimension. No significant
between-group differences were observed in the Walking Impairment
Questionnaire, 6-minute walk test, or EQ-5D. Secondary endpoint results
for the EluviaTM stent and Zilver[supreg] PTX[supreg] stent
groups are as follows:
---------------------------------------------------------------------------
\164\ Gray WA, Keirse K, Soga Y, et al. A polymer-coated,
paclitaxel-eluting stent (Eluvia) versus a polymer-free, paclitaxel-
coated stent (Zilver PTX) for endovascular femoropopliteal
intervention (IMPERIAL): A randomized, non-inferiority trial. Lancet
2018; published online Sept 22. http://dx.doi.org/10.1016/S0140-6736(18)32262-1.
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Hemodynamic improvement in walking--80.8 percent versus
78.7 percent;
Walking impairment questionnaire scores (change from
baseline)--40.8 (36.5) versus 35.8 (39.5);
Distance (change from baseline)--33.2 (38.3) versus 29.5
(38.2);
Speed (change from baseline)--18.3 (29.5) versus 18.1
(28.7);
Stair climbing (change from baseline)--19.4 (36.7) versus
21.1 (34.6); and
6-Minute walk test distance (m) (change from baseline)--
44.5 (119.5) versus 51.8 (130.5).
As summarized in the FY 2020 IPPS/LTCH PPS final rule (84 FR
42230), in our discussion of the comments
[[Page 32619]]
received regarding substantial clinical improvement with respect to the
new technology add-on payment application for EluviaTM for
FY 2020, we received a comment expressing safety concerns with
paclitaxel-coated devices used to treat PAD. The commenter stated they
were aware of an FDA alert concerning paclitaxel-coated devices. The
commenter stated the applicant and other manufacturers of devices using
paclitaxel should consider an alternative to paclitaxel.
We stated in response that we are aware of FDA's March 15, 2019
letter to healthcare providers regarding the ``Treatment of Peripheral
Arterial Disease with Paclitaxel-Coated Balloons and Paclitaxel-Eluting
Stents Potentially Associated with Increased Mortality.'' We noted that
in March 2019, FDA conducted a preliminary analysis of long-term
follow-up data (up to 5 years in some studies) of the pivotal premarket
randomized trials for paclitaxel-coated products indicated for PAD. We
stated that while the analyses are ongoing, according to FDA, the
preliminary review of the data had identified a potentially concerning
signal of increased long-term mortality in study subjects treated with
paclitaxel-coated products compared to patients treated with uncoated
devices.\165\ Of the three trials with 5-year follow-up data, each
showed higher mortality in subjects treated with paclitaxel-coated
products than subjects treated with uncoated devices. In total, among
the 975 subjects in these 3 trials, there was an approximately 50
percent increased risk of mortality in subjects treated with
paclitaxel-coated devices versus those treated with control devices
(20.1 percent versus 13.4 percent crude risk of death at 5 years).
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\165\ https://www.fda.gov/medical-devices/letters-health-care-providers/update-treatment-peripheral-arterial-disease-paclitaxel-coated-balloons-and-paclitaxel-eluting.
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We also noted that FDA stated that the data should be interpreted
with caution for several reasons. First, there is large variability in
the risk estimate of mortality due to the limited amount of long-term
data. Second, the studies were not originally designed to be pooled,
introducing greater uncertainty in the results. Third, the specific
cause and mechanism of the increased mortality is unknown.
We further stated that based on the preliminary review of available
data, FDA made the following recommendations regarding the use of
paclitaxel-coated balloons and paclitaxel-eluting stents: That health
care providers consider the following until further information is
available; continue diligent monitoring of patients who have been
treated with paclitaxel-coated balloons and paclitaxel-eluting stents;
when making treatment recommendations and as part of the informed
consent process, consider that there may be an increased rate of long-
term mortality in patients treated with paclitaxel-coated balloons and
paclitaxel-eluting stents; discuss the risks and benefits of all
available PAD treatment options with your patients; for most patients,
alternative treatment options to paclitaxel-coated balloons and
paclitaxel-eluting stents should generally be used until additional
analysis of the safety signal has been performed; for some individual
patients at particularly high risk for restenosis, clinicians may
determine that the benefits of using a paclitaxel-coated product may
outweigh the risks; ensure patients receive optimal medical therapy for
PAD and other cardiovascular risk factors as well as guidance on
healthy lifestyles including weight control, smoking cessation, and
exercise.
We also noted that FDA further stated that paclitaxel-coated
balloons and stents are known to improve blood flow to the legs and
decrease the likelihood of repeat procedures to reopen blocked blood
vessels. However, because of this concerning safety signal, FDA stated
that it believes alternative treatment options should generally be used
for most patients while FDA continues to further evaluate the increased
long-term mortality signal and its impact on the overall benefit-risk
profile of these devices. FDA stated it intends to conduct additional
analyses to determine whether the benefits continue to outweigh the
risks for approved paclitaxel-coated balloons and paclitaxel-eluting
stents when used in accordance with their indications for use. FDA
stated it will also evaluate whether these analyses impact the safety
of patients treated with these devices for other indications, such as
treatment of arteriovenous access stenosis or critical limb ischemia.
Furthermore, we stated that because of concerns regarding this
issue, FDA convened an Advisory Committee meeting of the Circulatory
System Devices Panel on June 19 and 20, 2019 to: Facilitate a public,
transparent, and unbiased discussion on the presence and magnitude of a
long-term mortality signal; discuss plausible reasons, including any
potential biological mechanisms, for a long-term mortality signal; re-
examine the benefit-risk profile of this group of devices; consider
modifications to ongoing and future US clinical trials evaluating
devices containing paclitaxel, including added surveillance, updated
informed consent, and enhanced adjudication for drug-related adverse
events and deaths; and guide other regulatory actions, as needed. The
June 19 and 20, 2019 Advisory Committee meeting of the Circulatory
System Devices Panel concluded that analyses of available data from
FDA-approved devices show an increase in late mortality (between 2 and
5 years) associated with paclitaxel-coated devices intended to treat
femoropopliteal disease.\166\ However, causality for the late mortality
rate increase could not be determined. Additional data may be needed to
further assess the magnitude of the late mortality signal, determine
any potential causes, identify patient sub-groups that may be at
greater risk, and to update benefit-risk considerations of this device
class.\167\
---------------------------------------------------------------------------
\166\ https://www.fda.gov/advisory-committees/advisory-committee-calendar/june-19-20-2019-circulatory-system-devices-panel-medical-devices-advisory-committee-meeting#event-materials.
\167\ https://www.fda.gov/advisory-committees/advisory-committee-calendar/june-19-20-2019-circulatory-system-devices-panel-medical-devices-advisory-committee-meeting#event-materials.
---------------------------------------------------------------------------
We stated that FDA continues to recommend that health care
providers report any adverse events or suspected adverse events
experienced with the use of paclitaxel-coated balloons and paclitaxel-
eluting stents. FDA stated that it will keep the public informed as any
new information or recommendations become available.
In the FY 2020 IPPS/LTCH PPS final rule (84 FR 42231), after
consideration of the public comments we received and the latest
available information from the FDA advisory panel, we noted the FDA
panel's preliminary review of the data had identified a potentially
concerning signal of increased long-term mortality in study subjects
treated with paclitaxel-coated products compared to patients treated
with uncoated devices. We stated that additionally, since FDA has
stated that it believes alternative treatment options should generally
be used for most patients while it continues to further evaluate the
increased long-term mortality signal and its impact on the overall
benefit-risk profile of these devices, we remained concerned that we
did not have enough information to determine that the
EluviaTM device represents a substantial clinical
improvement over existing technologies. Therefore, we stated that we
were not approving the EluviaTM device for FY 2020 new
technology add-on payments. We also stated that we would monitor any
new information or
[[Page 32620]]
recommendations as they become available.
Since the FY 2020 IPPS/LTCH PPS final rule, the FDA issued an
August 7, 2019 update: ``Treatment of Peripheral Arterial Disease with
Paclitaxel-Coated Balloons and Paclitaxel-Eluting Stents Potentially
Associated with Increased Mortality.'' \168\ In its update, the FDA
included recommendations to healthcare providers for assessing and
treating patients with PAD using paclitaxel-coated devices. Based on
the FDA's review of available data and the Advisory Panel conclusions,
the FDA recommends that healthcare providers consider the following:
---------------------------------------------------------------------------
\168\ https://www.fda.gov/medical-devices/letters-health-care-providers/august-7-2019-update-treatment-peripheral-arterial-disease-paclitaxel-coated-balloons-and-paclitaxel.
---------------------------------------------------------------------------
Continue diligent monitoring of patients who have been
treated with paclitaxel-coated balloons and paclitaxel-eluting stents.
When making treatment recommendations, and as part of the
informed consent process, consider that there may be an increased rate
of long-term mortality in patients treated with paclitaxel-coated
balloons and paclitaxel-eluting stents.
Discuss the risks and benefits of all available PAD
treatment options with your patients. For many patients, alternative
treatment options to paclitaxel-coated balloons and paclitaxel-eluting
stents provide a more favorable benefit-risk profile based on currently
available information.
For individual patients judged to be at particularly high
risk for restenosis and repeat femoropopliteal interventions,
clinicians may determine that the benefits of using a paclitaxel-coated
device outweigh the risk of late mortality.
In discussing treatment options, physicians should explore
their patients' expectations, concerns and treatment preferences.
Ensure patients receive optimal medical therapy for PAD
and other cardiovascular risk factors as well as guidance on healthy
lifestyles including weight control, smoking cessation, and exercise.
Report any adverse events or suspected adverse events
experienced with the use of paclitaxel-coated balloons and paclitaxel-
eluting stents.
In addition, the August 7, 2019 update noted the following. Based
on the conclusions of its analysis and recommendations of the advisory
panel, FDA stated that it is taking additional steps to address this
signal, including working with manufacturers on updates to device
labeling and clinical trial informed consent documents to incorporate
information about the late mortality signal. FDA also stated that it is
continuing to actively work with the manufacturers and investigators on
additional clinical evidence development for assessment of the long-
term safety of paclitaxel-coated devices. FDA noted that paclitaxel-
coated balloons and stents improve blood flow to the legs and decrease
the likelihood of repeat procedures to reopen blocked blood vessels
compared to uncoated devices. The update stated that the panel
concluded that the benefits of paclitaxel-coated devices (for example,
reduced reinterventions) should be considered in individual patients
along with potential risks (for example, late mortality).
The applicant stated in its FY 2021 application that while CMS
denied the application for new technology add-on payments for
EluviaTM for FY 2020 because of its concerns about
paclitaxel, the available evidence and policymaking from the FDA would
suggest that this device is safe, effective and a substantial clinical
improvement. To address the substantial clinical improvement concerns
stated in the FY 2020 final rule, the applicant stated that
EluviaTM is not associated with increased all-cause
mortality and that two-year all-cause mortality data are consistent
with FDA-published rates for uncoated angioplasty devices. The
applicant further asserted that most recent publications on peripheral
paclitaxel-coated devices do not replicate the strong mortality signal
identified in the meta-analysis. The applicant stated that it submitted
information on EluviaTM to the FDA for the June 19-20
Circulatory System Devices Panel of the Medical Devices Advisory
Committee meeting. The applicant further asserted that the FDA
continues to find that paclitaxel devices are effective, specifically
that ``Paclitaxel-coated balloons and stents improve blood flow to the
legs and decrease the likelihood of repeat procedures to reopen blocked
blood vessels compared to uncoated devices.'' \169\ The applicant
stated that the FDA, following months of investigation, multiple
letters to health care providers and an advisory panel meeting, has not
changed the marketed status of peripheral paclitaxel devices.
Therefore, the applicant respectfully requested that CMS consider that
EluviaTM satisfies the substantial clinical improvement
criterion in light of this information. The applicant referred to the
FDA's meta-analysis of long-term follow-up data from the pivotal
premarket randomized trials for paclitaxel-coated devices used to treat
PAD. The FDA's meta-analysis of these trials \170\ identified a late
mortality signal in study subjects treated with paclitaxel-coated
devices compared to patients treated with uncoated devices.
Specifically, in three randomized trials which enrolled a total of 1090
patients, the crude mortality rate at 5 years was 19.8% (range 15.9%-
23.4%) in patients treated with paclitaxel-coated devices compared to
12.7% (range 11.2%-14.0%) in subjects treated with uncoated devices.
The relative risk for increased mortality at 5 years was 1.57 (95%
confidence interval 1.16--2.13), which corresponds to a 57% relative
increase in mortality in patients treated with paclitaxel-coated
devices.
---------------------------------------------------------------------------
\169\ FDA Letter to Health Care Providers, August 7, 2019. Last
accessed at https://www.fda.gov/medical-devices/letters-health-care-providers/august-7-2019-update-treatment-peripheral-arterial-disease-paclitaxel-coated-balloons-and-paclitaxel on September 10,
2019.
\170\ https://www.fda.gov/medical-devices/letters-health-care-providers/update-treatment-peripheral-arterial-disease-paclitaxel-coated-balloons-and-paclitaxel-eluting.
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In its application for FY 2021, the applicant stated that they
respectfully disagree with CMS's conclusion that EluviaTM
did not satisfy the substantial clinical improvement criterion as the
IMPERIAL randomized controlled trial demonstrates superiority over the
closest comparative device. In its application for FY 2021, in response
to these concerns related to peripheral paclitaxel devices, the
applicant referred to the updated bulletin FDA issued in August 2019 to
provide the latest information on its analysis of long-term follow-up
data from premarket trials and to provide summary information from its
June 2019 advisory panel meeting. Specifically, the applicant noted
that FDA stated that paclitaxel-coated balloons and stents improve
blood flow to the legs and decrease the likelihood of repeat procedures
to reopen blocked blood vessels compared to uncoated devices. The June
2019 advisory panel concluded that the benefits of paclitaxel-coated
devices (for example, reduced reinterventions) should be considered in
individual patients along with potential risks (for example, late
mortality).
The applicant also noted that it has worked closely with FDA to
address questions about the late mortality signal associated with some
peripheral paclitaxel-coated devices, as identified in the meta-
analysis. The applicant
[[Page 32621]]
noted that EluviaTM was not included in the meta-analysis.
Additionally, the applicant stated that it has demonstrated (a) the
absence of a mortality signal with EluviaTM and (b) the
absence of a mortality signal with sustained-release drug eluting
paclitaxel stent technology in the large long-term data for the TAXUS
coronary stent.\171\
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\171\ Stone GW, Ellis SG, Colombo A, et al. Long-term safety and
efficacy of paclitaxel-eluting stents final 5-year analysis from the
TAXUS Clinical Trial Program. JACC Cardiovasc Interv. 2011;4(5):530-
542.
---------------------------------------------------------------------------
With regard to the absence of a mortality signal with
EluviaTM, the applicant further stated that
EluviaTM is not associated with increased all-cause
mortality. The applicant explained that EluviaTM shows no
mortality signal at 2 years in over 300 patients. Additionally, the
applicant noted that its parent company Boston Scientific has extensive
experience with sustained-release paclitaxel-eluting stent technology
and noted that TAXUS has over 10 years of clinical data, with long-term
mortality in clinical trials following approximately 2,800 patients,
without an observed mortality signal.
As it relates to EluviaTM, the applicant stated that
findings of the FDA analysis should be interpreted with caution for
several reasons. First, EluviaTM was not included in the FDA
meta-analysis. Second, the applicant stated the analysis failed to find
any plausible mechanism that could explain the observed mortality
signal. Third, the applicant asserted that the analysis contained
structural flaws that may have contributed to its findings, including
small sample size, presence of ascertainment bias and lack of patient
level data.
The applicant added that additional analyses have been conducted
since the publication of the meta-analysis. In a Medicare claims
analysis of over 150,000 patients who underwent femoropopliteal artery
revascularization, the applicant noted that no mortality signal was
seen in the group treated with paclitaxel-coated devices.\172\
According to the applicant, this finding was echoed by other studies.
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\172\ Secemsky EA at al. Drug-Eluting Stent Implantation and
Long-Term Survival Following Peripheral Artery Revascularization. J
Am Coll Cardiol. 2019 May 28;73(20):2636-2638.
---------------------------------------------------------------------------
Finally, the applicant stated that it believes the FDA recognized
the value of allowing physicians to treat their PAD patients with
paclitaxel devices in its letter published on August 7, 2019,
acknowledging the signal in the meta-analysis and recognizing the
benefits that paclitaxel devices offer for these patients.
In summary, the applicant stated that EluviaTM should be
approved for new technology add-on payments based on the following:
Updated August 2019 FDA letter to providers issued after
the FY 2020 IPPS/LTCH PPS final rule, maintaining peripheral paclitaxel
devices on the market;
Multiple recently published studies 173 174
demonstrating the absence of increased mortality associated with
peripheral paclitaxel devices;
---------------------------------------------------------------------------
\173\ 18Spreen MI, Martens JM, Knippenberg B, et al. Long-Term
Follow-up of the PADI Trial: Percutaneous Transluminal Angioplasty
Versus Drug-Eluting Stents for Infrapopliteal Lesions in Critical
Limb Ischemia. J Am Heart Assoc. 2017;6(4).
\174\ UPDATE: Treatment of Peripheral Arterial Disease with
Paclitaxel-Coated Balloons and Paclitaxel-Eluting Stents Potentially
Associated with Increased Mortality--Letter to Health Care
Providers. 2019; Last accessed at https://www.fda.gov/MedicalDevices/Safety/LetterstoHealthCareProviders/ucm633614.htm on
October 9, 2019.
---------------------------------------------------------------------------
An analysis of over 150,000 Medicare beneficiaries,
designed with FDA input, demonstrating no difference in mortality
between patients treated with peripheral paclitaxel devices compared to
those treated without paclitaxel devices;
Confounding factors in the 2018 JAHA Katsanos et al. meta-
analysis (meta-analysis) \175\ and ascertainment bias, as highlighted
at the 2019 Vascular Leaders Forum,\176\ and no plausible mechanism has
been identified for increased mortality;
---------------------------------------------------------------------------
\175\ https://www.ahajournals.org/doi/full/10.1161/JAHA.118.011245.
\176\ Varcoe R. Unintended Consequences of Various trial
Designs, Potential Effect on Mortality and Other Outcomes. Vascular
Leaders Forum, March 2019.
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The rate of mortality for patients treated with
EluviaTM at 2 years is consistent with the rate of non-
paclitaxel-based peripheral devices.\177\
---------------------------------------------------------------------------
\177\ Pooled all-cause mortality rate includes IMPERIAL and
MAJESTIC Trials. 2-year all-cause mortality rate for IMPERIAL
(includes IMPERIAL RCT, Long Lesion, and PK sub-studies) is 7.0%.
MAJESTIC follow-up is final at 3 years. IMPERIAL follow-up is
complete through 2 years and ongoing through 5 years. As-treated
ELUVIA patients. FDA PTA reference based on FDA Executive Summary.
Two-year mortality rate within the PTA arm of ILLUMENATE was 7.4%
and within the PTA arm of IN.PACT SFA was 1.0%.
---------------------------------------------------------------------------
Although the EluviaTM system was not included in the
meta-analysis, we remain concerned with the conclusion of the meta-
analysis results. Specifically, we are concerned with the conclusion
that there is an increased risk of death following application of
paclitaxel[hyphen]coated balloons and stents in the femoropopliteal
artery of the lower limb and how it impacts substantial clinical
improvement for the EluviaTM system.
We also note the FDA's statement in the August 2019 letter that
because of the demonstrated short-term benefits of the devices, the
limitations of the available data, and uncertainty regarding the long-
term benefit-risk profile of paclitaxel-coated devices, the FDA
believes clinical studies of these devices may continue and should
collect long-term safety (including mortality) and effectiveness data.
Per the FDA, these studies require appropriate informed consent and
close safety monitoring to protect enrolled patients.
Below, we summarize and respond to a written public comment we
received during the open comment period regarding whether
EluviaTM meets the substantial clinical improvement
criterion in response to the New Technology Town Hall meeting.
Comment: With regard to the applicant's claim that the
EluviaTM stent achieves statistically superior primary
patency over Zilver[supreg] PTX[supreg], the applicant provided the
two-year results from the IMPERIAL global randomized controlled
clinical trial, comparing EluviaTM to Zilver[supreg]
PTX[supreg]. The applicant asserts that EluviaTM maintains
higher primary patency than Zilver[supreg] PTX[supreg] at 2 years,
83.0% compared to 77.1%. The applicant contends that guidelines
recognize the importance of primary patency in assessing the efficacy
of peripheral endovascular therapies.\178\ The applicant further
asserts that Eluvia'sTM two-year primary patency is the
highest reported in a superficial femoral artery U.S. pivotal trial for
a drug-eluting stent or drug-coated balloon.\179\ The applicant stated
that 2-year primary patency results are consistent with the 2-year
target lesion revascularization (TLR) results released earlier in
2019.\180\ According to the applicant, EluviaTM sustained a
statistically significant reduction in TLR at 2 years compared to
[[Page 32622]]
Zilver PTX, 12.9% vs. 20.5% (p=0.0472).\181\
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\178\ Writing Committee Members, Gerhard-Herman MD, Gornik HL et
al. 2016 AHA/ACC Guideline on the Management of Patients with Lower
Extremity Peripheral Artery Disease: Executive Summary. Vasc Med.
2017 Jun;22(3):NP1-NP43.
\179\ Highest two-year primary patency based on 24-month Kaplan-
Meier estimates reported for IMPERIAL, IN.PACT SFA, ILLUMENATE,
LEVANT II and Primary Randomization for Zilver PTX RCT.
\180\ BSC Data on File. As-treated ELUVIA and PTxControl data
from IMPERIAL RCT.FDA PTA reference based on FDA Executive Summary
(median of PTA arms). Abbreviations: DES, drug-eluting stent; TLR,
target lesion revascularization; PTx, paclitaxel.
\181\ Boston Scientific Presentation to the Circulatory System
Devices Panel of the Medical Devices Advisory Committee Meeting,
June 19, 2019.
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Response: We appreciate the applicant's input. We will take these
comments into consideration when deciding whether to approve new
technology add-on payments for EluviaTM for FY 2021.
f. GammaTile
GT Medical Technologies, Inc. submitted an application for new
technology add-on payments for FY 2021 for the GammaTileTM.
We note that Isoray Medical, Inc. and GammaTile, LLC previously
submitted an application for new technology add-on payments for
GammaTileTM for FY 2018, which was withdrawn, and also for
FY 2019, however the technology did not receive FDA approval or
clearance by July 1, 2018 and, therefore, was not eligible for
consideration for new technology add-on payments for FY 2019. GT
Medical Technologies, Inc. submitted an application for FY 2020, which
was not approved as CMS was unable to make a determination that
GammaTileTM technology represents a substantial clinical
improvement over existing therapies.
The GammaTileTM is a brachytherapy device for use in the
treatment of patients who have been diagnosed with recurrent
intracranial neoplasms, which uses cesium-131 radioactive sources
embedded in a collagen matrix. GammaTileTM is designed to
provide adjuvant radiation therapy to eliminate remaining tumor cells
in patients who required surgical resection of recurrent brain tumors.
According to the applicant, the GammaTileTM constitutes a
new form of internal radiation, with collagen tile structural offsets
acting as an internal compensator for the delivery of cesium-131
brachytherapy sources embedded within the product. The applicant stated
that the technology has been manufactured for use in the setting of a
craniotomy resection site where there is a high chance of local
recurrence of a Central Nervous System (CNS) or dual-based tumor. The
applicant asserted that the use of the GammaTileTM
technology provides a new, unique modality for treating patients who
require radiation therapy to augment surgical resection of malignancies
of the brain. By offsetting the radiation sources with a 3 mm gap of a
collagen matrix, the applicant asserted that the use of the
GammaTileTM technology resolves issues with ``hot'' and
``cold'' spots associated with brachytherapy, improves safety, and
potentially offers a treatment option for patients with limited or no
other available options. The GammaTileTM is biocompatible
and bioabsorbable, and is left in the body permanently without need for
future surgical removal. The applicant asserted that the commercial
manufacturing of the product will significantly improve on the process
of constructing customized implants with greater speed, efficiency, and
accuracy than is currently available, and requires less surgical
expertise in placement of the radioactive sources, allowing a greater
number of surgeons to utilize brachytherapy techniques in a wider
variety of hospital settings.
The GammaTileTM technology received FDA Section 510(k)
clearance as a medical device on July 6, 2018. According to the
applicant, due to finalization of design and manufacturing activities,
the technology was not commercially available until January of 2019.
Subsequently, the FDA cleared GammaTileTM as a Class II
medical device under the corporate name of GT Medical Technologies,
Inc. on March 13, 2019. The cleared indications for use state that
GammaTileTM is intended to deliver radiation therapy
(brachytherapy) in patients who have been diagnosed with recurrent
intercranial neoplasms. The applicant submitted a request for approval
for a unique ICD-10-PCS code for the use of the GammaTileTM
technology, which was approved effective October 1, 2017 (FY 2018). The
ICD-10-PCS procedure code used to identify procedures involving the use
of the GammaTileTM technology is 00H004Z (Insertion of
radioactive element, cesium-131 collagen implant into brain, open
approach).
As discussed previously, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would therefore not be considered
``new'' for purposes of new technology add-on payments. We note that in
the FY 2020 IPPS/LTCH PPS final rule (84 FR 42261), we stated that
after consideration of comments, we believe that the
GammaTileTM mechanism of action is different from current
forms of radiation therapy and brachytherapy as it is the first FDA
cleared device to use a manufactured collagen matrix which offsets
radiation sources for use for the treatment of recurrent intracranial
neoplasms. Therefore, we stated that the GammaTileTM is not
substantially similar to existing brachytherapy technology and meets
the newness criterion. We refer the reader to the FY 2020 final rule
for the complete discussion of how the GammaTileTM meets the
newness criterion. We welcome any additional information or comments in
response to this proposed rule regarding whether the
GammaTileTM is substantially similar to an existing
technology and whether it meets the newness criterion for purposes of
its application for new technology add-on payments for FY 2021.
With regard to the cost criterion, the applicant conducted the
following analysis. The applicant worked with the Barrow Neurological
Institute at St. Joseph's Hospital and Medical Center (St. Joseph's) to
obtain actual claims from mid-2015 through mid-2016 for craniotomies
that did not involve placement of the GammaTileTM
technology. The cases were assigned to MS-DRGs 025, 026, and 027
(Craniotomy and Endovascular Intracranial Procedures with MCC, with CC,
and without CC/MCC, respectively). For the 460 claims, the average
case-weighted unstandardized charge per case was $143,831. The
applicant standardized the charges for each case and inflated each
case's charges by applying the outlier charge inflation factor of 1.054
included in the FY 2020 IPPS/LTCH PPS final rule (84 FR 42629) by the
age of each case (that is, the factor was applied to 2015 claims 4
times and 2016 claims 3 times). The applicant then calculated an
estimate for ancillary charges associated with placement of the
GammaTileTM device, as well as standardized charges for the
GammaTileTM device itself. The applicant determined it meets
the cost criterion because the final inflated average case-weighted
standardized charge per case (including the charges associated with the
GammaTileTM device) of $270,445 exceeds the average case-
weighted threshold amount of $151,193 for MS-DRG 023 (Craniotomy with
Major Device Implant or Acute Complex CNS PDX with MCC or Chemotherapy
Implant or Epilepsy with Neurostimulator), the MS-DRG that would be
assigned for cases involving the GammaTileTM device.
The applicant stated that its analysis does not include a reduction
in costs due to reduced operating room times. According to the
applicant, the cost analysis reflects the time associated with a
craniotomy and device placement. The applicant does not anticipate any
reduction in operating room time relative to prior operative methods.
We invite public comments on
[[Page 32623]]
whether the GammaTileTM technology meets the cost criterion.
With regard to substantial clinical improvement, the applicant
stated that the GammaTileTM technology offers a treatment
option for a patient population unresponsive to, or ineligible for,
currently available treatments for recurrent CNS malignancies and
significantly improves clinical outcomes when compared to currently
available treatment options. The applicant explained that therapeutic
options for patients who have been diagnosed with large or recurrent
brain metastases are limited (for example, stereotactic radiotherapy,
additional EBRT, or systemic immunochemotherapy). However, according to
the applicant, the GammaTileTM technology provides a
treatment option for patients who have been diagnosed with
radiosensitive recurrent brain tumors that are not eligible for
treatment with any other currently available treatment options.
Specifically, the applicant stated that the GammaTileTM
device may provide the only radiation treatment option for patients who
have been diagnosed with tumors located close to sensitive vital brain
sites (for example, brain stem) and patients who have been diagnosed
with recurrent brain tumors who may not be eligible for additional
treatment involving the use of external beam radiation therapy. There
is a lifetime limit for the amount of radiation therapy a specific area
of the body can receive. Patients whose previous treatment includes
external beam radiation therapy may be precluded from receiving high
doses of radiation associated with subsequent external beam radiation
therapy, and the GammaTileTM technology can also be used to
treat tumors that are too large for treatment with external beam
radiation therapy. According to the applicant, patients who have been
diagnosed with these large tumors are not eligible for treatment with
external beam radiation therapy because the radiation dose to healthy
brain tissue would be too high.
The applicant summarized how the GammaTileTM technology
improves clinical outcomes compared to existing treatment options,
including external beam radiation therapy and other forms of brain
brachytherapy as: (1) Providing a treatment option for patients with no
other available treatment options; (2) reducing the rate of mortality
compared to alternative treatment options; (3) reducing the rate of
radiation necrosis; (4) reducing the need for re-operation; (5)
reducing the need for additional hospital visits and procedures; and
(6) providing more rapid beneficial resolution of the disease process
treatment.
The applicant cited several sources of data to support these
assertions. The applicant referenced a paper by Brachman, Dardis et
al., which was published in the Journal of Neurosurgery on December 21,
2018.\182\ This study, a follow-up on the progress of 20 patients with
recurrent previously irradiated meningiomasis, is a feasibility or
superior progression-free survival study comparing the patient's own
historical control rate against subsequent treatment with
GammaTileTM.
---------------------------------------------------------------------------
\182\ Brachman, D., et al., ``Resection and permanent
intracranial brachytherpay using modular, biocompatible cesium-131
implants: Results in 20 recurrent previously irradiated
meningiomas,'' J Neurosurgery, December 21, 2018.
---------------------------------------------------------------------------
An additional source of clinical data is from Gamma Tech's internal
review of data from two centers treating brain tumors with
GammaTileTM; The two centers are the Barrow Neurological
Institute (BNI) at St. Joseph's Hospital and St. Joseph's Medical
Center, Phoenix, AZ, and this internal review is referred to here as
the ``BNI'' study.\183\ The BNI study summarized Gamma Tech's
experience with the GammaTileTM technology. The applicant
also included a reference to its updated study, described on
ClinicalTrials.gov under NCT03088579, which includes 79 recurrent,
previously irradiated intracranial neoplasms.
---------------------------------------------------------------------------
\183\ Brachman, D., et al., ``Surgery and Permanent
Intraoperative Brachytherapy Improves Time to Progress of Recurrent
Intracranial Neoplasms,'' Society for Neuro-Oncology Conference on
Meningioma, June 2016.
---------------------------------------------------------------------------
Another source of data that the applicant cited to support its
assertions regarding substantial clinical improvement is an abstract by
Pinnaduwage, D., et al. Also submitted in the application were
abstracts from 2014 through 2018 in which updates from the progression-
free survival study and the BNI study were presented at specialty
society clinical conferences. The following summarizes the findings
cited by the applicant to support its assertions regarding substantial
clinical improvement.
Regarding the assertion of local control, the 2018 article which
was published in the Journal of Neurosurgery found that, with a median
follow-up of 15.4 months (range 0.03-47.5 months), there were 2
reported cases of recurrence out of 20 meningiomas, with median
treatment site progression time after surgery and brachytherapy with
the GammaTileTM precursor and prototype devices not yet
being reached, compared to 18.3 months in prior instances. Median
overall survival after resection and brachytherapy was 26 months, with
9 patient deaths. In a presentation at the Society for Neuro-Oncology
in November 2014,\184\ the outcomes of 20 patients who were diagnosed
with 27 tumors covering a variety of histological types treated with
the GammaTileTM prototype were presented. The applicant
noted the following with regard to the patients: (1) All tumors were
intracranial, supratentorial masses and included low- and high-grade
meningiomas, metastases from various primary cancers, high-grade
gliomas, and others; (2) all treated masses were recurrent following
treatment with surgery and/or radiation and the group averaged two
prior craniotomies and two prior courses of external beam radiation
treatment; and (3) following surgical excision, the prototype
GammaTileTM were placed in the resection cavity to deliver a
dose of 60 Gray to a depth of 5 mm of tissue; and (4) all patients had
previously experienced regrowth of their tumors at the site of
treatment and the local control rate of patients entering the study was
0 percent.
---------------------------------------------------------------------------
\184\ Dardis, C., ``Surgery and Permanent Intraoperative
Brachytherapy Improves Times to Progression of Recurrent
Intracranial Neoplasms,'' Society for Neuro-Oncology, November 2014.
---------------------------------------------------------------------------
With regard to outcomes, the applicant stated that, after their
initial treatment, patients had a median progression-free survival time
of 5.8 months; post treatment with the prototype
GammaTileTM, at the time of this analysis, only 1 patient
had progressed at the treatment site, for a local control rate of 96
percent; and median progression-free survival time, a measure of how
long a patient lives without recurrence of the treated tumor, had not
been reached (as this value can only be calculated when more than 50
percent of treated patients have failed the prescribed treatment).
The applicant stated that it received two peer-reviewed awards for
comprehensive clinical trial reporting on the treatment of 79 recurrent
brain tumors treated with GammaTile. The applicant provided a recent
summary presentation titled: ``Surgically Targeted Radiation Therapy: A
Prospective Trial in 79 Recurrent, Previously Irradiated Intracranial
Neoplasms.'' at The American Brachytherapy Society.\185\ The clinical
endpoints included time to
[[Page 32624]]
tumor progression and survival, which the applicant stated provided
objective, clinically important measures. The median local control
after GammaTile therapy versus prior treatment was 12.0 versus 9.5
months for high-grade glioma patients (p=0.13) and 48.8 months versus
23.3 months for menigioma patients (p=0.01). For the metastasis
patients, the median local control had not been reached versus 5.1
months with prior treatment (p=0.02). The median overall survival was
12.0 months for high grade glioma patients, 12.0 months for brain
metastasis patients, and 49.2 months for the meningioma patients.
According to the applicant, these data demonstrate dramatic, clinically
meaningful difference in Kaplan-Meier curves comparing time to local
recurrence at same site in the same patients. The applicant stated that
GammaTileTM is significantly outperforming the initial
therapies attempted in this patient population.
---------------------------------------------------------------------------
\185\ Brachman D, Youssef E, Dardis C, et al.: Surgically
Targeted Radiation Therapy: Safety Profile of Collagen Tile
Brachytherapy in 79 Recurrent, Previously Irradiated Intracranial
Neoplasms on a Prospective Clinical Trial. Brachytherapy 18 (2019)
S35-36.
---------------------------------------------------------------------------
The applicant also cited the findings from Brachman, et al. to
support local control of recurrent brain tumors. At the Society for
Neuro-Oncology Conference on Meningioma in June 2016,\186\ a second set
of outcomes on the prototype GammaTileTM was presented. This
study enrolled 16 patients with 20 recurrent Grade II or III
meningiomas, who had undergone prior surgical excision external beam
radiation therapy. These patients underwent surgical excision of the
tumor, followed by adjuvant radiation therapy with the prototype
GammaTileTM. The applicant noted the following outcomes (1)
of the 20 treated tumors, 19 showed no evidence of radiographic
progression at last follow-up, yielding a local control rate of 95
percent; 2 of the 20 patients exhibited radiation necrosis (1
symptomatic, 1 asymptomatic); and (2) the median time to failure from
the prior treatment with external beam radiation therapy was 10.3
months and after treatment with the prototype GammaTileTM
only 1 patient failed at 18.2 months. Therefore, according to the
applicant, the median treatment site progression-free survival time
after the prototype GammaTileTM treatment had not yet been
reached (average follow-up of 16.7 months, range 1 to 37 months).
---------------------------------------------------------------------------
\186\ Brachman, D., et al., ``Surgery and Permanent
Intraoperative Brachytherapy Improves Time to Progress of Recurrent
Intracranial Neoplasms,'' Society for Neuro-Oncology Conference on
Meningioma, June 2016.
---------------------------------------------------------------------------
A third prospective study was accepted for presentation at the
November 2016 Society for Neuro-Oncology annual meeting.\187\ In this
study, 13 patients who were diagnosed with recurrent high-grade gliomas
(9 with glioblastoma and 4 with Grade III astrocytoma) were treated in
an identical manner to the cases previously described. Previously, all
patients had failed the international standard treatment for high-grade
glioma, a combination of surgery, radiation therapy, and chemotherapy
referred to as the ``Stupp regimen.'' For the prior therapy, the median
time to failure was 9.2 months (range 1 to 40 months). After therapy
with a prototype GammaTileTM, the applicant noted the
following: (1) The median time to same site local failure had not been
reached and 1 failure was seen at 18 months (local control 92 percent);
and (2) with a median follow-up time of 8.1 months (range 1 to 23
months) 1 symptomatic patient (8 percent) and 2 asymptomatic patients
(15 percent) had radiation-related MRI changes. However, no patients
required re-operation for radiation necrosis or wound breakdown. Dr.
Youssef was accepted to present at the 2017 Society for Neuro-Oncology
annual meeting, where he provided an update of 58 tumors treated with
the GammaTileTM technology. At a median whole group follow-
up of 10.8 months, 12 patients (20 percent) had a local recurrence at
an average of 11.33 months after implant. Six- and 18-month recurrence-
free survival was 90 percent and 65 percent, respectively. Five
patients had complications, at a rate that was equal to or lower than
rates previously published for patients without access to the
GammaTileTM technology.
---------------------------------------------------------------------------
\187\ Youssef, E., ``C-131 Implants for Salvage Therapy of
Recurrent High Grade Gliomas,'' Society for Neuro-Oncology Annual
Meeting, November 2016.
---------------------------------------------------------------------------
In support of its assertion of a reduction in radiation necrosis,
the applicant also included discussion of a presentation by D.S.
Pinnaduwage, Ph.D., at the August 2017 annual meeting of the American
Association of Physicists in Medicine. Dr. Pinnaduwage compared the
brain radiation dose of the GammaTileTM technology with
other radioactive seed sources. Iodine-125 and palladium-103 were
substituted in place of the cesium-131 seeds. The study reported
findings that other radioactive sources reported higher rates of
radiation necrosis and that ``hot spots'' increased with larger tumor
size, further limiting the use of these isotopes. The study concluded
that the larger high-dose volume with palladium-103 and iodine-125
potentially increases the risk for radiation necrosis, and the
inhomogeneity becomes more pronounced with increasing target volume.
The applicant also cited a presentation by Dr. Pinnaduwage at the
August 2018 annual meeting of the American Association of Physicists in
Medicine, in which research findings demonstrated that seed migration
in collagen tile implantations was relatively small for all tested
isotopes, with Cesium-13 showing the least amount of seed migration.
The applicant asserted that, when considered in total, the data
reported in these presentations and studies and the intermittent data
presented in their abstracts support the conclusion that a significant
therapeutic effect results from the addition of GammaTileTM
radiation therapy to the site of surgical removal. According to the
applicant, the fact that these patients had failed prior best available
treatments (aggressive surgical and adjuvant radiation management)
presents the unusual scenario of a salvage therapy outperforming the
current standard of care. The applicant noted that follow-up data
continues to accrue on these patients.
Regarding the assertion that GammaTileTM reduces
mortality, the applicant stated that the use of the
GammaTileTM technology reduces rates of mortality compared
to alternative treatment options. The applicant explained that studies
on the GammaTileTM technology have shown improved local
control of tumor recurrence. According to the applicant, the results of
these studies showed local control rates of 92 percent to 96 percent
for tumor sites that had local control rates of 0 percent from previous
treatment. The applicant noted that these studies also have not reached
median progression-free survival time with follow-up times ranging from
1 to 37 months. Previous treatment at these same sites resulted in
median progression-free survival times of 5.8 to 10.3 months.
The applicant further stated that the use of the
GammaTileTM technology reduces rates of radiation necrosis
compared to alternative treatment options. The applicant explained that
the rate of symptomatic radiation necrosis in the
GammaTileTM clinical studies of 5 to 8 percent is
substantially lower than the 26 percent to 57 percent rate of
symptomatic radiation necrosis requiring re-operation historically
associated with brain brachytherapy, and lower than the rates reported
for initial treatment of similar tumors with modern external beam and
stereotactic radiation techniques. The applicant
[[Page 32625]]
indicated that this is consistent with the customized and ideal
distribution of radiation therapy provided by the
GammaTileTM technology.
The applicant also asserted that the use of the
GammaTileTM technology reduces the need for re-operation
compared to alternative treatment options. The applicant explained that
patients receiving a craniotomy, followed by external beam radiation
therapy or brachytherapy, could require re-operation in the following
three scenarios:
Tumor recurrence at the excision site could require
additional surgical removal;
Symptomatic radiation necrosis could require excision of
the affected tissue; and
Certain forms of brain brachytherapy require the removal
of brachytherapy sources after a given period of time.
However, according to the applicant, because of the high local
control rates, low rates of symptomatic radiation necrosis, and short
half-life of cesium-131, the GammaTileTM technology will
reduce the need for re-operation compared to external beam radiation
therapy and other forms of brain brachytherapy.
Additionally, the applicant stated that the use of the
GammaTileTM technology reduces the need for additional
hospital visits and procedures compared to alternative treatment
options. The applicant noted that the GammaTileTM technology
is placed during surgery, and does not require any additional visits or
procedures. The applicant contrasted this improvement with external
beam radiation therapy, which is often delivered in multiple fractions
that must be administered over multiple days. The applicant provided an
example where whole brain radiotherapy (WBRT) is delivered over 2 to 3
weeks, while the placement of the GammaTileTM technology
occurs during the craniotomy and does not add any time to a patient's
recovery.
Based on consideration of all of the previously presented data, the
applicant believed that the use of the GammaTileTM
technology represents a substantial clinical improvement over existing
technologies. We note that the clinical data submitted to date in
connection with its application for new technology add-on payments for
FY 2021 is essentially identical to what was submitted in connection
with its application for new technology add-on payments for FY 2020. As
we indicated in previous rulemaking (84 FR 42260 through 42265), the
findings presented appear to be derived from relatively small case-
studies and not data from clinical trials conducted under an FDA-
approved investigational device exemption application. We note that the
study performed on 74 patients with 79 tumors was a single-arm and
single-institution study, where each patient functioned as their own
control and the study goal was to compare the time to local recurrence
after GammaTileTM treatment to the time of local recurrence
after initial treatment of intracranial tumors. That is, the control
arm were patients treated for initial intracranial brain tumors, and
the treatment arm or the GammaTileTM treatment arm were the
same control patients now experiencing local recurrent intracranial
brain tumors in the same site with the same brain tumor type. In this
clinical trial, the applicant compared the time from initial treatment
to first local recurrence (control arm) vs. time from
GammaTileTM treatment of first local recurrence to second
local recurrence of the same brain tumor site and tumor type. There was
a statistically significant difference between the control arm
treatment and GammaTileTM treatment for patients with
recurrent meningioma and brain metastases and no statistically
significant difference between the control arm treatment and
GammaTileTM treatment for patients with recurrent high-grade
glioma.
We continue to have concerns that, while the applicant described
increases in median time to disease recurrence for certain intra-
cranial tumors (in a small number of patients with different
histologies) in support of clinical improvement, the lack of analysis,
meta-analysis, or statistical tests indicates that the clinical
efficacy and safety data for seeded brachytherapy is limited. While we
acknowledge the difficulty in establishing randomized control groups in
studies involving recurrent brain tumors, we are concerned that
GammaTileTM technology does not represent a substantial
clinical improvement over existing therapies and requires additional
clinical data to demonstrate substantial clinical improvement. We note
that the applicant has stated its intention to provide additional
clinical data and information in connection with its application for
new technology add-on payments for FY 2021, potentially including an
update on patient outcomes from the completed clinical trial
(ClinicalTrials.gov, NCT03088579), additional clinical data from early
adopting locations, and additional meta-analysis to address the
concerns previously raised by CMS.
We invite public comments on whether the GammaTileTM
technology meets the substantial clinical improvement criterion. We did
not receive any written comments in response to the New Technology Town
Hall meeting notice published in the Federal Register regarding the
substantial clinical improvement criterion for GammaTileTM
or at the New Technology Town Hall meeting.
g. Hemospray[supreg] Endoscopic Hemostat
Cook Medical submitted an application for new technology add-on
payments for the Hemospray[supreg] Endoscopic Hemostat (Hemospray) for
FY 2021. According to the applicant, Hemospray is indicated by the FDA
for hemostasis of nonvariceal gastrointestinal bleeding. Using an
endoscope to access the gastrointestinal tract, the Hemospray delivery
system is passed through the accessory channel of the endoscope and
positioned just above the bleeding site without making contact with the
GI tract wall. The Hemospray powder, Bentonite, is propelled through
the application catheter, either a 7 or 10 French polyethylene
catheter, by release of CO2 from the cartridge located in
the device handle and sprayed onto the bleeding site. Bentonite can
absorb 5 to 10 times its weight in water and swell up to 15 times its
dry volume. Bentonite rapidly absorbs water and becomes cohesive to
itself and adhesive to tissue forming a physical barrier to aqueous
fluid (for example, blood). Hemospray is not absorbed by the body and
does not require removal as it passes through the GI tract within 72
hours. Hemospray is single use and disposable.
According to the applicant, current standard of care hemostatic
modalities used for the management of nonvariceal gastrointestinal
bleeding have a failure rate of 8 to 15 percent and a rebleeding rate
of 10 to 25 percent, or worse, depending on patient etiology and
morbidity.\188\ The applicant asserted that the risk of morbidity,
mortality, and rebleeding can be predicted using validated scoring
methods such as the Rockall Score (RS).\189\ Cancerous lesions, which
are more frequently identified as a result of advances in locating and
determining the cause of
[[Page 32626]]
bleeding,\190\ have lower rates of hemostasis (as low as 40 percent),
with higher recurrent bleeding rates (over 50 percent within 1 month),
with high 3 month mortality.191 192 Continued bleeding that
is not controlled by conventional techniques, or recurrent bleeding
from the same lesion may be treated by repeated attempts at endoscopic
hemostasis, interventional radiology hemostasis (IRH) with guided
transarterial embolization (TAE), or surgery.\193\ According to the
applicant, a recent systematic review found minimally invasive options
like TAE had re-bleeding rates that were higher than those from surgery
with no significant difference in mortality.\194\ According to the
applicant, patients who are not surgical candidates have very few
options for ``rescue'' when conventional hemostasis techniques fail.
---------------------------------------------------------------------------
\188\ Lau J, Barkun A, Fan D, Kuipers E, Yang Y, Chan F.
Challenges in the management of acute peptic ulcer bleeding. Lancet
2013; 381: 2033-43.
\189\ Mokhtare M, Bozorgi V, Agah S et al. Comparison of
Glasgow-Blatchford score and full Rockall score systems to predict
clinical outcomes in patients with upper gastrointestinal bleeding.
Clin. Exp. Gastroenterol. 2016; 9: 337-43.
\190\ Heller SJ, Tokar JL, Nguyen MT, et al. Management of
bleeding GI tumors. Gastrointest Endosc 2010;72:817-24.
\191\ Kim YI, Choi IJ, Cho SJ, et al. Outcome of endoscopic
therapy for cancer bleeding in patients with unresectable gastric
cancer. J Gastroenterol Hepatol 2013;28:1489-95.
\192\ Roberts SE, Button LA, Williams JG. Prognosis following
upper gastrointestinal bleeding. PLoS One 2012;7:e49507.
\193\ Lau JY, Sung JJ, Lam YH, et al. Endoscopic retreatment
compared with surgery in patients with recurrent bleeding after
initial endoscopic control of bleeding ulcers. N Engl J Med 1999;
340: 751-756.
\194\ Beggs AD, Dilworth MP, Powell SL, et al. A systematic
review of transarterial embolization versus emergency surgery in
treatment of major nonvariceal upper gastrointestinal bleeding. Clin
Exp Gastroenterol 2014; 7: 93-104.
---------------------------------------------------------------------------
The applicant asserted that, in addition to increased morbidity and
mortality, the financial impact of failure to achieve hemostasis is
considerable. Based on a retrospective claims analysis by the applicant
of the 2012 MedPAR file and the Provider of Services file, 13,501 cases
were identified which showed all-cause mortality for patients requiring
more than 1 endoscopy (6%), IRH (9%), or surgery (14%) was
significantly higher than for patients requiring only 1 endoscopy
(3%).\195\ The median hospital costs for these patients were
considerable, with costs for patients requiring over 1 endoscopy of
$20,055, for patients requiring IRH of $34,730, and for patients
requiring surgery of $47,589. According to the applicant, Hemospray is
an alternative to IRH and surgery and the applicant asserts it would
avoid the costs associated with these procedures.
---------------------------------------------------------------------------
\195\ Roy A, Kim M, Hawes R, Varadarajulu S. The clinical and
cost implications of failed endoscopic hemostasis in gastroduodenal
ulcer bleeding. UEG Journal 2017; 5(3): 359-364.
---------------------------------------------------------------------------
With respect to the newness criterion, the applicant for Hemospray
received FDA de novo approval on May 7, 2018. The applicant stated
revisions to the instructions for use were required by the FDA and
therefore the device was not commercially available until July 1, 2018.
The FDA has classified Hemospray as a Class II device for intraluminal
gastrointestinal use. The applicant stated that currently, there is no
ICD-10-PCS code to uniquely identify procedures involving the
administration of Hemospray. We note the applicant submitted a request
for approval for a unique ICD-10-PCS code for the administration of
Hemospray beginning in FY 2021. The applicant stated this technology
does not have a HCPCS code.
According to information submitted by the applicant, Cook Medical
is voluntarily recalling Hemospray[supreg] Endoscopic Hemostat due to
complaints received that the handle and/or activation knob on the
device in some cases has cracked or broken when the device is activated
and in some cases has caused the carbon dioxide cartridge to exit the
handle. The applicant stated that Cook Medical has received 1 report of
a superficial laceration to the user's hand that required basic first
aid; however, there have been no reports of laceration, infection, or
permanent impairment of a body structure to users or to patients due to
the carbon dioxide cartridge exiting the handle. The applicant stated
that Cook Medical has initiated an investigation and will determine the
appropriate corrective action(s) to prevent recurrence of this issue.
According to the applicant, although the recall does restrict
availability of the device, they wish to continue their application for
new technology add-on payment as they believe the use of Hemospray
significantly improves clinical outcomes for certain patient
populations compared to currently available treatments.
As discussed earlier, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would not be considered ``new''
for purposed of new technology add-on payments. The applicant
identified three treatment options currently available for the
treatment of bleeding of the gastrointestinal system, which were
thermal modalities, injection needles, and mechanical modalities. The
applicant stated that thermal modalities are those endoscopic methods
that treat gastrointestinal hemorrhage by means of bipolar
electrocautery, hemostatic graspers, and argon plasma coagulation.
These devices generate heat resulting in edema, coagulation of tissue
protein, and contraction of vessels and indirect activation of the
coagulation cascade. The applicant stated that injection needles treat
gastrointestinal hemorrhage through the injection of various materials
including epinephrine, saline, histocryl, ethanolamine, and ethanol.
This method achieves hemostasis by both mechanical tamponade and
cytochemical mechanisms.\196\ The applicant stated that mechanical
modalities including hemostatic endoclips, detachable loop ligators and
multi-band ligators control gastrointestinal hemorrhage by applying
mechanical pressure to the bleeding site. The applicant claimed these
treatment options (thermal modalities, injection needles, and
mechanical modalities) are insufficient in achieving hemostasis as
evidenced by rates of failed hemostasis of 8 to 15 percent.\197\ The
applicant stated that all the current treatments result in injury to
the tissue, which in some cases can result in a worsening of the
severity of the bleeding or perforation. Furthermore, it stated that
with the exception of argon plasma coagulation, the current hemostatic
modalities require precise targeting of the source of the bleed, which
may limit their utility when diffuse or non-precise bleeding occurs.
According to the applicant, the primary benefit of all endoscopic
hemostasis procedures, including Hemospray, is the achievement of
hemostasis without conversion to interventional radiology or surgery,
both of which carry higher risk of mortality and morbidity.\198\
---------------------------------------------------------------------------
\196\ ASGE, The role of endoscopy in the management of acute
non-variceal upper GI bleeding, Gastrointestinal Endoscopy. 2012;
75(6): 1132-1138.
\197\ Lau J, Barkun A, Fan D, Kuipers E, Yang Y, Chan F.
Challenges in the management of acute peptic ulcer bleeding. Lancet
2013; 381: 2033-43.
\198\ Beggs AD, Dilworth MP, Powell SL, et al. A systematic
review of transarterial embolization versus emergency surgery in
treatment of major nonvariceal upper gastrointestinal bleeding. Clin
Exp Gastroenterol 2014; 7: 93-104.
---------------------------------------------------------------------------
With regard to the first criterion, whether a product uses the same
or similar mechanism of action to achieve a therapeutic outcome, the
application asserted that Hemospray is a novel device in which the
mechanism of action differs from alternative treatments by creating a
diffuse mechanical barrier over the site of bleeding with a non-
thermal, non-traumatic, noncontact modality.
With respect to the second criterion, whether a product is assigned
to the same or different MS-DRG, the applicant did not specifically
comment. The applicant stated that cases involving the use of Hemospray
would span a wide variety of MS-DRGs, but
[[Page 32627]]
that the technology would most likely be used for cases in MS-DRGs 377,
378, and 379 (G.I. Hemorrhage with MCC, with CC, and without CC/MCC,
respectively). We believe that cases involving the use of the
technology would be assigned to the same MS-DRG as cases involving the
current standard of care treatments.
With respect to the third criterion, whether the new use of the
technology involves the treatment of the same or similar type of
disease and the same or similar patient population, we note that the
applicant also did not comment specifically on this criterion. However,
we believe that this technology would be used to treat the same or
similar type of disease and the same or similar patient population as
the current standard of care treatments.
Based on the applicant's statements as summarized previously, the
applicant believes that Hemospray is not substantially similar to other
currently available therapies and/or technologies and meets the
``newness'' criterion. However, we are concerned that the mechanism of
action of Hemospray may be similar to existing endoscopic hemostatic
treatments. Specifically, we note that as described in literature
provided by the applicant, technologies such as Ankaferd Bloodstopper
and EndoClot Polysaccharide Hemostatic System appear to utilize a
similar mechanism of action as Hemospray to achieve hemostasis.\199\
Based on the literature provided by the applicant, EndoClot, a device
developed in California, USA, ``. . . consists of absorbable modified
polymer . . . [which is] biocompatible, non-pyogenic, and starch-
derived compound that rapidly absorbs water from serum and concentrates
platelets, red blood cells, and coagulation proteins at the bleeding
site to accelerate the clotting cascade.'' \200\ EndoClot received
510(k) premarket notification January 18, 2017 and is indicated by the
FDA to assist the delivery of a powdered hemostatic agent to the
treatment site in endoscopic surgeries. Therefore, we are concerned
with the similarity of this mechanism of action. Moreover, as
previously noted, the applicant asserted generally it did not meet the
substantial similarity criteria, but did not specifically address the
second and third substantial similarity criteria. We believe that cases
involving the use of the Hemospray would be assigned to the same MS-DRG
as cases involving the current standard-of-care treatments and that the
technology would be used to treat the same or similar type of disease
and the same or similar patient population as the current standard-of-
care treatments.
---------------------------------------------------------------------------
\199\ Barkun, A., Moosavi, S., & Martel, M. (2013). Topical
hemostatic agents: A systematic review with particular emphasis on
endoscopic application in GI bleeding. Gastrointestinal Endoscopy,
77(5), 692-700.
\200\ Ibid.
---------------------------------------------------------------------------
We are inviting public comments on whether Hemospray is
substantially similar to other currently available therapies and/or
technologies and whether this technology meets the newness criterion.
With regard to the cost criterion, the applicant provided the
following analysis to demonstrate the technology meets the cost
criterion. The applicant asserted patients who would use Hemospray are
identified by using a combination of one ICD-10-PCS procedure code and
one ICD-10-CM diagnosis code. The applicant provided a list of 39 ICD-
10-PCS procedure codes that included 21 Non O.R. digestive system
procedures and 18 Extensive O.R. digestive system procedures. The
applicant provided a list of 32 ICD-10-CM diagnosis codes that included
29 principal diagnoses in MS-DRGs 377, 378, and 379 (G.I. Hemorrhage
with MCC, with CC, and without CC/MCC, respectively) and 3 principal
diagnoses in MDC 06 (Diseases and Disorders of the Digestive System)
across 10 MS-DRG classifications. The applicant extracted claims from
the FY 2018 MedPAR final rule dataset based on the presence of one
procedure and one diagnosis code in the list provided. The applicant
stated MS-DRGs 377, 378, and 379 made up 3 of the top 4 MS-DRGs by
volume and about 64 percent of cases were grouped to these 3 MS-DRGs.
The applicant stated consequently they limited their analysis to the
cases assigned to MS-DRGs 377, 378, and 379 and those claims that would
be used for IPPS rate setting. The applicant identified a total of
40,012 cases.
The applicant first calculated a case weighted threshold of $46,568
based upon the dollar threshold for each MS-DRG grouping and the
proportion of cases in each MS-DRG. The applicant then calculated the
average charge per case. The applicant stated Hemospray may not replace
other therapies occurring during an inpatient stay and therefore chose
to not remove charges for the prior technology or technology being
replaced. Next the applicant calculated the average standardized charge
per case using the FY 2018 IPPS Final Rule Impact file. The 2-year
inflation factor of 11.1% (1.11100) was obtained from the FY 2020 IPPS/
LTCH PPS final rule and applied to the average standardized charge per
case. To determine the charges for Hemospray, the applicant used the
inverse of the FY 2020 IPPS/LTCH PPS final rule supplies and equipment
national average CCR of 0.299, based on an assumption that hospitals
would use the inverse of the national average CCR for supplies and
equipment to mark-up charges, and therefore assumed an average charge
for Hemospray of $8,361.20. The applicant calculated the final inflated
average case-weighted standardized charge per case by adding the
charges for the new technology to the inflated average standardized
charge per case. The applicant determined a final inflated average
case-weighted standardized charge per case of $60,193, which exceeds
the average case-weighted threshold amount of $46,568.
We are inviting public comments on whether Hemospray meets the cost
criterion.
With respect to the substantial clinical improvement criterion, the
applicant asserted that Hemospray represents a substantial clinical
improvement over existing technologies. According to the applicant,
Hemospray is a topically applied mineral powder that offers a novel
primary treatment option for endoscopic bleeding management, serves as
an option for patients who fail conventional endoscopic treatments, and
serves as an alternative to interventional radiology hemostasis (IRH)
and surgery. Broadly, the applicant outlined two treatment areas in
which it asserted Hemospray would provide a substantial clinical
improvement: (1) As a primary treatment or a rescue treatment after the
failure of a conventional method, and (2) in the use for the treatment
of malignant lesions.
The applicant provided eight articles specifically for the purpose
of addressing the substantial clinical improvement criterion. Three
articles are systematic reviews, three are prospective studies, and two
are retrospective studies.
The first article provided by the applicant was a prospective
single armed multicenter phase two safety and efficacy study performed
in France.\201\ From March 2013 to January 2015, 64 endoscopists in 20
centers enrolled 202 patients in the study in which Hemospray was used
as either a first line treatment (46.5%) or salvage therapy (53.5%)
following the unsuccessful treatment with another method. The
indication for Hemospray as a first-line therapy or salvage therapy
[[Page 32628]]
was at the discretion of the endoscopist. Of the 202 patients the mean
age was 68.9, 69.3 percent were male, and all patients were classified
into four primary etiologic groups: Ulcers (37.1%), malignant lesions
(30.2%), post-endoscopic bleeding (17.3%), and other (15.3%). Patients
were further classified by the American Society of Anesthesiologist
(ASA) physical status scores with 4.5 percent as a normal healthy
patient, 24.3 percent as a patient with mild systemic disease, 46
percent as a patient with severe systemic disease, 22.8 percent as a
patient with severe systemic disease that is a constant threat to life,
and 2.5 percent as a moribund patient who is not expected to survive
without an operation.202 203 Immediate hemostasis was
achieved in 96.5 percent across all patients; among treatment subtypes
immediate hemostasis was achieved in 96.8 percent of first-line treated
patients and 96.3 percent of salvage therapy patients. At day 30 the
overall rebleeding was 33.5 percent of 185 patients with cumulative
incidences of 41.4 percent for ulcers, 37.7 percent for malignant
lesions, 17.6 percent for post-endoscopic bleedings, and 25 percent for
others. When Hemospray was used as a first-line treatment, rebleeding
at day 30 occurred in 26.5 percent (22/83) of overall lesions, 30.8
percent of ulcers, 33.3 percent of malignant lesions, 13.6 percent of
post-endoscopic bleedings, and 22.2 percent of other. When Hemospray
was used as a salvage therapy, rebleeding at day 30 occurred in 39.2
percent (40/102) of overall lesions, 43.9 percent of ulcers, 50.0
percent of malignant lesions, 25.0 percent of post-endoscopic
bleedings, and 26.3 percent for others. According to the article, the
favorable hemostatic results seen from Hemospray are due to its
threefold mechanism of action: Formation of a mechanical barrier;
concentration of clotting factors at the bleeding site; and enhancement
of clot formation.\204\ No severe adverse events were noted, however
the authors note the potential for pain exists due to the use of carbon
dioxide. Lastly, the authors stated that while Hemospray was found to
reduce the need for radiological embolization and surgery as salvage
therapies, it was not found to be better than other hemostatic methods
in terms of preventing rebleeding of ulcers.
---------------------------------------------------------------------------
\201\ Haddara S, Jacques J, Lecleire S et al. A novel hemostatic
powder for upper gastrointestinal bleeding: A multicenter study (the
GRAPHE registry). Endoscopy 2016; 48: 1084-95.
\202\ Ibid.
\203\ ASA House of Delegates/Executive Committee. (2014, October
15). ASA Physical Status Classification System. Retrieved from
American Society of Anesthesiologists: https://www.asahq.org/standards-and-guidelines/asa-physical-status-classification-system.
\204\ Haddara S, Jacques J, Lecleire S et al. A novel hemostatic
powder for upper gastrointestinal bleeding: A multicenter study (the
GRAPHE registry). Endoscopy 2016; 48: 1084-95.
---------------------------------------------------------------------------
A second article provided by the applicant contained a systematic
review of published Hemospray case data summarizing 17 human and 2
animal studies.\205\ The authors do not provide the total number of
articles reviewed but do provide search terms and engines used to
conduct the review. The studies included in this review included 6 case
reports and 13 case series taking place in North America, Europe, Hong
Kong, and Egypt up until August 2014. A total of 234 cases were
identified of which 28.2 percent involved gastric bleeding, 6.4 percent
esophageal bleeding, 26.5 percent duodenal bleeding, 3.85 percent
bleeding of the gastroesophageal junction, and 11 percent bleeding of
the lower gastrointestinal tract. (We note it is unclear what form of
bleeding the remaining 24.1 percent of cases addressed.) The mean size
of the bleeding source was 37.4 mm ranging from 8 mm to 350 mm.
Hemospray was used as a primary and sole treatment in 83 percent of
cases while 17 percent of cases used Hemospray as a follow-up
treatment. Hemospray achieved hemostasis in 88.5 percent of all
reviewed cases. Within the 72-hour post-treatment period, rebleeding
occurred in 16.2 percent of patients and 27.3 percent of animal models.
The authors acknowledge the potential for rare adverse events such as
embolism, intestinal obstruction, and allergic reaction, but state no
procedure related adverse events were associated with Hemospray.\206\
---------------------------------------------------------------------------
\205\ Changela K, Papafragkakis H, Ofori E, et al. Hemostatic
powder spray: A new method for managing gastrointestinal bleeding.
Ther Adv Gastroenterol 2015; 8(3): 125-135.
\206\ Ibid.
---------------------------------------------------------------------------
The applicant provided a third article consisting of an abstract
from another systematic review article.\207\ The abstract purports to
cover a review of prospective, retrospective, and randomized control
trials evaluating Hemospray as a rescue therapy. Eighty-five articles
were initially identified and 23 were selected for review. Of those, 5
studies were selected which met the inclusion criteria of the analysis.
The median age of patients was 69, 68 percent were male. The abstract
concludes that when used as a rescue therapy after the failure of
conventional endoscopic modalities, in nonvariceal gastrointestinal
bleeding, Hemospray seems to have significantly higher rates of
immediate hemostasis.
---------------------------------------------------------------------------
\207\ Moole, V., Chatterjee, T., Saca, D., Uppu, A., Poosala,
A., & Duvvuri, A. A Systematic review and meta-analysis: Analyzing
the efficacy of hemostatic nanopowder (TC-325) as rescue therapy in
patients with nonvariceal upper gastrointestinal bleeding.
Gastroenterology 2019; 156(6), S-741.
---------------------------------------------------------------------------
A fourth article provided by the applicant described a single-arm
retrospective analytical study of 261 enrolled patients conducted at 21
hospitals in Spain.\208\ The mean age was 67 years old, 69 percent of
patients were male, and the overall technical success, defined as
correct assembled and delivery of Hemospray to a bleeding lesion, was
97.7 percent (95.1%-99.2%). The most common causes of bleeding in
patients were peptic ulcer (28%), malignancy (18.4%), therapeutic
endoscopy-related (17.6%), and surgical anastomosis (8.8%). Overall,
93.5 percent (89.5%-96%) of procedures achieved hemostasis. Recurrent
bleeding, defined as (1) a new episode of bleeding symptoms, (2) a
decrease in hemoglobin of >2 g/dL within 48 hours of an index endoscopy
or >3g/dL in 24 hours, or (3) direct visualization of active bleeding
at the previously treated lesion on repeat endoscopy, had a cumulative
incidence at 3 and 30 days of 16.1 percent (11.9%-21%) and 22.9 percent
(17.8%-28.3%) respectively. The overall risk of Hemospray failure at 3
and 30 days was 21.1 percent (16.4%-26.2%) and 27.4 percent (22.1%-
32.9%) respectively with no statistically significant differences
(p=0.07) between causes at 30 days (for example peptic ulcer,
malignancy, anastomosis, therapeutic endoscopy-related, and other
causes). With the use of multivariate analysis spurting bleeding vs.
nonspurting bleeding (subdistribution hazard ratio [sHR] 1.97 (1.24-
3.13)), hypotension vs. normotensive (sHR 2.14 (1.22-3.75)), and the
use of vasoactive drugs (sHR 1.80 (1.10-2.95)) were independently
associated with Hemospray failure. The overall 30-day survival was 81.9
percent (76.5%-86.1%) with 46 patients dying during follow-up and 22
experiencing bleeding related deaths; twenty patients (7.6%) with
intraprocedural hemostasis died before day 30. The authors indicated
the majority of Hemospray failures occurred within the first 3 days and
the rate of immediate hemostasis was similar to literature reports of
intraprocedural success rates of over 90 percent. The authors stated
that the hemostatic powder of Hemospray is eliminated from the GI tract
as early as 24 hours after use, which could explain the wide ranging
recurrent bleeding percentage. The authors reported that
[[Page 32629]]
importantly, adverse events are rare, but cases of abdominal
distension, visceral perforation, transient biliary obstruction, and
splenic infarct have been reported; one patient involved in this study
experienced an esophageal perforation without a definitive causal
relationship.
---------------------------------------------------------------------------
\208\ Rodriguez de Santiago E, Burgos-Santamaria D, Perez-Carazo
L, et al. Hemostatic spray TC-325 for GI bleeding in a nationwide
study: Survival analysis and predictors of failure via competing
risks analysis. Gastrointest Endosc 2019; 90(4), 581-590.
---------------------------------------------------------------------------
A fifth article provided by the applicant described a single-arm
multicenter prospective registry involving 314 patients in Europe which
collected data on days 0, 1, 3, 7, 14, and 30 after endotherapy with
Hemospray.\209\ The outcomes of interest in this study were immediate
endoscopic hemostasis (observed cessation of bleeding within 5 minutes
post Hemospray application) with secondary outcomes of rebleeding
immediately following treatment and during follow-up, 7 and 30 day all-
cause mortality, and adverse events. The sample was 74 percent male
with a median age of 71 with the most common pathologies of peptic
ulcer (53%), malignancy (16%), post-endoscopic bleeding (16%), bleeding
from severe inflammation (11%), esophageal variceal bleeding (2.5%),
and cases with no obvious cause (1.6%). The median baseline Blatchford
score (BS) and RS were 11 and 7 respectively. The BS ranges from 0 to
23 with higher scores indicating increasing risk for required
endoscopic intervention and is based upon the blood urea nitrogen,
hemoglobin, systolic blood pressure, pulse, presence of melena,
syncope, hepatic disease, and/or cardiac failure.\210\ The RS ranges
from 0 to 11 with higher scores indicating worse potential outcomes and
is based upon age, presence of shock, comorbidity, diagnosis, and
endoscopic stigmata of recent hemorrhage.\211\ Immediate hemostasis was
achieved in 89.5 percent of patients following the use of Hemospray;
only the BS was found to have a positive correlation with treatment
failure in multivariate analysis (OR 1.21 (1.10-1.34)). Rebleeding
occurred in 10.3 percent of patients who achieved immediate hemostasis
again with only the BS having a positive correlation with rebleeding
(OR: 1.13 (1.03-1.25)). At 30 days the all-cause mortality was 20.1
percent with 78 percent of these patients having achieved immediate
endoscopic hemostasis and a cause of death resulting from the
progression of other comorbidities. A subgroup analysis of treatment
type (monotherapy, combination therapy, and rescue therapy groups) was
performed showing no statistically significant difference in immediate
hemostasis across groups (92.4 percent, 88.7 percent, and 85.5 percent
respectively). Higher all-cause mortality rates at 30 days were highest
in the monotherapy group (25.4%, p=0.04) as compared to all other
groups. According to the authors, in comparison to major recent studies
they were able to show lower rebleeding rates overall and in all
subgroups despite the high-risk population.\212\ The authors further
note limitations in that the inclusion of patients was nonconsecutive
and at the discretion of the endoscopist, at the time of the endoscopy,
which allows for the potential introduction of selection bias, which
may have affected these study results.
---------------------------------------------------------------------------
\209\ Alzoubaidi D, Hussein M, Rusu R, et al. Outcomes from an
international multicenter registry of patients with acute
gastrointestinal bleeding undergoing endoscopic treatment with
Hemospray. Digestive Endoscopy 2019.
\210\ Saltzman, J. (2019, October). Approach to acute upper
gastrointestinal bleeding in adults. (M. Feldman, Editor) Retrieved
from UpToDate: https://www.uptodate.com/contents/approach-to-acute-upper-gastrointestinal-bleeding-in-adults.
\211\ Ibid.
\212\ Alzoubaidi D, Hussein M, Rusu R, et al. Outcomes from an
international multicenter registry of patients with acute
gastrointestinal bleeding undergoing endoscopic treatment with
Hemospray. Digestive Endoscopy 2019.
---------------------------------------------------------------------------
The fifth article also described the utility of Hemospray in the
treatment of malignant lesions. According to the applicant, malignant
lesions pose a significant clinical challenge as successful hemostasis
rates are as low as 40 percent with high recurrent bleeding over 50
percent within 1 month following standard treatments.213 214
The applicant added that bleeding from tumors is often diffuse and
consists of friable mucosa decreasing the utility of traditional
treatments (for example, ligation, cautery). From the fifth article,
the applicant noted that 50 patients were treated for malignant
bleeding with an overall immediate hemostasis in 94 percent of
patients.\215\ Of the 50 patients, 33 were treated with Hemospray
alone, 11 were treated with Hemospray as the final treatment, and 4
were treated with Hemospray as a rescue therapy of which 100 percent,
84.6 percent and 75 percent experienced immediate hemostasis
respectively.\216\ Similarly, from the first discussed article, the
applicant noted that among malignant bleeding patients, 95.1 percent
achieved immediate hemostasis with lower rebleeding rates at 8 days
when Hemospray was used as a primary treatment as compared to when used
as a rescue therapy (17.1 percent vs. 46.7 percent respectively).\217\
The applicant concluded that Hemospray may provide an advantage as a
primary treatment to patients with malignant bleeding.
---------------------------------------------------------------------------
\213\ Kim YI, Choi IJ, Cho SJ, et al. Outcome of endoscopic
therapy for cancer bleeding in patients with unresectable gastric
cancer. J Gastroenterol Hepatol 2013;28:1489-95.
\214\ Roberts SE, Button LA, Williams JG. Prognosis following
upper gastrointestinal bleeding. PLoS One 2012;7:e49507.
\215\ Alzoubaidi D, Hussein M, Rusu R, et al. Outcomes from an
international multicenter registry of patients with acute
gastrointestinal bleeding undergoing endoscopic treatment with
Hemospray. Digestive Endoscopy 2019.
\216\ Alzoubaidi D, Hussein M, Rusu R, et al. Outcomes from an
international multicenter registry of patients with acute
gastrointestinal bleeding undergoing endoscopic treatment with
Hemospray. Digestive Endoscopy 2019.
\217\ Haddara S, Jacques J, Lecleire S et al. A novel hemostatic
powder for upper gastrointestinal bleeding: A multicenter study (the
GRAPHE registry). Endoscopy 2016; 48: 1084-95.
---------------------------------------------------------------------------
A sixth article provided by the applicant consisted of a systematic
review from January 1950 to August 2014 concerning all available
powdered topical hemostatic agents.\218\ Of an initial 3,799 articles,
105 were initially reviewed and after excluding nonendoscopic data,
review articles, in vitro studies, and animal models 61 articles were
ultimately included in the study. Three primary hemostatic agents were
identified in this review, the Ankaferd Blood Stopper (ABS), Hemospray,
and EndoClot. The applicant noted the authors of this article
identified 131 high risk patients treated with Hemospray, of which 28
had tumor bleeding. According to the applicant, all 28 patients
achieved immediate hemostasis with 25 percent experiencing rebleeding
at 7-day follow-up. The overall immediate hemostasis in this particular
study was 91.6 percent and 7-day rebleeding 25.8 percent among high-
risk rebleeding patients.\219\
---------------------------------------------------------------------------
\218\ Chen Y-I, Barkun A. Hemostatic powders in gastrointestinal
bleeding, a systematic review. Gastrointest Endoscopy Clin N Am
2015; 25: 535-552.
\219\ Ibid.
---------------------------------------------------------------------------
The applicant provided a seventh article which consisted of a
journal pre-proof article detailing a 1:1 randomized control trial of
20 patients treated with Hemospray versus the standard of care (for
example, thermal and injection therapies) in the treatment of malignant
gastrointestinal bleeding.\220\ The goals of this pilot study were to
determine the feasibility of a definitive trial. The primary outcome of
the study was immediate hemostasis (absence of bleeding after 3
minutes) with secondary outcomes of recurrent bleeding at days 1, 3,
30, 90, and 180 and adverse events at days 1, 30, and
[[Page 32630]]
180. The mean age of patients was 67.2, 75 percent were male, and on
average patients presented with 2.9 1.7 comorbidities. All
patients had active bleeding at endoscopy and the majority of patients
had an ASA score of 2 (45%) or 3 (40%). Immediate hemostasis was
achieved in 90 percent of Hemospray patients and 40 percent of standard
of care patients (5 injection alone, 3 thermal, 1 injection with clips,
and 1 unknown). Of those patients in the control group, 83.3 percent
crossed over to the Hemospray treatment. One patient died while being
treated with Hemospray from exsanguination; post-mortem examination
demonstrated that bleeding was caused by rupture of a malignant
inferior mesenteric artery aneurysm. Overall, 86.7 percent of patients
treated with Hemospray initially or as crossover treatment achieved
hemostasis. Recurrent bleeding was lower in the Hemospray group (20%)
as compared to the control group (60%) at 180 days. Forty percent of
the treated group received blood transfusions as compared to 70 percent
of the control group. The overall length of stay was 14.6 days among
treated patients as compared to 9.4 in the control group. Mortality at
180 days was 80 percent in both the treated and control groups. The
authors noted the potential for operator bias in the use of Hemospray
prior to switching to another method when persistent bleeding exists.
Lastly, the authors noted that while they did not occur during this
study, there are concerns around the risks of perforation, obstruction,
and systemic embolization with the use of Hemospray.
---------------------------------------------------------------------------
\220\ Chen Y-I, Wyse J, Lu Y, Martel M, Barkun AN, TC-325
hemostatic powder versus current standard of care in managing
malignant GI bleeding: A pilot randomized clinical trial.
Gastrointestinal Endoscopy (2019), doi: https://doi.org/10.1016/j.gie.2019.08.005.
---------------------------------------------------------------------------
An eighth article provided by the applicant described a single-arm
multicenter retrospective study from 2011 to 2016 involving 88 patients
who bled as a result of either a primary GI tumor or metastases to the
GI tract.\221\ In this study the authors define immediate hemostasis as
no further bleeding at least one minute after treatment with Hemospray
and recurrent bleeding was suspected if one of seven criteria were met:
(1) Hematemesis or bloody nasogastric tube >6 hours after endoscopy;
(2) melena after normalization of stool color; (3) hematochezia after
normalization of stool color or melena; (4) development of tachycardia
or hypotension after >1 hour of vital sign stability without other
cause; (5) decrease in hemoglobin level greater than or equal to 3
hours apart; (6) tachycardia or hypotension that does not resolve
within 8 hours after index endoscopy; or (7) persistent decreasing
hemoglobin of >3 g/dL in 24 hours associated with melena or
hematochezia). The sample for this study consisted of 88 patients (with
a mean age of 65 years old and 70.5 percent male) of which 33.3 percent
possessed no co-morbid illness, and 25 percent were on current
antiplatelet/anticoagulant medication. The mean BS was 8.7 plus or
minus 3.7 with a range from 0 to 18. Overall, 72.7 percent of patients
had a stage 4 adenocarcinoma, squamous cell carcinoma, or lymphoma.
Immediate hemostasis was achieved in 97.7 percent of patients.
Recurrent bleeding occurred among 13 of 86 (15%) and 1 of 53 (1.9%) at
3 and 30 days, respectively. A total of 25 patients (28.4%) died during
the 30-day follow up period. Overall, 27.3 percent of patients re-bled
within 30 days after treatment of which half were within 3 days. Using
multivariate analysis, the authors found patients with good performance
status, no end-stage cancer, or receiving any combination of definitive
hemostasis treatment modalities had significantly greater survival. The
authors acknowledged the recurrent bleeding rate post Hemospray
treatment at 30 days of 38 percent is comparable with that seen in sole
conventional hemostatic techniques and state this implies that
Hemospray does not differ from conventional techniques and remains
unsatisfactory.
---------------------------------------------------------------------------
\221\ Pittayanon R, Rerknimitr R, Barkun A. Prognostic factors
affecting outcomes in patients with malignana GI bleeding treated
with a novel endoscopically delivered hemostatic powder.
Gastrointest Endosc 2018; 87:991-1002.
---------------------------------------------------------------------------
Ultimately, the applicant concluded nonvariceal gastrointestinal
bleeding is associated with significant morbidity and mortality in
older patients with multiple co-morbid conditions. Inability to achieve
hemostasis and early rebleeding are associated with increased cost and
greater resource utilization. According to the applicant, patients with
bleeding from malignant lesions have few options that can provide
immediate hemostasis without further disrupting fragile mucosal tissue
and worsening the active bleed. The applicant asserted Hemospray is an
effective agent that provides immediate hemostasis in patients with GI
bleeding as part of multimodality treatment, as well as when used to
rescue patients who have failed more conventional endoscopic
modalities. Furthermore the applicant stated that in patients with
malignant bleeding in the GI tract, Hemospray provides a high rate of
immediate hemostasis and fewer recurrent bleeding episodes, which in
combination with definitive cancer treatment may lead to improvements
in long term survival. Lastly, the applicant asserted Hemospray is an
important new technology that permits immediate and long-term
hemostasis in GI bleeding cases where standard of care treatment with
clip ligation or cautery are not effective.
We note that the majority of studies provided lack a comparator
when assessing the effectiveness of Hemospray. Three of the articles
provided are systematic reviews of the literature. While we find these
articles helpful in establishing a background for the use of Hemospray,
we are concerned that they may not provide strong evidence of
substantial clinical improvement. Four studies appear to be single-
armed studies assessing the efficacy of Hemospray in the patient
setting. In all of these articles, comparisons are made between
Hemospray and standard of care treatments; however, without the ability
to control for factors such as study design, patient characteristics,
etc., it is difficult to determine if any differences seen result from
Hemospray or confounding variables. Furthermore, within the
retrospective and prospective studies lacking a control subset, some
level of selection bias appears to potentially be introduced in that
providers may be allowed to select the manner and order in which
patients are treated, thereby potentially influencing outcomes seen in
these studies.
Additionally, one randomized control trial provided by the
applicant appears to be in the process of peer-review and is not yet
published. Furthermore, this article is written as a feasibility study
for a potentially larger randomized control trial and contains a sample
of only 20 patients. This small sample size leaves us concerned that
the results are not representative of any larger population. Lastly, as
described we are concerned the control group can receive one of
multiple treatments which lack a clear designation methodology beyond
physician choice. For instance, 50 percent of the control patients
received injection therapy alone, which according to the literature
provided by the applicant is not an acceptable treatment for endoscopic
bleeding. Accordingly, it is not clear whether performance seen in the
treated group as compared to the control group is due to Hemospray
itself or due to confounding factors.
Third, we are concerned with the samples chosen in many of the
studies presented. Firstly, the Medicare population is a diverse group
of men and women. Many of the samples provided by the applicant are
overwhelmingly male. Secondly, many
[[Page 32631]]
of the studies provided were performed in European and other settings
outside of the United States. We are therefore concerned that the
samples chosen within the literature provided may not represent the
Medicare population.
Lastly, we are concerned about the potential for adverse events
resulting from Hemospray. It is unclear from the literature provided by
the applicant what the likelihood of these events is and whether or not
an evaluation for the safety of Hemospray was performed. About one-
third of the articles submitted specifically addressed adverse events
with Hemospray. However, the evaluation of adverse events was limited
and most of the patients in the studies died of disease progression. A
few of the provided articles mention the potential for severe adverse
reactions (for example, abdominal distension, visceral perforation,
biliary obstruction, splenic infarct). Specifically, one article \222\
recorded adverse events related to Hemospray, including abdominal
distention and esophageal perforation.
---------------------------------------------------------------------------
\222\ Rodriguez de Santiago E, Burgos-Santamaria D, Perez-Carazo
L, et al. Hemostatic spray TC-325 for GI bleeding in a nationwide
study: Survival analysis and predictors of failure via competing
risks analysis. Gastrointest Endosc 2019; 90(4), 581-590.
---------------------------------------------------------------------------
We are inviting public comments on whether Hemospray meets the
substantial clinical improvement criterion.
We did not receive any written comments in response to the New
Technology Town Hall meeting notice published in the Federal Register
regarding the substantial clinical improvement criterion for Hemospray
or at the New Technology Town Hall meeting.
h. IMFINZI[supreg] (Durvalumab)
AstraZeneca PLC submitted an application for new technology add-on
payments for IMFINZI[supreg] for FY 2021. According to the applicant,
IMFINZI[supreg] is a selective, high-affinity, human IgG1 monoclonal
antibody (mAb) that blocks programmed death-ligand 1 (PD-L1) binding to
programmed cell death-1 and CD80 without antibody-dependent cell-
mediated cytotoxicity.\223\ IMFINZI[supreg] has multiple indications
but is applying for new technology add-on payments for IMFINZI[supreg]
in combination with etoposide and either carboplatin or cisplatin for
the first-line treatment of patients with extensive-stage small cell
lung cancer (ES-SCLC). IMFINZI[supreg] for the first-line treatment of
patients with ES-SCLC is not yet approved by the FDA.
---------------------------------------------------------------------------
\223\ IMFINZI[supreg] (durvalumab) [Prescribing Information].
Wilmington, DE; AstraZeneca Pharmaceuticals LP, 2019.
---------------------------------------------------------------------------
According to the applicant, the FDA initially approved
IMFINZI[supreg] on May 1, 2017 for the indicated treatment of patients
with locally advanced or metastatic urothelial carcinoma who have
disease progression during or following platinum-containing
chemotherapy or who have disease progression within 12 months of
neoadjuvant or adjuvant treatment with platinum containing
chemotherapy. According to the applicant, this indication received
accelerated approval based on tumor response rate and duration of
response. Continued approval for this indication may be contingent upon
verification and description of clinical benefit in confirmatory
trials.\224\
---------------------------------------------------------------------------
\224\ Ibid.
---------------------------------------------------------------------------
The FDA subsequently approved IMFINZI[supreg] on February 16, 2018
for a second indication, treatment of patients with unresectable, Stage
III non-small cell lung cancer (NSCLC) whose disease has not progressed
following concurrent platinum-based chemotherapy and radiation therapy.
Small cell lung cancer (SCLC) is considered a rare disease, with
approximately 30,000 new cases diagnosed each year, compared to 200,000
cases of NSCLC.\225\ SCLC was among the cancers identified by the
National Cancer Institute for which to develop plans for research under
the Recalcitrant Cancer Research Act of 2012 which supports research
for cancers having a 5-year relative survival rate of less than 20
percent and estimated to cause approximately 30,000 deaths per year in
the U.S.\226\ SCLC is a rapidly progressive disease with poor prognosis
and limited treatment options. The overall 5-year survival rate (early
and late stage) is 6 percent, representing an ongoing significant unmet
need.\227\ The majority (75 percent) of patients are diagnosed in the
late/metastatic stage described as ES-SCLC and are considered
incurable, with a median overall survival of 9-11 months with standard
of care (SOC).228 229 The median overall survival for ES-
SCLC has remained the same for the past 20 years with essentially no
improvements or new therapies in 20 years.\230\ According to the
applicant, the current SOC for first line (1L) treatment of ES-SCLC is
systemic therapy with standard doublet chemotherapy with platinum plus
etoposide, administered for 4-6 cycles following diagnosis. Although
ES-SCLC is highly sensitive to platinum/etoposide in the 1L setting
with response rates of 50-60 percent, the majority of patients will
relapse within the first year of treatment, with a median progression
free survival (PFS) of 4-6 months.\231\ The applicant also asserts that
overall, responses to SOC are short-lived and long-term outcomes remain
poor.
---------------------------------------------------------------------------
\225\ Noone, A.M., Howlader, N., Krapcho, M., Miller, D., Brest,
A., Yu, M., Ruhl, J., Tatalovich, Z., Mariotto, A., Lewis, D.R.,
Chen, H.S., Feuer, E.J., Cronin, K.A. (eds). SEER Cancer Statistics
Review, 1975-2015, National Cancer Institute, Bethesda, MD, https://seer.cancer.gov/csr/1975_2015/, based on November 2017 SEER data
submission, posted to the SEER website, April 2018.
\226\ Accessed October 16, 2018 3. National Cancer Institute.
NCI Dictionary of Cancer Terms--small cell lung cancer; Available at
https://www.cancer.gov/about-nci/legislative/recent-public-laws#recalcitrant-cancer-research-act-of-2012-pl-112-239-s-amdt-3180-to-s-3254hr-4310-112th-congress.
\227\ https://www.cancer.net/cancer-types/lung-cancer-small-cell/statistics.
\228\ Sabari, J.K., Lok, B.H., Laird, J.H., et al.,
``Unravelling the biology of SCLC: Implications for therapy,''
Nature Reviews Clinical Oncology, 2017, 14(9), pp. 549-561.
\229\ Farago, A.F., Keane F.K., ``Current standards for clinical
management of small cell lung cancer,'' Translational Lung Cancer
Research, 2018, 7, pp. 69-79.
\230\ Ibid.
\231\ Hurwitz, J.L., McCoy, F., Scullin, P., et al., ``New
advances in the second-line treatment of small cell lung cancer,''
Oncologist, 2009, 14(10), pp. 986-994.
---------------------------------------------------------------------------
The applicant states that extensive stage small cell lung cancer is
the most rapidly progressive lung cancer, with growth of metastases
that can be extremely fast, with doubling times as low as three to four
days observed in one patient.\232\ The applicant further states that
diagnosis often occurs at later stages and SCLC patients may be sicker
at the time of diagnosis, presenting with other
comorbidities.233 234 For these reasons, the applicant
asserts that a significant number of patients present and are diagnosed
in the hospital inpatient setting. According to the applicant, ES-SCLC
is very responsive to chemotherapy treatment, with response rates to
platinum/etoposide ranging from 44 percent to 78 percent,\235\ and
given the severity of symptoms, it is recommended to initiate treatment
within two weeks of
[[Page 32632]]
diagnosis.\236\ According to the applicant, many patients have clinical
response and improvement of symptoms with the initiation of platinum/
etoposide, confirming the clinical observation that many SCLCs are
highly sensitive to platinum/etoposide in the first-line setting.\237\
The applicant suggests that based on the CASPIAN study design, as
discussed further in this section, patients should receive
IMFINZI[supreg] in combination with chemotherapy beginning in the first
cycle. Thus, the applicant expects patients to receive a single dose of
IMFINZI[supreg] while in the inpatient setting prior to discharge.
---------------------------------------------------------------------------
\232\ Haque, N., Raza, A., McGoey, R., et al., ``Small cell lung
cancer: time to diagnosis and treatment,'' Southern Medical Journal,
2012, 105(8), pp. 418-423.
\233\ Bennett, B.M., Wells, J.R., Panter, C., et al., ``The
humanistic burden of small cell lung cancer (SCLC): A systematic
review of health-related quality of life (HRQoL) literature,''
Frontiers in Pharmacology, 2017, 8, p. 339.
\234\ Aarts, M.J., Aerts, J.G., van den Borne, B.E., et al.,
``Comorbidity in patients with small-cell lung cancer: trends and
prognostic impact,'' Clinical Lung Cancer, 2015, 16(4), pp. 282-291.
\235\ Farago, A.F., Keane, F.K, ``Current standards for clinical
management of small cell lung cancer,'' Translational Lung Cancer
Research, 2018, 7, pp. 69-79.
\236\ Haque, N., Raza, A., McGoey, R., et al., ``Small cell lung
cancer: time to diagnosis and treatment,'' Southern Medical Journal,
2012, 105(8), pp. 418-423.
\237\ Ibid.
---------------------------------------------------------------------------
On November 29, 2019 the FDA accepted a supplemental Biologics
License Application and granted Priority Review for IMFINZI[supreg] for
the treatment of patients with previously untreated ES-SCLC. The FDA
granted IMFINZI[supreg] orphan drug designation in ES-SCLC on July 12,
2019.\238\ As previously noted, IMFINZI[supreg] for the first-line
treatment of patients with ES-SCLC is not yet approved by the FDA.
---------------------------------------------------------------------------
\238\ https://www.accessdata.fda.gov/scripts/opdlisting/oopd/detailedIndex.cfm?cfgridkey=691319.
---------------------------------------------------------------------------
The applicant states that there are no existing ICD-10-PCS codes
that uniquely identify the administration of IMFINZI[supreg]. The
applicant submitted a request for a unique ICD-10-PCS administration
code for the March 2020 ICD-10 Coordination and Maintenance Committee
Meeting.
As previously discussed, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and, therefore, would not be
considered ``new'' for purposes of new technology add-on payments.
With respect to the first criterion, whether a product uses the
same or a similar mechanism of action to achieve a therapeutic outcome,
the applicant asserted that IMFINZI[supreg] offers a novel mechanism of
action for the treatment of ES-SCLC compared to the SOC chemotherapy.
The applicant states that first line SOC treatment of ES-SCLC is
standard chemotherapy, including a platinum agent (typically
carboplatin or cisplatin) plus etoposide.\239\ The mechanism of action
of platinum chemotherapy agents (including cisplatin and carboplatin)
is based on the agent's ability to crosslink with the purine bases on
the DNA; interfering with DNA repair mechanisms, causing DNA damage,
and subsequently inducing apoptosis in cancer cells.240 241
---------------------------------------------------------------------------
\239\ Farago, A.F., Keane, F.K., ``Current standards for
clinical management of small cell lung cancer,'' Translational Lung
Cancer Research, 2018, 7, pp. 69-79.
\240\ Dasari, S., Tchounwou, P.B., ``Cisplatin in cancer
therapy: Molecular mechanisms of action,'' European Journal of
Pharmacology, 2014, 740, pp. 364-378.
\241\ Thirumaran R, Prendergast GC, Gilman PB, ``Cytotoxic
chemotherapy in clinical treatment of cancer,'' In: Prendergast,
G.C., Jaffee, E.M., editors, Cancer Immunotherapy: Immune
Suppression and Tumor Growth, USA: Elsevier Inc, 2007, pp. 101-116,
http://dx.doi.org/10.1016/B978-012372551-6/50071-7.
---------------------------------------------------------------------------
The applicant asserts that etoposide phosphate is a plant alkaloid
prodrug that is converted to its active moiety, etoposide, by
dephosphorylation. Further, the applicant explains etoposide causes the
induction of DNA strand breaks by an interaction with DNA-topoisomerase
II or the formation of free radicals, leading to cell cycle arrest,
primarily at the G2 stage of the cell cycle, and cell
death.242 243
---------------------------------------------------------------------------
\242\ Ibid.
\243\ Etopophos[supreg] (etoposide phosphate) [Prescribing
Information]. Princeton, NJ; Bristol-Myers Squibb, 2019.
---------------------------------------------------------------------------
The applicant states IMFINZI[supreg] is a selective, high-affinity,
human IgG1[kappa] monoclonal antibody that blocks PD-L1 binding to
programmed cell death-1 and CD80 without antibody-dependent cell-
mediated cytotoxicity.\244\ The applicant asserts that IMFINZI[supreg],
in combination with chemotherapy, demonstrated a statistically and
clinically significant improvement in overall survival in a randomized
Phase III study (CASPIAN), which is discussed later in this
section.\245\
---------------------------------------------------------------------------
\244\ Pas-Ares, L., Jiang, H., Huang, Y., et al., A Phase III
Randomized Study of First-Line DurvalumabTremelumimab+Platinum-based Chemotherapy (EP) vs. EP Alone in
Extensive-Stage Disease Small Cell Lung Cancer (ED-SCLC):CASPIAN
[Poster]. Presented at: the ASCO annual meeting, Chicago, IL June 2-
6, 2017.
\245\ Paz-Ares, L., Chen, Y., Reinmuth, N., et al., Overall
Survival with Durvalumab Plus Platinum-Etoposide in First-Line
Extensive-Stage SCLC: Results from the CASPIAN Study [presentation],
Presented at: World Conference on Lung Cancer, Barcelona, Spain,
September 7-10, 2019.
---------------------------------------------------------------------------
With respect to the second criterion, whether a product is assigned
to the same or a different MS-DRG, the applicant asserted that
extensive stage small cell lung cancer patients are identified under
category C34 (Malignant neoplasm of bronchus and lung) of the ICD-10-CM
coding classification system. According to the applicant, category C34
is all encompassing and does not distinguish between the lung cancer
subtypes. The applicant also states that both non-small cell lung
cancer patients as well as earlier stages of small cell lung cancer
(that is, limited stage) are captured under category C34, all of which
have differing epidemiological considerations and treatment
interventions. The applicant concluded that patients diagnosed with ES-
SCLC, identified using category C34, map to MS-DRGs 180, 181, and 182
(Respiratory Neoplasms with MCC, with CC, and without CC/MCC,
respectively). The applicant stated that the existing ICD-10-PCS coding
system does not allow for visibility into the different MS-DRGs that
ES-SCLC patients map to versus NSCLC patients, making it difficult to
show that ES-SCLC patients receiving IMFINZI[supreg] would map to a
unique MS-DRG from NSCLC cases, where IMFINZI[supreg] and other immuno-
oncology therapies are already being used.
To further identify the patient population of interest, the
applicant pulled charge level data from the Premier Hospital Database
to determine which MS-DRGs these cases are mapping to, beyond relying
on the broad lung cancer category C34. The applicant asserts that the
Premier Hospital database is a large U.S. hospital-based, all payer
database that contains discharge information from geographically
diverse non-governmental, community, and teaching hospitals and health
systems across both rural and urban areas. The applicant stated that
this database contains data from standard hospital discharge files
providing access to all procedures, diagnoses, drugs, and devices
received for each patient regardless of the insurance or disease state.
The applicant used charge level hospital data from the Premier Hospital
Database to identify cases that used category C34 as well as
carboplatin or cisplatin plus etoposide, the chemotherapy doublet
specifically used for ES-SCLC patients. The applicant also looked for
the use of prophylactic cranial irradiation (PCI), a type of radiation
therapy used for ES-SCLC patients to address the frequent occurrence of
multiple brain metastases associated with SCLC. Based on this
assessment of hospital charge-level data, the applicant stated that
over 60 percent of ES-SCLC patients map to MS-DRGs 180 (Respiratory
Neoplasms with MCC), 181 (Respiratory Neoplasms with CC), and 164
(Major Chest Procedures with CC). We agree with the applicant that
patients receiving IMFINZI[supreg] would map to the same DRGs as
patients receiving standard therapy for ES-SCLC.
With respect to the third criterion, whether the new use of the
technology involves the treatment of the same or similar type of
disease and the same or similar patient population when compared to an
existing technology, the
[[Page 32633]]
applicant stated that IMFINZI[supreg], in combination with standard
chemotherapy, represents a new treatment option for patients with
extensive stage small cell lung cancer, demonstrating statistically and
clinically significant improved overall survival as compared to
standard chemotherapy (Hazard ration [HR] 0.73; 95 percent CI 0.59-
0.91; p=0.0047).\246\
---------------------------------------------------------------------------
\246\ Paz-Ares, L., Dvorkin, M., Chen, Y., et al., ``Durvalumab
plus platinum-etoposide versus platinum-etoposide in first-line
treatment of extensive-stage small-cell lung cancer (CASPIAN): a
randomized, controlled, open-label, phase 3 trial [article and
supplementary appendix],'' Lancet, 2019.
---------------------------------------------------------------------------
The applicant asserts that, if approved, IMFINZI[supreg] in
combination with chemotherapy would represent a new treatment option
for ES-SCLC patients.
According to the applicant, SCLC differs significantly from NSCLC,
in both its prevalence and prognosis. The applicant states that SCLC
represents only 10-15 percent of all lung cancers, with approximately
30,000 new cases each year in the US. In contrast, the applicant states
that NSCLC represents 84 percent of all lung cancers, with
approximately 200,000 new cases each year.\247\ The applicant states
SCLC has an extremely poor prognosis, as noted previously, with an
overall 5-year survival rate of 6 percent, and that ES-SCLC represents
the overwhelming majority of SCLC cases at diagnosis, approximately 75
percent, with a 5-year survival rate closer to 3
percent.248 249 The applicant also describes treatment
options as limited for ES-SCLC, as compared to patients with NSCLC. The
applicant also states that many recent studies of the treatment of
NSCLC have demonstrated positive outcomes with a variety of agents,
including with combination treatments that the applicant describes as
having different mechanisms of action.\250\
---------------------------------------------------------------------------
\247\ Farago, A.F. et al., ``Current standards for clinical
management of small cell lung cancer,'' Translational Lung Cancer
Research, 2018, 7(1), pp. 69-79.
\248\ Ibid.
\249\ Thirumaran, R., Prendergast, G.C., Gilman, P.B.,
``Cytotoxic chemotherapy in clinical treatment of cancer,'' In:
Prendergast, G.C., Jaffee, E.M., editors, Cancer immunotherapy:
immune suppression and tumor growth, USA: Elsevier Inc, 2007, p.
101-116, http://dx.doi.org/10.1016/B978-012372551-6/50071-7.
\250\ Yang, S., Zhang, Z., Wang, Q., ``Emerging therapies for
small cell lung cancer,'' Journal of Hematology & Oncology, 2019,
12(1), p. 47.
---------------------------------------------------------------------------
We note that we received an application for new technology add-on
payments for FY 2021 for TECENTRIQ[supreg], which received FDA approval
on March 18, 2019 and is indicated, in combination with carboplatin and
etoposide, for the first-line treatment of adult patients with ES-SCLC.
Both IMFINZI[supreg] and TECENTRIQ[supreg] seem to be intended for
similar patient populations and would involve the treatment of the same
conditions; patients with locally advanced or metastatic urothelial
carcinoma and patients with SCLC. We are interested in information on
how these two technologies may differ from each other with respect to
the substantial similarity criteria and newness criterion, to inform
our analysis of whether IMFINZI[supreg] and TECENTRIQ[supreg] are
substantially similar to each other and therefore should be considered
as a single application for purposes of new technology add-on payments.
We are inviting public comments on whether IMFINZI[supreg] is
substantially similar to an existing technology and whether it meets
the newness criterion.
With respect to the cost criterion, the applicant conducted the
following analysis to demonstrate that IMFINZI[supreg] meets the cost
criterion. To identify cases that may be eligible for the use of
IMFINZI[supreg], the applicant searched the FY 2018 MedPAR LDS file for
claims reporting an ICD-10-CM code of category C34 in combination with
Z51.11 (Encounter for antineoplastic chemotherapy) or Z51.12 (Encounter
for antineoplastic immunotherapy). The applicant also included any
cases within MS-DRGs 180, 181, 182 with an ICD-10-CM diagnosis code
from category C34 as the applicant believes hospitals may not always
capture the encounter for chemotherapy. Based on the FY 2018 MedPAR LDS
file, the applicant identified a total of 24,193 cases. Of the MS-DRGs
with more than 11 cases, the applicant found 23,933 cases which were
mapped to 12 unique MS-DRGs. The applicant excluded MS-DRGs with case
volume less than 11 total cases.
Using these 23,933 cases, the applicant then calculated the
unstandardized average charges per case for each MS-DRG. The applicant
determined that it did not need to remove any charges as
IMFINZI[supreg] is not expected to offset historical charges already
included within the MS-DRGs. The applicant expects that ES-SCLC
patients will receive their initial dose of IMFINZI[supreg] in the
inpatient setting. The applicant then standardized the charges and
inflated the charges by 1.11100 or 11.10 percent, the same inflation
factor used by CMS to update the outlier threshold in the FY 2020 IPPS/
LTCH PPS final rule (84 FR 42629). The applicant then added the charges
for IMFINZI[supreg] by converting the costs to a charge by dividing the
cost by the national average cost-to-charge ratio of 0.189 for drugs
from the FY 2020 IPPS/LTCH PPS final rule (84 FR 42179).
Based on the FY 2020 IPPS/LTCH PPS final rule correction notice
data file thresholds, the average case-weighted threshold amount was
$53,209. In the applicant's analysis, the final inflated average case-
weighted standardized charge per case was $111,093. Because the final
inflated average case-weighted standardized charge per case exceeds the
average case-weighted threshold amount, the applicant maintained that
the technology meets the cost criterion.
As noted previously, we received an application for new technology
add-on payments for FY 2021 for TECENTRIQ[supreg]. Both IMFINZI[supreg]
and TECENTRIQ[supreg] seem to be intended for similar patients. The
ICD-10-CM diagnosis codes and MS-DRGs in the cost analysis for
IMFINZI[supreg] differ from those used in the cost analysis for
TECENTRIQ[supreg]. Specifically, as noted previously, the applicant for
IMFINZI[supreg] searched for category C34 in combination with Z51.11 or
Z51.12, while the applicant for TECENTRIQ[supreg] only searched for
claims with category C34. We are concerned as to why the diagnosis
codes would differ between the cost analysis for IMFINZI[supreg] and
for TECENTRIQ[supreg] as one analysis may lend more accuracy to the
calculation depending which is more reflective of the applicable
patient population. We are inviting public comment on whether
IMFINZI[supreg] meets the cost criterion.
With respect to the substantial clinical improvement criterion, the
applicant asserts that IMFINZI[supreg] represents a substantial
clinical improvement over existing technologies because it offers a
treatment option for a patient population unresponsive to currently
available treatments. The applicant also believes that it represents a
substantial clinical improvement because the applicant states that the
technology reduces mortality, decreases disease progression, and
improves quality of life.
The CASPIAN clinical trial is a randomized, open-label, phase 3
trial at 209 sites across 23 countries. Eligible patients were adults
with untreated ES-SCLC, with World Health Organization (WHO)
performance status 0 or 1 and measurable disease as per Response
Evaluation Criteria in Solid Tumors. Patients were randomly assigned
(in a 1:1:1 ratio) to durvalumab plus platinum-etoposide; durvalumab
plus tremelimumab plus platinum-etoposide; or platinum-etoposide alone.
All drugs were administered intravenously. Platinum-etoposide consisted
of etoposide 80-100 mg/m2 on days 1-3 of each cycle with investigator's
choice of either
[[Page 32634]]
carboplatin area under the curve 5-6 mg/mL per min or cisplatin 75-80
mg/m2 (administered on day 1 of each cycle). Patients received up to
four cycles of platinum-etoposide plus durvalumab 1500 mg with or
without tremelimumab 75 mg every 3 weeks followed by maintenance
durvalumab 1500 mg every 4 weeks in the immunotherapy groups and up to
6 cycles of platinum-etoposide every 3 weeks plus prophylactic cranial
irradiation (investigator's discretion) in the platinum-etoposide
group. The primary endpoint was overall survival in the intention-to-
treat population. This study is registered at ClinicalTrials.gov,
NCT03043872, and is ongoing. The applicant stated that the median OS
was 13.0 months (95 percent CI, 11.5-14.8) for patients treated with
IMFINZI[supreg] plus chemotherapy vs. 10.3 months (95 percent CI, 9.3-
11.2) for SOC chemotherapy. It stated that the results also showed a
sustained OS benefit with 34 percent survival at 18 months following
treatment with IMFINZI[supreg] plus chemotherapy vs. 25 percent
following SOC chemotherapy. No data was provided on patients treated
with durvalumab plus tremelimumab plus platinum-etoposide as this was
an interim analysis.\251\
---------------------------------------------------------------------------
\251\ Paz-Ares, L., Dvorkin, M., Chen, Y., et al., ``Durvalumab
plus platinum-etoposide versus platinum-etoposide in first-line
treatment of extensive-stage small-cell lung cancer (CASPIAN): A
randomized, controlled, open-label, phase 3 trial,'' Lancet, 2019,
https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(19)32222-6/fulltext. Accessed October 7, 2019.
---------------------------------------------------------------------------
The applicant further states that other key secondary endpoints
demonstrated consistent and durable improvement for IMFINZI[supreg]
plus chemotherapy, including a higher progression-free survival (PFS)
rate at 12 months (17.5 percent vs. 4.7 percent), a 10 percent increase
in confirmed objective response rate (ORR) (67.9 percent vs. 57.6
percent), and improved duration of response at 12 months (22.7 percent
vs. 6.3 percent). The median Progression Free Survival was 5.1 months
with IMFINZI[supreg] versus 5.4 months for the control arm, which was
not significantly different.
The applicant states that in combination with etoposide and
platinum-based chemotherapy, IMFINZI[supreg] provided a significant
improvement in survival and notable changes in patient reported
outcomes. According to the applicant, patients receiving
IMFINZI[supreg] plus etoposide and platinum-based chemotherapy
experienced reduced symptom burden over 12 months for pre-specified
symptoms of fatigue, appetite loss, cough, dyspnea, and chest pain
(based on adjusted mean change from baseline, MMRM). The applicant
states a large difference over 12 months was observed for appetite loss
in favor of IMFINZI[supreg] plus etoposide and platinum-based
chemotherapy compared to standard-of-care etoposide and platinum-based
chemotherapy. The applicant further states that patients receiving
IMFINZI[supreg] plus etoposide and platinum-based chemotherapy also
experienced longer time to deterioration in a broad range of patient-
reported symptoms (for example, dyspnea, appetite loss, chest pain,
arm/shoulder pain, other pain, insomnia, constipation, diarrhea),
functioning (physical, cognitive, role, emotional, social), and Health
Related Quality of Life (HRQoL) indicators, compared to cisplatin
(EP).252 253 254 255
---------------------------------------------------------------------------
\252\ AstraZeneca Press Release, September 9, 2019, Available
at: https://www.astrazeneca-us.com/content/az-us/media/press-releases/2019/imfinzi-is-first-immunotherapy-to-show-both-significant-survival-benefit-and-improved-durable-responses-in-extensive-stage-small-cell-lung-cancer-09092019.html.
\253\ Paz-Ares, L., Chen, Y., Reinmuth, N., et al., Overall
Survival with Durvalumab Plus Platinum-Etoposide in First-Line
Extensive-Stage SCLC: Results from the CASPIAN Study [presentation],
Presented at: World Conference on Lung Cancer, Barcelona, Spain,
September 7-10, 2019.
\254\ Paz-Ares, L., Dvorkin, M., Chen, Y., et al., ``Durvalumab
plus platinum-etoposide versus platinum-etoposide in first-line
treatment of extensive-stage small-cell lung cancer (CASPIAN): a
randomized, controlled, open-label, phase 3 trial,'' Lancet. 2019,
https://www.thelancet.com/journals/lancet/article/PIIS0140-6736(19)32222-6/fulltext. Accessed October 7, 2019.
\255\ Paz-Ares, L., Goldman, J.W., Garassino, M.C., et al., PD-
L1 expression, patterns of progression and patient-reported outcomes
(PROs) with durvalumab plus platinum-etoposide in ES-SCLC: Results
from CASPIAN [presentation], Presented at European Society for
Medical Oncology; Barcelona, Spain, September 27-October 1, 2019.
---------------------------------------------------------------------------
As stated previously, the applicant asserted that IMFINZI[supreg]
represents a substantial clinical improvement over existing
technologies because it offers a treatment option for a patient
population unresponsive to currently available treatments. The
applicant explained that the CASPIAN study demonstrated the following
endpoints: patient population baseline characteristics, treatment
exposure, overall survival (including pre-specified subgroups),
progression free survival, sites of progression, objective response
rate, duration of response, and detailed safety analysis. All results
provided comparison of the active IMFINZI[supreg] plus chemotherapy arm
as compared to the standard of care chemotherapy alone arm.\256\ We are
concerned that the CASPIAN study is ongoing and the information is
preliminary. Specifically, the three arms in the study have not yet
been analyzed. Additionally, while the data shows a median survival
benefit of about 3 months with treatment with IMFINZI[supreg], we did
not see any data that demonstrates significant improvement in median
progression free survival. Also, while we recognize that the trials are
ongoing and that the analysis of the three study arms is not complete,
we are interested in additional information concerning adverse events
to help us better understand the safety profile of IMFINZI[supreg].
---------------------------------------------------------------------------
\256\ Paz-Ares, L., Dvorkin, M., Chen, Y., et al., ``Durvalumab
plus platinum-etoposide versus platinum-etoposide in first-line
treatment of extensive-stage small-cell lung cancer (CASPIAN): A
randomized, controlled, open-label, phase 3 trial [article and
supplementary appendix],'' Lancet, 2019.
---------------------------------------------------------------------------
We are inviting public comment on whether IMFINZI[supreg] meets the
substantial clinical improvement criterion.
We did not receive any written comments in response to the New
Technology Town Hall meeting notice published in the Federal Register
regarding the substantial clinical improvement criterion for
IMFINZI[supreg] or at the New Technology Town Hall meeting.
i. KTE-X19
Kite Pharma submitted an application for new technology add-on
payment for FY 2021 for KTE-X19. KTE-X19 is a CD19 directed genetically
modified autologous T-cell immunotherapy for the treatment of adult
patients with relapse and refractory (r/r) mantle cell lymphoma (MCL).
KTE-X19 is a form of chimeric antigen receptor (CAR) T-cell
immunotherapy that modifies the patient's own T-cells to target and
eliminate tumor cells. More specifically, according to the applicant,
KTE-X19 is a single infusion product consisting of autologous T-cells
that have been engineered to express an anti-CD19 chimeric antigen
receptor. According to the applicant, this therapy targets the CD19
antigen on the cell surface of normal and malignant B-cells. The
applicant stated that KTE-X19 is different from other previously
approved technologies because it has a distinct cellular product that
requires a unique manufacturing process. The applicant explained that
KTE-X19's unique manufacturing process, as compared to
YESCARTA[supreg], results in differences in potency, cellular
impurities, and formulation of the final products.
According to the applicant, MCL is a rare and aggressive subtype of
non-Hodgkin lymphoma (NHL) with distinct
[[Page 32635]]
characteristics 257 258 that accounts for 3-6% of all cases
of NHL in the United States and differs from diffuse large B-cell
lymphoma (another subtype of NHL).259 260 261 The applicant
cited that the overall incidence of MCL in the U.S. in 2018 was 3,500
with 5-year and 10-year prevalence of 12,000 and 18,000 cases.\262\
Additionally, the applicant stated that the median age at diagnosis for
patients with MCL is 68 years and the majority of patients are non-
Hispanic white males.\263\ MCL results from a malignant transformation
of the B lymphocyle in the outer edge of a lymph node follicle (the
mantle zone). Prognosis varies for r/r MCL, but the median survival for
MCL is 3-5 years depending on the risk group (the Mantle Cell Lymphoma
International Prognostic Index categorizes patients into low,
intermediate and high risk groups), according to the applicant.\264\
The first line therapy for newly diagnosed MCL routinely includes
chemotherapy in combination with
rituximab.265 266 267 268 269 According to the applicant,
rituximab is also the only approved therapy for maintenance for
patients in remission. The median progression free survival ranges from
18-51 months with most of MCL patients eventually relapsing. The
applicant contended that only 30-40% of patients end up with durable
long-term remission after a chemoimmunotherapy first line
therapy.270 271 272
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\257\ Fakhri B, Kahl B. Current and emerging treatment options
for mantle cell lymphoma. Ther Adv Hematol. 2017;8(8):223-34.
\258\ National Comprehensive Cancer Network. Clinical Practice
Guidelines in Oncology; B-cell Lymphomas, Version 1.2019 [November
30, 2018]. 2017 Available from: https://www.nccn.org/professionals/physician_gls/pdf/b-cell.pdf.
\259\ The Non-Hodgkin's Lymphoma Classification Project. A
clinical evaluation of the International Lymphoma Study Group
classification of non-Hodgkin's lymphoma. Blood. 1997;89(11):3909-
3918.
\260\ Zhou Y, et al. Incidence trends of mantle cell lymphoma in
the United States between 1992 and 2004. Cancer. 2008;113(4):791-
798.
\261\ Teras LR, et al. 2016 US lymphoid malignancy statistics by
World Health Organization subtypes CA Cancer J Clin. 2016;6:443-459.
\262\ Kantar Health. CancerMPact[supreg] United States.
September 2018, v1.2.
\263\ Fu S, et al. Trends and variations in mantle cell lymphoma
incidence from 1995 to 2013: A comparative study between Texas and
National SEER areas. Oncotarget. 2017;8(68):112516-29.
\264\ Cheah CY, et al. Mantle cell lymphoma. J Clin Oncol.
2016;34:1256-1269.
\265\ Ibid.
\266\ Kantar Health. CancerMPact[supreg] United States.
September 2018, v1.2.
\267\ Flinn IW, et al. First-line treatment of patients with
indolent non-Hodgkin lymphoma or mantle-cell lymphoma with
bendamustine plus rituximab versus R-CHOP or R-CVP: Results of the
BRIGHT 5-year follow-up study. J Clin Oncol. 2019 Apr 20;37(12):984-
991. doi: 10.1200/JCO.18.00605. Epub 2019 Feb 27.
\268\ LaCasce AS, et al. Comparative outcome of initial therapy
for younger patients with mantle cell lymphoma: An analysis from the
NCCN NHL Database. Blood. 2012;19(9):2093-2099.
\269\ Lenz G, et al. Immunochemotherapy with rituximab and
cyclophosphamide, doxorubicin, vincristine, and prednisone
significantly improves response and time to treatment failure, but
not long-term outcome in patients with previously untreated mantle
cell lymphoma: Results of a prospective randomized trial of the
German Low Grade Lymphoma Study Group (GLSG). J Clin Oncol.
2005:23(9): 1984-1992.
\270\ Flinn IW, et al. First-line treatment of patients with
indolent non-Hodgkin lymphoma or mantle-cell lymphoma with
bendamustine plus rituximab versus R-CHOP or R-CVP: Results of the
BRIGHT 5-year follow-up study. J Clin Oncol. 2019 Apr 20;37(12):984-
991. doi: 10.1200/JCO.18.00605. Epub 2019 Feb 27.
\271\ LaCasce AS, et al. Comparative outcome of initial therapy
for younger patients with mantle cell lymphoma: An analysis from the
NCCN NHL Database. Blood. 2012;19(9):2093-2099.
\272\ Lenz G, et al. Immunochemotherapy with rituximab and
cyclophosphamide, doxorubicin, vincristine, and prednisone
significantly improves response and time to treatment failure, but
not long-term outcome in patients with previously untreated mantle
cell lymphoma: Results of a prospective randomized trial of the
German Low Grade Lymphoma Study Group (GLSG). J Clin Oncol.
2005:23(9): 1984-1992.
---------------------------------------------------------------------------
The applicant indicated that there is no standard of care that
exists for second-line and higher chemotherapy when a patient has
relapsed or refractory MCL.\273\ According to the applicant, second
line therapies typically depend on the front line therapy utilized,
comorbidities, the tumor's sensitivity to chemotherapy, and overall
risk-benefit. Currently available options for second line therapy
include: Cytotoxic chemotherapy, proteasome inhibitors,
immunomodulatory drugs, tyrosine kinase inhibitors, and stem cell
transplant (both autologous [ASCT] and allogenic stem cell transplant
[allo-SCT]). According to the applicant, Bruton's tyrosine kinase (BTK)
inhibitor, ibrutinib, is the most common third-line therapy used for
patients with r/r MCL and has been shown to offer improvements over
other chemotherapy-based regimens for r/r MCL patients. The applicant
also referenced a more selective BTK inhibitor, acalabrutinib, which
was approved in the US for the treatment of patients with r/r
MCL.274 275
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\273\ Campo E, Rule S. Mantle cell lymphoma: evolving management
strategies. Blood. 2015;125(1):48-55.
\274\ Kantar Health. CancerMPact[supreg] United States.
September 2018, v1.2.
\275\ Vose JM. Mantle cell lymphoma: 2017 update on diagnosis,
risk-stratification, and clinical management. Am J Hematol.
2017;92(8):806-813.
---------------------------------------------------------------------------
With respect to the newness criterion, the applicant indicated that
it submitted a biologics license application (BLA) for KTE-X19 on
December 11, 2019 with a request for priority review. The applicant
reported it anticipates receiving FDA approval by July 1, 2020.
According to the applicant, KTE-X19 was granted breakthrough therapy
designation for the treatment of patients with r/r MCL on June 15, 2018
and received an orphan drug designation in 2016 for the treatment of
MCL, acute lymphoblastic leukemia and chronic lymphocytic leukemia.
Under the current coding system, cases reporting the use of KTE-X19
would be coded with ICD-10-PCS codes XW033C3 (Introduction of
engineered autologous chimeric antigen receptor t-cell immunotherapy
into peripheral vein, percutaneous approach, new technology group 3)
and XW043C3 (Introduction of engineered autologous chimeric antigen
receptor t-cell immunotherapy into central vein, percutaneous approach,
new technology group 3), which are currently assigned to MS-DRG 016
(Autologous Bone Marrow Transplant with CC/MCC or T-Cell
Immunotherapy). As discussed in section II.D.2.b. of the preamble of
this proposed rule, we are proposing to assign cases reporting ICD-10-
PCS procedure codes XW033C3 or XW043C3 to a proposed new MS-DRG 018
(Chimeric Antigen Receptor (CAR) T-cell Immunotherapy), which would
also include cases reporting the use of KTE-X19, if approved and
finalized. While we note that the applicant has submitted a request for
a unique ICD-10-PCS code to describe the use of KTE-X19 beginning in FY
2021, the MS-DRG assignment of any applicable finalized codes
describing the use of KTE-X19 will be addressed in the final rule.
As previously discussed, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would not be considered ``new''
for purposes of new technology add-on payments.
With regard to the first criterion for substantial similarity,
whether a product uses the same or similar mechanism of action to
achieve a therapeutic outcome, according to the applicant, KTE-X19 will
be the first CAR T-cell immunotherapy indicated for the treatment of r/
r MCL, if approved by FDA. The applicant further asserted that it does
not use a substantially similar mechanism of action or involve the same
treatment indication as any other existing therapy for the treatment of
r/r MCL. The applicant asserts that it uses a different mechanism of
action as other therapies because the unique manufacturing process
results in differences in potency, cellular impurities, and formulation
of the final
[[Page 32636]]
products. Furthermore, the applicant stated that functional autologous
cellular therapy for the treatment of r/r MCL requires a customized
product distinct from other currently available CAR T-cell therapy
products, namely YESCARTA[supreg] and KYMRIAH[supreg]. The applicant
stated it reviewed data from the FY 2018 100 percent MedPAR Hospital
Limited Data Set to obtain a reference of currently available products
used in the treatment of r/r MCL. The applicant stated that based on
this analysis, available products used in the treatment of r/r MCL
included: Chemotherapies, proteasome inhibitors, immunomodulatory
agents, or BTK inhibitors. The applicant described KTE-X19 as an
autologous CAR T-cell immunotherapy, which genetically modifies the
patient's own T-cells to target and eliminate tumor cells for the
treatment of r/r MCL and asserted that because KTE-X19 is an autologous
CAR T-cell immunotherapy, it does not use the same mechanism of action
as other treatments currently used to treat r/r MCL (chemotherapies,
proteasome inhibitors, immunomodulatory agents, or BTK inhibitors).
To further note the differences between KTE-X19's mechanism of
action and other available therapies for r/r MCL, the applicant stated
that KTE-X19 represents a unique product that is customized for B-cell
malignancies bearing high levels of circulating CD19-expressing tumor
cells. Given these genetic modifications and differences, as previously
described, the applicant described KTE-X19 as having a different
mechanism of action from existing r/r MCL therapies.
The applicant described that the KTE-X19 construct encodes for the
following domains of the CAR: An anti-human CD19 single-chain variable
region fragment (scFv); the partial extracellular domain and complete
transmembrane and intracellular signaling domains of human CD28, a
lymphocyte co-stimulatory receptor that plays an important role in
optimizing T-cell survival and function; and the cytoplasmic portion,
including the signaling domain, of human CD3[zeta], a component of the
T-cell receptor complex.\276\ The applicant referenced an April 2018
pre-BLA meeting with FDA, where the applicant contended that FDA
determined that KTE-X19 qualified for a new BLA based on differences in
the manufacturing process between KTE-X19 and YESCARTA[supreg], which
result in differences in potency, cellular impurities, and formation of
the final products. The applicant further referenced that KTE-X19 has a
different mechanism of action as compared to YESCARTA[supreg] given
that the European Medicines Agency (EMA) deemed KTE-X19 and
YESCARTA[supreg] as different products.
---------------------------------------------------------------------------
\276\ Nicholson IC, et al. Construction and characterisation of
a functional CD19 specific single chain Fv fragment for
immunotherapy of B lineage leukemia and lymphoma. Molecular
Immunology. 1997;34(16-17):1157-65.
---------------------------------------------------------------------------
With respect to the second criterion for substantial similarity,
whether a product is assigned to the same or a different MS-DRG, the
applicant noted that CMS previously stated future CAR T-cell therapies
would likely map to the same MS-DRG as other previously FDA-approved
CAR T-cell therapies. However, the applicant asserted that KTE-X19
could not be reported using the same ICD-10-PCS codes as identified for
YESCARTA[supreg] and KYMRIAH[supreg]. As previously noted, under the
current coding system, cases reporting the use of KTE-X19 would be
coded with ICD-10-PCS codes XW033C3 and XW043C3, which are currently
assigned to MS-DRG 016, and which, for FY 2021, we are proposing to
reassign to a new proposed MS-DRG 018 for CART-cell therapies. As also
previously noted, the MS-DRG assignment of any applicable finalized
codes describing the use of KTE-X19 will be addressed in the final
rule. The applicant noted that the patients treated by YESCARTA[supreg]
and KYMRIAH[supreg] are not assigned ICD-10-CM diagnosis code C83.10
(Mantle cell lymphoma, unspecified site), as would patients treated
with KTE-X19. To further emphasize this point, the applicant stated
that CMS indicated YESCARTA[supreg] and KYMRIAH[supreg] are intended to
treat the same or similar disease: adult patients with r/r large B-cell
lymphoma after two or more lines of systemic therapy, including DLBCL
not otherwise specified, primary mediastinal large B-cell lymphoma,
high grade B-cell lymphoma, and DLBCL arising from follicular lymphoma.
The applicant further noted that the patients treated with
YESCARTA[supreg] and KYMRIAH[supreg] are not identified by ICD-10-CM
code C83.10 (Mantle cell lymphoma, unspecified site).
With respect to the third criterion for substantial similarity,
whether the new use of the technology involves the treatment of the
same or similar type of disease and the same or similar patient
population, the applicant described KTE-X19 as representing a therapy
for a different type of disease, r/r MCL, as compared to
YESCARTA[supreg] and KYMRIAH[supreg]. As previously mentioned, the
applicant described that MCL results from a malignant transformation of
a B lymphocyte in the outer edge of the lymph node follicle. The
applicant further stated that diffuse large b-cell lymphoma (DLBCL),
which YESCARTA[supreg] and KYMRIAH[supreg] treat, is defined as a
neoplasm of large B cells arranged in a diffuse pattern. The applicant
described this distinction as evidence that KTE-X19 treats a different
subtype of NHL, r/r MCL, as compared to other FDA approved CAR T-cell
therapies. However, we note that the applicant recognized in its
application that MCL and DLBCL patients share similar clinical
presentation of lymphadenopathy, splenomegaly and constitutional
symptoms. The applicant also noted that the disease courses for MCL and
DLBCL are different given that MCL has a unique molecular pathogenesis.
The applicant also highlighted the high level of tumor cells in the
peripheral blood, which is uncommon in DLBCL, to further illustrate
that the two diseases are different, and asserted that this level of
tumor cells requires a different and customizable treatment approach
for the generation of autologous cellular therapies for MCL.
We have the following concerns regarding whether the technology
meets the substantial similarity criteria and whether it should be
considered new.
With respect to the first criterion for substantial similarity,
based on the statements as previously summarized, the applicant
asserted that KTE-X19 would provide a new treatment option for adult
patients with r/r MCL and therefore is not substantially similar to any
existing technologies. We note that for FY 2019 (83 FR 41299), CMS
approved two CD19 directed CAR T-cell therapies, YESCARTA[supreg] and
KYMRIAH[supreg], for new technology add-on payments. While the
applicant acknowledged that KTE-X19 is a form of CAR T-cell
immunotherapy that modifies the patient's own T-cells, as are
YESCARTA[supreg] and KYMRIAH[supreg], the applicant asserted that the
production process used by KTE-X19, as required by the disease
indication, makes the therapy significantly different from
YESCARTA[supreg] and KYMRIAH[supreg]. However, while the applicant
stated how its technology is different from previously approved CAR T-
cell therapies, KTE-X19 is also a CD19-directed T-cell immunotherapy
for the purpose of treating patients with an aggressive subtype of NHL.
Therefore, we express a potential concern that KTE-X19 has a similar
mechanism of action to YESCARTA[supreg] and KYMRIAH[supreg].
The applicant stated that KTE-X19 is a distinct cellular product
and has a unique manufacturing process
[[Page 32637]]
customized for B-cell malignancies with a high circulating tumor cell
burden and designed to minimize the CD19-expressing tumor cells in the
final product. We are concerned as to whether the differences the
applicant described in the manufacturing process should be considered a
different mechanism of action, as compared to previous CAR T-cell
therapies.
With respect to the second criterion for substantial similarity, we
note that as discussed in section II.D.2.b. of the preamble of this
proposed rule, we are proposing to create new MS-DRG 018 for CAR T-cell
therapies. As previously noted, under the current coding system, cases
reporting the use of KTE-X19 would be coded with ICD-10-PCS codes
XW033C3 and XW043C3, which are currently assigned to MS-DRG 016. Also
as discussed in section II.D.2.b. of the preamble of this proposed
rule, we are proposing to assign cases reporting ICD-10-PCS procedure
codes XW033C3 or XW043C3 to a proposed new MS-DRG 018 (Chimeric Antigen
Receptor (CAR) T-cell Immunotherapy). Should we finalize this proposal,
we would also assign cases involving the use of KTE-X19 to this
proposed new MS-DRG 018. We believe that cases reporting the use of
KTE-X19 would be assigned to the same MS-DRG as existing CAR T-cell
technologies.
With regard to the third criterion for substantial similarity, the
applicant described that MCL results from a malignant transformation of
a B lymphocyte in the outer edge of the lymph node follicle, while
DLBCL, which YESCARTA[supreg] and KYMRIAH[supreg] treat, is defined by
the applicant as a neoplasm of large B cells arranged in a diffuse
pattern. As described by the applicant, MCL and DLBCL patients share
similar clinical presentation of lymphadenopathy, splenomegaly and
constitutional symptoms. We therefore express concern that this therapy
may involve treatment of a similar type of disease when compared to
existing CAR T-cell therapies.
We are inviting public comments on whether KTE-X19 is substantially
similar to other technologies and whether KTE-X19 meets the newness
criterion.
With regard to the cost criterion, the applicant searched the FY
2018 MedPAR claims data file to identify potential cases representing
patients who may be eligible for treatment using KTE-X19. The applicant
identified claims that reported an ICD-10-CM diagnosis code of ICD-10-
CM C83.10 (Mantle cell lymphoma, unspecified site). The applicant
stated that claims reporting ICD-10-CM code C83.10 would not involve
the use of the other two approved CAR T-cell therapies because those
therapies are not used to treat this diagnosis, MCL. As such, the
applicant stated that it used C83.10 to identify potential MCL cases
and ICD-10-PCS codes XW033C3 and XW043C3 to identify patients receiving
CAR T-cell therapy. In its analysis, the applicant identified two sets
of cohorts (Primary Cohort and Sensitivity Analysis Cohort) to assess
whether this therapy met the cost criterion. The ICD-10-PCS procedure
codes listed in the table in this section of this rule were used to
identify claims involving chemotherapy and the applicant noted that
these were used for both cohorts.
The new technology add-on payment Primary Cohort included cases
with an ICD-10-CM principal diagnosis of MCL, at least one procedure
code indicating receipt of chemotherapy, and no ICD-10-PCS procedure
codes indicating CAR T-cell therapy. The applicant believed the Primary
Cohort most closely aligned with the characteristics and health of r/r
MCL patients who would receive KTE-X19 given that this cohort includes
patients with far advanced disease (comparable to the ZUMA-2 study, as
discussed later in this section). The Sensitivity Analysis Cohort
included patients with the ICD-10-CM principal or secondary diagnosis
of MCL, at least one procedure code indicating receipt of chemotherapy,
and no ICD-10-PCS procedure codes indicating CAR T-cell therapy. The
claim search conducted by the applicant resulted in 293 claims in the
Primary Cohort, mapped to 13 MS-DRGs, and 953 claims in the Sensitivity
Analysis Cohort, mapped to 72 MS-DRGs using the FY 2018 MedPAR Hospital
LDS based on the requirements for each cohort outlined by the
applicant.
BILLING CODE 4120-01-P
[[Page 32638]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.128
[[Page 32639]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.129
[[Page 32640]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.130
[[Page 32641]]
[GRAPHIC] [TIFF OMITTED] TP29MY20.131
BILLING CODE 4120-01-C
[[Page 32642]]
The applicant inflated the charges from the FY 2018 MedPAR claims
data by applying the 2-year inflation factor used in the FY 2020 IPPS
final rule to calculate outlier threshold charges (1.11100). The
applicant stated they then standardized the charges. The applicant
stated that the cases representing patients who had received
chemotherapy, as reflected by the Medicare claims data, would generally
not receive both chemotherapy and KTE-X19 as an inpatient because
conditioning chemotherapy would be administered in the outpatient
setting before the patient would be admitted for KTE-X19 infusion and
monitoring. Otherwise, the applicant asserted that patients receiving
KTE-X19 would be expected to incur similar charges to those cases in
the Medicare claims data for patients with a primary diagnosis of MCL
and receiving chemotherapy (Primary Cohort). In its analysis, the
applicant noted that in the FY 2018 MedPAR Hospital LDS, charges for
chemotherapy drugs were grouped with charges for oncology, diagnostic
radiology, therapeutic radiology, nuclear medicine, CT scans, and other
imaging services. The applicant believed that removing all radiology
charges would understate the cost of adverse event (AE) clinical
management for KTE-X19 patients needed. The applicant found that when
using data from the Q4 2017 and Q1 Q3 2018 Standard Analytic files and
comparing total chemotherapy charges to total radiology charges, 2
percent of radiology charges were chemotherapy charges, on average.
Therefore, instead of removing all radiology charges, the applicant
excluded 2 percent of the radiology charge amount to capture the effect
of removing chemotherapy pharmacy charges.
The applicant stated that when comparing the Primary Cohort to the
MS-DRG 016 average case-weighed threshold amount (based on the FY 2020
IPPS/LTCH PPS final rule correction notice data file thresholds for FY
2021), the final inflated average case-weighted standardized charge per
case of $201,459 exceeded the average case-weighted threshold amount of
$170,573 by $30,886 without consideration of KTE-X19 charges. The
applicant stated that because the final inflated average case-weighted
standardized charge per case exceeded the average case-weighted
threshold amount, the therapy meets the cost criterion.
When conducting the same review to assess cost for the Sensitivity
Analysis Cohort, the applicant noted that the Sensitivity Analysis
Cohort did not meet the cost criterion when compared to the MS-DRG 016
average case-weighted threshold amount (based on the FY 2020 IPPS/LTCH
PPS final rule correction notice data file thresholds for FY 2021). As
reported by the applicant, the final inflated average case-weighted
standardized charge per case of $111,531 did not exceed the average
case-weighted threshold amount of $170,573 (difference of $59,042)
without consideration of KTE-X19 charges. However, the applicant noted
that considering the cost of currently marketed CAR T-cell therapies,
this Sensitivity Analysis Cohort would have met the cost criterion if
it considered KTE-X19 charges. The applicant further noted that the
characteristics of this cohort's patient population do not represent
the characteristics of the population that would receive KTE-X19.
Because the final inflated average case-weighted standardized
charge per case for the Primary Cohort exceeds the average case-
weighted threshold amount for MS-DRG 016, the applicant maintained that
the technology meets the cost criterion.
We note that the applicant, along with other CAR T-cell therapy
manufacturers, have requested CMS use existing data to create a new MS-
DRG specifically for CAR T-cell therapies. Currently, as previously
noted, procedures involving CAR T-cell therapies are identified with
ICD-10-PCS procedure codes XW033C3 and XW043C3. In the FY 2019 IPPS/
LTCH PPS final rule, we finalized our proposal to assign cases
reporting these ICD-10-PCS procedure codes to MS-DRG 016 and to revise
the title of this MS-DRG to ``Autologous Bone Marrow Transplant with
CC/MCC or T-cell Immunotherapy'' effective beginning FY 2019. As
discussed in section II.D.2.b. of the preamble of this proposed rule,
for FY 2021, we are proposing to create a new MS-DRG 018, ``Chimeric
Antigen Receptor (CAR) T-cell Immunotherapy.'' If finalized, this new
MS-DRG for CAR T-cell therapy cases would include any approved
procedure codes to describe cases involving the use of KTE-X19. We are
also proposing to modify the structure of MS-DRG 016 by removing
procedure codes XW033C3 and XW043C3 and to revise the title to
``Autologous Bone Marrow Transplant with CC/MCC'' to reflect the
proposed restructuring. We refer readers to section II.E.2.b of the
preamble of this proposed rule for a discussion of our proposals
regarding the development of the relative weights for this proposed new
MS-DRG for CAR T-cell therapy and to section IV.I. of the preamble of
this proposed rule for a discussion of our proposal for a payment
adjustment for clinical trial cases assigned to this proposed new MS-
DRG. In this section of this rule we discuss the impact of our proposal
to create new MS-DRG 018 for CAR T-cell therapies with regard to the
new technology add-on payment.
As we have discussed in prior rulemaking with regard to the
potential creation of a new MS-DRG for CAR T-cell therapies (83 FR
41172), if a new MS-DRG were to be created, then consistent with
section 1886(d)(5)(K)(ix) of the Act, there may no longer be a need for
a new technology add-on payment under section 1886(d)(5)(K)(ii)(III) of
the Act. Section 1886(d)(5)(K)(ix) of the Act requires that, before
establishing any add-on payment for a new medical service or
technology, the Secretary shall seek to identify one or more DRGs
associated with the new technology, based on similar clinical or
anatomical characteristics and the costs of the technology and assign
the new technology into a DRG where the average costs of care most
closely approximate the costs of care using the new technology. As
discussed in previous rulemaking (71 FR 47996), no add-on payment will
be made if the new technology is assigned to a DRG that most closely
approximates its costs.
In the FY 2016 IPPS/LTCH PPS final rule (80 FR 49481 and 49482) in
the discussion of whether the WATCHMAN[supreg] System met the cost
criterion for a new technology add-on payment, we discussed whether the
threshold value associated with a proposed new MS-DRG should be
considered in determining whether the applicant meets the cost
criterion. We also discussed instances in the past where the coding
associated with a new technology application is included in a finalized
policy to change one or more MS-DRGs. For example, in the FY 2013 IPPS/
LTCH PPS final rule, we described the cost analysis for the
Zenith[supreg] Fenestrated Abdominal Aortic Aneurysm Endovascular
Graft, which was identified by ICD-9-CM procedure code 39.78
(Endovascular implantation of branching or fenestrated graft(s) in
aorta). In that same rule, we finalized a change to the assignment of
that procedure code, reassigning it from MS-DRGs 252, 253, and 254 to
MS-DRGs 237 and 238. Because of that change, we determined that, for FY
2013, in order for the Zenith[supreg] Fenestrated Abdominal Aortic
Aneurysm Endovascular Graft to meet the cost criteria, it must
demonstrate that the average case-weighted standardized charge per case
exceeds the thresholds for MS-DRGs 237 and 238 (77 FR 53360). We noted
that, in that example, MS-DRGs 237 and
[[Page 32643]]
238 existed previously; therefore, thresholds that were 75 percent of
one standard deviation beyond the geometric mean standardized charge
for these MS-DRGs were available to the public in Table 10 at the time
the application was submitted. (We note that for fiscal years prior to
FY 2020, Table 10 included the cost thresholds used to evaluate
applications for new technology add-on payments for the next fiscal
year.) In the FY 2016 IPPS/LTCH PPS proposed rule, we stated that in
the case of WATCHMAN[supreg] System, if MS-DRGs 273 and 274 were to be
finalized for FY 2016, we recognized that thresholds that are 75
percent of one standard deviation beyond the geometric mean
standardized charge would not have been available at the time the
application was submitted. We stated that we believed that it could be
appropriate for the applicant to demonstrate that the average case
weighted standardized charge per case exceeded these thresholds for MS-
DRGs 273 and 274. Accordingly, we made available supplemental threshold
values on the CMS website at http://www.cms.gov/Medicare/Medicare-Fee-for-Service-Payment/AcuteInpatientPPS/newtech.html that were calculated
using the data used to generate the FY 2015 IPPS/LTCH PPS Table 10 and
reassigned the procedure codes in accordance with the finalized
policies discussed in section II.G.3.b. of the preamble of the FY 2016
IPPS/LTCH PPS final rule. In the FY 2016 IPPS/LTCH PPS proposed rule,
we invited public comments on whether considering these supplemental
threshold values as part of the cost criterion evaluation for this
application was appropriate and also on how to address similar future
situations in a broader policy context should they occur.
After consideration of the comments, in the FY 2016 IPPS/LTCH PPS
final rule (80 FR 49482) we stated that we agreed with the commenters
that we should evaluate the cost threshold in effect at the time the
new technology add-on payment application is submitted to determine if
an applicant exceeds the cost threshold. We stated that we agreed with
commenters that this policy is most predictable for applicants. We also
stated that we were maintaining our current policy to use the
thresholds issued with each final rule for the upcoming fiscal year
when making a determination to continue add-on payments for those new
technologies that were approved for new technology add-on payments from
the prior fiscal year.
At the time of the FY 2016 final rule, in applying this policy, we
did not anticipate the onset of new, extremely high cost, technologies
such as CAR T-cell therapy, nor such significant variance between the
thresholds at the time of application and the thresholds based on the
finalized MS-DRG assignment for the upcoming year. For example, in the
FY 2016 final rule, the difference between the MS-DRG threshold amount
for MS-DRGs 237 ($121,777) and 238 ($87,602) set forth in Table 10
associated with the FY 2015 final rule, and the supplemental MS-DRG
threshold amount based on the proposed new MS-DRGs 273 ($95,542) and
274 ($77,230), was $26,235 and $10,372 respectively. By comparison,
based on the data file released with the FY 2021 final rule (and
corresponding correction notice) for FY 2022 applications, the
threshold amount for MS-DRG 16 is $170,573. However, the threshold
amount for proposed new MS-DRG 018 (in the data file released with this
proposed rule) is $1,237,393, which is more than 7 times greater.
In light of the development of new technologies, such as CAR T-cell
therapies, and the more substantial shifts in the MS-DRG threshold
amounts that may result from the reassignment of new technologies for
the upcoming fiscal year, we believe it is appropriate to revisit the
policy described in the FY 2016 final rule. While we continue to
believe that predictability is important, we also believe payment
accuracy is equally important. Thus, we believe that it is necessary to
balance predictability with a more accurate evaluation of whether a new
technology meets the new technology add-on payment cost criterion by
using threshold values that are consistent with how the cases involving
the use of the new technology will be paid for in the upcoming fiscal
year. Therefore, we are proposing to revise our policy in situations
when the procedure coding associated with a new technology application
is proposed to be assigned to a proposed new MS-DRG. Specifically, we
are proposing that effective for FY 2022, for applications for new
technology add-on payments and previously approved technologies that
may continue to receive new technology add-on payments, the proposed
threshold for a proposed new MS-DRG for the upcoming fiscal year would
be used to evaluate the cost criterion for technologies that would be
assigned to a proposed new MS-DRG.
For example, consider a technology that would be coded using
procedure codes assigned to MS-DRG ABC at the time of its application
for FY 2022, and then the procedure coding associated with the new
technology is proposed to be assigned to a proposed new MS-DRG XYZ in
the FY 2022 proposed rule. Instead of using the threshold for MS-DRG
ABC based on the data file released with the FY 2021 final rule for FY
2022 applications, we are proposing to use the proposed threshold for
the newly proposed MS-DRG XYZ based on the data file released with the
FY 2022 proposed rule, which would otherwise contain the proposed
thresholds for FY 2023 applications. We believe using the proposed rule
thresholds for the proposed new MS-DRG would further promote payment
accuracy by using the latest data available to assess how the
technology would be paid for in the upcoming fiscal year, if the
proposed reassignment to the new MS-DRG was finalized, while also
providing the applicant and the public adequate time to analyze whether
the technology meets the cost criterion using these proposed thresholds
and to provide public comment following the proposed rule.
We believe it is important that the cost criterion be applied in a
manner that accurately reflects the anticipated payment for the
technology. In assessing the adequacy of the otherwise applicable MS-
DRG payment rate for a high cost new technology, where the reassignment
of such a technology to a proposed new MS-DRG may result in a
substantial change in the MS-DRG threshold amounts, we believe that it
is necessary to evaluate that technology using the proposed thresholds
for the newly proposed MS-DRG to which the technology would be
reassigned.
We believe that this policy is also consistent with section
1886(d)(5)(K)(ix) of the Act which, as previously noted, requires that
before establishing any add-on payment for a new medical service or
technology, the Secretary seek to identify one or more DRGs associated
with the new technology, based on similar clinical or anatomical
characteristics and the costs of the technology, and assign the new
technology into a DRG where the average costs of care most closely
approximate the costs of care using the new technology. This provision
further states that no add-on payment will be made with respect to such
new technology. As we have noted in prior rulemaking with regard to the
CAR T-cell therapies (83 FR 41172), if a new MS-DRG were to be created,
then consistent with section 1886(d)(5)(K)(ix) of the Act, there may no
longer be a need for a new technology add-on payment under section
1886(d)(5)(K)(ii)(III) of the Act.
For these reasons, for purposes of FY 2021 new technology add-on
payments,
[[Page 32644]]
we are proposing to evaluate the cost criterion for the CAR T-cell
therapy technologies using the proposed threshold for the newly
proposed MS-DRG to which the procedure codes describing the use of the
CAR T-cell therapies would be assigned in FY 2021 (MS-DRG 018). This
proposed policy would apply to the new FY 2021 CAR T-cell therapy
applications, KTE-X19 and Liso-cel, and those CAR T-cell therapies
previously approved for new technology add-on payments, KYMRIAH[supreg]
and YESCARTA[supreg].
As such, we are proposing to evaluate whether KTE-X19 meets the
cost criterion using the proposed new MS-DRG 018 threshold amount of
$1,237,393. As previously mentioned and reported by the applicant, the
final inflated average case-weighted standardized charge per case for
KTE-X19 was $201,459 for the Primary Cohort. As previously noted, this
figure does not include the cost of the technology. However, we now
have cases involving the use of CAR T-cell therapy within the FY 2019
MedPAR data that we believe may reflect cases that could be eligible
for KTE-X19 or which can be used to approximate the charges for KTE-X19
to estimate the average standardized charge per case for purposes of
this proposed rule. This charge information from the FY 2019 MedPAR
data can be found in the FY 2021 Proposed Before Outliers Removed (BOR)
File (available on the CMS website) for Version 38 of the MS-DRGs.
Based on information from the FY 2021 Proposed BOR File for Version 38
of the MS-DRGs, the standardized charge per case for MS-DRG 018 is
$913,224. The average case-weighted threshold amount based on the
proposed new MS-DRG 018 is $1,237,393. Because this estimated average
case-weighted standardized charge per case does not exceed the average
case-weighted threshold amount for proposed MS-DRG 018, we do not
believe the technology would meet the cost criterion. We note that this
analysis is based on CMS data. The applicant conducted its own analysis
as previously described that did not include the cost of the
technology. We welcome additional information from the applicant
regarding the cost of KTE-X19 to inform our determination for the final
rule regarding whether the applicant meets the cost criterion based on
the applicant's cost analysis.
We invite public comment on our proposal, for purposes of FY 2021
new technology add-on payments for CAR T-cell therapy technologies, to
evaluate the cost criterion using the proposed threshold for the newly
proposed MS-DRG 018 to which the procedure codes describing the use of
the CAR T-cell therapies would be assigned in FY 2021, and on whether
KTE-X19 meets the cost criterion based on this proposal. We also invite
public comment on our proposal to use the proposed threshold for the
upcoming fiscal year for any proposed new MS-DRG to evaluate the cost
criterion for technologies that would be assigned to the proposed new
MS-DRG, beginning with FY 2022 new technology add-on payments for all
other non-CAR T-cell therapy technologies.
With respect to the substantial clinical improvement criterion, the
applicant asserted that KTE-X19 represents a new treatment option for
an adult patient population unresponsive to, or ineligible for,
currently available treatments. The applicant also believes that the
use of KTE-X19 significantly improves clinical outcomes for a patient
with r/r MCL as compared to currently available therapies, including
BTK inhibitors. The applicant stated that KTE-X19 provides access to a
treatment option for patients with r/r MCL who have not been responsive
to first line or second line therapies. The applicant provided further
detail regarding these assertions, referencing the results of a Phase 2
study and historical and meta analyses, which are summarized in this
section of this rule.
The applicant asserted that the use of KTE-X19 significantly
improves clinical outcomes for a patient population as compared to
currently available treatments. The applicant contended that Bruton's
tyrosine kinase (BTK) inhibitor, ibrutinib, is the most common third-
line therapy used for patients with r/r MCL and has been shown to offer
improvements over other chemotherapy-based regimens for r/r MCL
patients. The applicant also referenced a more selective BTK inhibitor,
acalabrutinib, which was approved in the US for the treatment of
patients with r/r MCL.277 278 In registrational trials, the
objective response rates and complete response rates were 66% and 17%,
respectively for ibrutinib, and 81% and 40%, respectively, for
acalabrutinib.279 280 The applicant contended that primary
and secondary resistance to BTK inhibitors \281\ is common, and
subsequent therapies currently available are minimally
effective.282 283 284 The applicant further summarized two
retrospective studies that showed patients with r/r MCL with >=3 prior
lines of therapy before receiving the BTK inhibitor had an objective
response rate of approximately 25% to BTK salvage
therapy.285 286 The applicant submitted supplemental
information describing two additional studies looking at the outcomes
for patients receiving BTK inhibitors who had received previous
therapies for their r/r MCL. A study by Regny and colleagues \287\
studied 67 subjects who received BTK inhibitor treatment who then
received a regimen of rituximab, bendamustine, bortezomib, and
dexamethasone (RiVBD). The objective response rate for the 12 patients
that had previously received ibrutinib was 67% and the median duration
of response was 17 months.\288\ The second study, by McCulloch and
colleagues, was a retrospective study of 35 subjects with r/r MCL who
had prior BTK inhibitor treatment and subsequently went on to receive a
regimen of rituximab, bendamustine, and cytarabine (R-BAC). For these
patients, following the R-BAC regimen, the ORR was 82.3% and the
combined CR/unconfirmed CR rate was 55.1%. The median progression free
survival (PFS) was 9.3 months, and the median OS was 12.2 months.\289\
---------------------------------------------------------------------------
\277\ Kantar Health. CancerMPact[supreg] United States.
September 2018, v1.2.
\278\ Vose JM. Mantle cell lymphoma: 2017 update on diagnosis,
risk-stratification, and clinical management. Am J Hematol.
2017;92(8):806-813.
\279\ Ibrutinib USPI. Available from: https://www.imbruvica.com/docs/librariesprovider7/default-document-library/prescribing_information.pdf.
\280\ Acalabrutinib USPI. Available from: https://www.azpicentral.com/calquence/calquence.pdf#page=1.
\281\ Rule S, et al. Median 3.5-year follow-up of ibrutinib
treatment in patients with relapsed/refractory Mantle Cell Lymphoma:
A pooled analysis. Blood Dec. 2017;130(Suppl 1):151.
\282\ Cheah CY, et al. Patients with mantle cell lymphoma
failing ibrutinib are unlikely to respond to salvage chemotherapy
and have poor outcomes. Ann Oncol. 2015;26(6):1175-9.
\283\ Martin P, et al. Postibrutinib outcomes in patients with
mantle cell lymphoma. Blood. 2016;127 (12):1559-63.
\284\ DerSimonian R, Laird N. Meta-analysis in clinical trials.
Control Clin Trials. 1986;7(3):177-88.
\285\ Cheah CY, et al. Patients with mantle cell lymphoma
failing ibrutinib are unlikely to respond to salvage chemotherapy
and have poor outcomes. Ann Oncol. 2015;26(6):1175-9.
\286\ Martin P, et al. Postibrutinib outcomes in patients with
mantle cell lymphoma. Blood. 2016;127 (12):1559-63.
\287\ Regny C, et al. Clinical efficacy of the RIBVD regimen for
refractory/relapsed (r/r) Mantle Cell Lymphoma (MCL) patients: A
retrospective study of the LYSA Group [Poster]. EHA; 2019 13-16
June; Amsterdam, Netherlands.
\288\ Regny C, et al. Clinical efficacy of the RIBVD regimen for
refractory/relapsed (r/r) Mantle Cell Lymphoma (MCL) patients: A
retrospective study of the LYSA Group [Poster]. EHA; 2019 13-16
June; Amsterdam, Netherlands.
\289\ McCulloch R, et al. R-BAC maintains high response rate in
Mantle Cell Lymphoma following relapse on BTK inhibitor therapy
[Abstract 3989]. ASH Annual Meeting; 2019 07-10 December; Orlando,
FL.
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[[Page 32645]]
The ZUMA-2 study of KTE-X19 is the only pivotal study of CAR T-cell
therapy for r/r MCL. ZUMA-2 is a multicenter, open label, Phase 2 study
which evaluated the safety and efficacy of KTE-X19 in patients with r/r
MCL that relapsed or are refractory to prior therapy, including BTK
inhibitors. Participants were required to have received at least 5
prior regimens of MCL treatment, which must have included anthracycline
(or bendamustine containing chemotherapy), an anti-CD20 monoclonial
anitibody and BTK inhibitor. The ZUMA-2 study included 68 subjects
treated with KTE-X19. The safety analysis included a review of all 68
subjects, with the primary analysis of efficacy reviewing the first 60
subjects treated with KTE-X19. ZUMA-2 was conducted in 33 centers in
the United States, France, Germany and the Netherlands. Of the 60
subjects in the primary analysis set, 59 were from U.S. sites. Of the
68 subjects in the safety analysis set, 62 were from U.S. sites. Among
the 68 subjects, the median age was 65 years (range 38-79) and 54
subjects (84%) were male. Additionally, 58 of the subjects (85%) had
stage IV of the disease and the subjects had a median of 3 prior
therapies, with 55 or 81% of subjects having received >=3 prior
therapies. In addition, 43% had relapsed after a prior autologous stem
cell transplant (ASCT); the remaining subjects had either relapsed
after or were refractory to their last therapy for MCL.
The applicant initially submitted information from its interim
analysis of ZUMA-2, which included 28 subjects treated with KTE-X19 who
had the opportunity to be followed for 12 months at the time of the
data cutoff (May 30, 2018). In supplemental information shared with
CMS, which the applicant referred to as its primary analysis, all 60
subjects were followed for 6 months after the Week 4 disease
assessment, and the 28 subjects from the interim analysis were followed
for 24 months.
According to the applicant, because no effective standard therapy
for subjects with r/r MCL who have progressed following a prior BTK
inhibitor therapy exists, ZUMA-2 had no comparison arm. The applicant
described how a historical control was the only ethical and feasible
study design for patients with r/r MCL who had not responded to the
most promising therapies available, including BTK inhibitors.
Therefore, the historical controls consisted of two studies by Martin
et al., (2016) and Cheah et al., (2015), and a meta-analysis of six
studies, consisting of 255 subjects, discovered during a literature
search.
According to the Martin et al. (2016), retrospective cohort study
referenced by the applicant, the investigators-reported best response
rate (RR) to ibrutinib was 55% (43% partial response [PR], 12% complete
response [CR]), with 35% of patients having a best response of
progressive disease. But among patients who received subsequent
therapy, local clinicians reported that 13 patients (19%) achieved PR,
and 5 (7%) achieved CR. The median overall survival (OS) following
cessation of ibrutinib was 2.9 months (95% confidence interval [CI],
1.6-4.9). Of the 104 patients with data available, 73 underwent at
least one additional line of currently available treatment after
stopping ibrutinib with a median OS of 5.8 months (95% confidence
interval [CI], 3.7-10.4).\290\
---------------------------------------------------------------------------
\290\ Op cit, Martin.
---------------------------------------------------------------------------
Also according to the Cheah et al. (2015), retrospective review
study referenced by the applicant, they found that among the 31
patients who experienced disease progression following ibrutinib and
underwent salvage therapy, the overall objective response rate (ORR)
and complete response rate (CRR) was 32% and 19%, respectively. After a
median follow-up of 10.7 (range 2.4-38.9) months from discontinuation
of ibrutinib, the median OS among patients with disease progression was
8.4 months and the estimated one-year OS was 22.1% (95% CI 8.3% to
40.2%).\291\
---------------------------------------------------------------------------
\291\ Op cit, Cheah.
---------------------------------------------------------------------------
To evaluate the effectiveness of KTE-X19, the applicant noted it
used an ORR comparison of 25%, which was derived from the two
aforementioned studies (Martin et al., and Cheah et al.) with patients
with r/r MCL who progressed on the most predominantly prescribed BTK
inhibitor, ibrutinib. The results of these two studies showed a median
OS of 5.8 months after receiving at least 1 additional line of
currently available therapy to treat r/r MCL. Those who did not receive
salvage therapy had a median OS of 0.8 months.\292\
---------------------------------------------------------------------------
\292\ Ibid.
---------------------------------------------------------------------------
The applicant asserted that the interim analysis of ZUMA-2
demonstrated the efficacy of KTE-X19 in subjects (n = 28) with r/r MCL
who were heavily pretreated. The interim analysis showed patients with
an ORR of 86% (24/28 subjects; 95% CI: 67% to 96%), which was an
increase compared to the pre-specified historical control ORR of 25%
and the pooled ORR obtained through the meta-analysis of 28%.
[GRAPHIC] [TIFF OMITTED] TP29MY20.132
[[Page 32646]]
Based on the primary analysis of the 60 subjects included in the
ZUMA-2 study, there was an ORR of 93% after a single dose of KTE-X19
(56 of 60 subjects with a 95% CI of 83.8%, 98.2%). The applicant
reported that the complete response rate was 67% (40 of 60 subjects
with a 95% CI of 53.3%, 78.3%). The applicant noted the ORR of 93% and
CR 67% were observed across age groups (94% ages >=65; 93% ages <65.
And, of the 40 subjects achieving CR, 22 subjects were aged >=65 and 18
were aged <65). The applicant highlighted that the ORR of 93% was
significantly higher than the prespecified historical control rate of
25%. Furthermore, the applicant noted that among the 42 subjects who
initially had a partial response (PR) or stable disease (SD), 24
subjects (57%) went on to achieve a CR after a median of 2.2 months
(range: 1.8 to 8.3 months). Twenty-one subjects converted from PR to
CR, and 3 subjects converted from SD to CR.
The primary analysis from ZUMA-2 showed that with a median follow-
up time of 12.3 months, the median DOR was not reached following the
KTE-X19 therapy and that this result was consistent across age groups.
Kaplan-Meier estimates of the progression free survival (PFS) rates at
6 months and 12 months were 77.0% and 60.9%, respectively, and the
median PFS was not reached with a median potential follow-up of 12.3
months (range: 7.0 to 32.3 months) (this analysis was provided by the
applicant). Additionally, 57% of all patients and 78% of patients with
a CR remained in remission (results consistent across age groups).
Furthermore, as reported by the applicant, among the first 28 subjects
studied as part of the interim analysis, 43% remained in continued
remission without additional therapy at the follow-up period of 27
months (range, 25.3--32.3).
The ZUMA-2 primary analysis 6-month and 1-year survival rate was
86.7% and 83.2%, respectively. The applicant also conducted an
additional analysis of OS among the first 28 subjects (ZUMA-2 interim
analysis) who were treated with KTE-X19 and had a potential follow-up
of >=24 months. Among these subjects, the OS rate estimate at 24 months
was 67.9% and the median OS was not reached. In comparison, the Cheah
and et al. (2015) post-ibrutinib salvage therapy study reported a lower
one-year survival rate of 22%. Additionally, among the subjects in CR
at month 3 who had the opportunity to be followed to month 12, 90%
remained in CR at month 12. The applicant contended that this statistic
showcased that early responses to KTE-X19 are likely indicative of
long-term remission after the single infusion of KTE-X19. Furthermore,
the applicant suggested that a substantial number of patients with r/r
MCL treated with KTE-X19 will achieve a CR, and that this suggests
these patients will likely experience a long-term remission after a
single infusion of KTE-X19. The applicant also noted that these results
were consistent across age groups at the time of the primary data
analysis cut-off (July 24, 2019). By contrast, the applicant noted that
patients with r/r MCL who had prior BTK inhibitor treatment had CR
rates ranging from 7-22%. Additionally, the applicant noted that the
majority of patients on BTK inhibitor treatment go on to have
progressive disease given that the responses achieved with currently
available salvage therapies are short lived and have a DOR ranging from
3 to 5.8 months.293 294 295 296
---------------------------------------------------------------------------
\293\ Kochenderfer JN, et al. Lymphoma Remissions Caused by
Anti-CD19 Chimeric Antigen Receptor T Cells Are Associated With High
Serum Interleukin-15 Levels. J Clin Oncol. 2017a;35(16):1803-13.
\294\ Kochenderfer JN, et al. Long-Duration Complete Remissions
of Diffuse Large B Cell Lymphoma after Anti-CD19 Chimeric Antigen
Receptor T Cell Therapy. Mol Ther. 2017b;25(10):2245-53.
\295\ Gupta S, et al. Recommendations for the design,
optimization, and qualification of cell-based assays used for the
detection of neutralizing antibody responses elicited to biological
therapeutics. Journal of Immunological Methods. 2007;321(1-2):1-18.
\296\ Davila ML, et al. Efficacy and toxicity management of 19-
28z CAR T cell therapy in B cell acute lymphoblastic leukemia. Sci
Transl Med. 2014;6(224):224ra25.
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In regards to the safety and efficacy of KTE-X19, the applicant
argued that the ZUMA-2 study demonstrated a positive benefit-risk of
KTE-X19 over the current therapy options for patients with r/r MCL. The
applicant stated that the toxicity profile that is associated with KTE-
X19 therapy can be managed and that the KTE-X19 risk evaluation and
mitigation strategies (REMS) will ensure that hospitals providing KTE-
X19 therapy are certified so that all who prescribe, dispense, or
administer KTE-X19 are aware of how to manage the risk of cytokine
release syndrome (CRS) and neurologic events. However, the applicant
notes that patients who were >=65 years old showed a trend toward a
higher incidence of Grade 3 or higher CRS compared to those <=65 years
old. (21% versus 7%). Additionally, all subjects in the ZUMA-2 primary
analysis had at least 1 adverse event (AE), 99% of subjects had at
least 1 AE that was Grade 3 or higher, and 68% of subjects had at least
1 serious adverse event (SAE). The most common Grade 3 or higher AEs
were anemia and neutrophil count decreased (50% each) and WBC decreased
(40%). Furthermore, CRS occurred in 62 of 68 (91%) subjects in the
ZUMA-2 safety analysis. Of these, 8 subjects (12%) had worst Grade 3
CRS, and 2 subjects (3%) had worst Grade 4 CRS. No subject had Grade 5
CRS, according to the applicant. Furthermore, according the applicant,
the most common CRS symptoms of any grade were pyrexia, hypotension,
and hypoxia. The most common Grade 3 or higher CRS symptoms were
hypotension (15 subjects, 24%), hypoxia (12 subjects, 19%), and pyrexia
(7 subjects, 11%). No patient in the ZUMA-2 study treated with KTE-X19
died from CRS.
The applicant mentioned that 43 of the 68 patients (63%) in the
ZUMA-2 study also experienced forms of neurologic events. Of these, 15
subjects (22%) had a worst Grade 3 neurologic event, and 6 subjects
(9%) had a worst Grade 4 neurologic event. Twenty-two subjects (32%)
had serious neurologic events, however, the applicant noted no subject
had a Grade 5 neurologic event. Of these, the most common neurologic
events of any grade were tremor, encephalopathy, and confusional state.
The most common Grade 3 or higher neurologic events were encephalopathy
(13 subjects, 19%), confusional state (8 subjects, 12%), and aphasia (3
subjects, 4%). Compared with subjects who were <65 years of age,
subjects who were >=65 years of age showed a trend toward a higher
incidence of Grade 3 or higher neurologic events (36% versus 24%). The
applicant noted that these neurologic events resolved for all but 6
subjects and that among those whose neurologic events had resolved, the
median duration was 12 days. Additionally, no patient died from
neurologic events.
Overall, ZUMA-2 primary results showed that at the time of the
analysis cutoff (July 2019), 16 of 68 subjects (24%) had died; 4 deaths
occurred >30 days through 3 months after infusion of KTE-X19 and 12
deaths occurred >=3 months after infusion of KTE-X19. Fourteen of the
16 subjects died as a result of progressive disease and two of the 16
subjects died due to AEs other than disease progression (Grade 5 AE of
staphylococcal bacteremia and Grade 5 AE of organizing pneumonia).
Although the applicant asserted that KTE-X19 represents a
substantial clinical improvement compared to other currently available
treatments, we are concerned with the generalizability of the findings
from ZUMA-2 to the general Medicare population. We note that 85% of
ZUMA-2 participants had stage IV disease development and that
[[Page 32647]]
this therapy may demonstrate a benefit to a sicker patient population.
However, we are concerned about whether the population of the ZUMA-2
study mirrors the characteristics of the Medicare population and
whether the study included patients that had a similar severity of
disease as would be common within the Medicare population.
The literature search performed by the applicant included a total
of 255 subjects, across 6 studies, and the ZUMA-2 study included 68
subjects studied in the primary analysis. We are concerned with the
relatively small combined sample size from the literature search and
ZUMA-2 study performed by the applicant. We also note that the
applicant stated that it closely communicated with FDA in the
development of the ZUMA-2 study, including in the development of the
sample size, but we remain concerned about whether the ZUMA-2 study
results support a determination of substantial clinical improvement
given the small sample size. Although the applicant's analysis of the
ZUMA-2 study concluded that KTE-X19 offers a treatment option for a
patient population unresponsive to, or ineligible for, currently
available treatments, we are concerned as to whether the sample size
and research presented in this application support extrapolating these
results across the Medicare population.
We are also concerned that there has not been a direct study
completed comparing outcomes of patients with r/r MCL treatment with
KTE-X19 and BTK inhibitors. According to the applicant, ZUMA-2 remains
the only study to evaluate patient outcomes after receiving KTE-X19 for
the treatment of r/r MCL, but this study does not include a direct
comparison to other existing therapies for r/r MCL. Despite there being
no standard of second-line care for r/r MCL patients that failed on
previous therapies, according to the applicant, a BTK inhibitor
reflects the best currently available therapy for treating r/r
MCL.\297\
---------------------------------------------------------------------------
\297\ Campo E, Rule S. Mantle cell lymphoma: Evolving management
strategies. Blood. 2015;125(1):48-55.
---------------------------------------------------------------------------
While the ZUMA-2 primary analysis 6 month and one-year survival
rate was 86.7% and 83.2%, respectively, we are concerned that a longer
term analysis of this population is not available to evaluate the
overall survival and mortality data. We note that the applicant did
conduct an additional analysis of OS among the first 28 subjects (ZUMA-
2 interim analysis) which showed an OS rate estimate at 24 months of
67.9% while the median OS was not reached. Additionally, the applicant
referenced that all subjects in the ZUMA-2 primary analysis had at
least 1 adverse event, and that throughout the course of the ZUMA-2
study, 16 deaths were recorded. However, while the applicant noted only
2 of these 16 deaths were related to adverse events, we remain
concerned that further analysis may be needed to evaluate the safety of
KTE-X19 and the longer term effects of the CRS and neurological events
associated with the KTE-X19 therapy.
We are inviting public comments on whether KTE-X19 meets the
substantial clinical improvement criterion.
We did not receive any written comments in response to the New
Technology Town Hall meeting notice published in the Federal Register
regarding the substantial clinical improvement criterion for the KTE-
X19 or at the New Technology Town Hall meeting.
j. Lisocabtagene Maraleucel (Liso-cel)
Juno Therapeutics, a Bristol-Myers Squibb Company, submitted an
application for new technology add-on payment for FY 2021 for
lisocabtagene maraleucel (Liso-cel). Liso-cel is an investigational,
CD19-directed, autologous chimeric antigen receptor (CAR) T-cell
immunotherapy that is comprised of individually formulated CD8 (killer)
and CD4 (helper) CAR T-cells that the applicant anticipates to be
indicated for the treatment of adult patients with relapsed or
refractory (r/r) large B-cell lymphoma after at least two prior
therapies. According to the National Comprehensive Cancer Network,
Diffuse Large B-cell lymphoma (DLBCL) is the most common type of Non-
Hodgkin's Lymphoma (NHL) in the U.S. and worldwide, accounting for
nearly 30% of newly diagnosed cases of B-cell NHL in U.S.\298\ DLBCL is
characterized by spreading of B-cells through the body that have either
arrived de novo or by the transformation from indolent lymphoma.
---------------------------------------------------------------------------
\298\ Ferlay J, Colombet M, Soerjomataram, et al., Estimating
the global cancer incidence and mortality in 2018: GLOBOCAN sources
and methods, Int J Cancer. 144: 1941-1953 (Ferlay, 2019); NCCN
Clinical Practice Guidelines in Oncology (NCCN Guidelines[supreg])
for B-Cell Lymphomas V. 5.2019. (copyright) National
Comprehensive Cancer Network, Inc. 2019 (NCCN, 2019).
---------------------------------------------------------------------------
According to the applicant, the standard-of-care, first-line
immune-chemotherapy for DLBCL includes regimens such as
cyclophosphamide, doxorubicin, vincristine, and prednisone plus
rituximab (R-CHOP).\299\ These regimens result in long-lasting
remission in more than 50% of patients.\300\ However, approximately 10%
to 15% of patients will have primary refractory disease (that is,
nonresponse or relapse within three months of first-line therapy), and
an additional 20% to 25% will relapse following an initial response to
therapy.\301\ Patients with relapses of aggressive B-cell lymphomas are
believed to have a poor prognosis because of potential treatment
resistance and rapid tumor growth, with only about 30% to 40%
responding to salvage chemotherapy (for example, R-ICE, DHAP, or Gem-
ox) followed by high-dose therapy and autologous stem cell
transplantation for patients demonstrating chemotherapy-sensitive
disease.\302\ Among patients eligible to undergo autologous stem cell
transplantation (ASCT), only 50% will achieve a remission adequate to
proceed to ASCT, and approximately 50% will relapse after
transplantation.\303\ The applicant also noted that transplant
eligibility is also restricted based on age and tolerance to high dose
chemotherapy and thus excludes a moderate subset of patients with r/r
DLBCL.
---------------------------------------------------------------------------
\299\ Coiffier, Bertrand et al., Long-term outcome of patients
in the LNH-98.5 trial, the first randomized study comparing
rituximab-CHOP to standard CHOP chemotherapy in DLBCL patients: A
study by Group d'Etudes des Lymphomes de l'Adulte, blood 2010 116:
2040-2045. (Coiffier, 2010).
\300\ Ibid.
\301\ Ibid.
\302\ Crump M, Neelapu SS, Farooq U, et al., Outcomes in
refractory diffuse large B-cell lymphoma: results from the
international SCHOLAR-1 study, Blood. 2017; 130(16): 1800-1808
(Crump, 2017); Cunningham D, Hawkes EA, Jack A, et al. Rituximab
plus cyclophosphamide, doxorubicin, vincristine, and prednisolone in
patients with newly diagnosed diffuse large B-cell non-Hodgkin
lymphoma: A phase 3 comparison of dose intensification with 14-day
versus 21-day cycles Lancet. 2013; 381: 1817-1826 (Cunningham,
2013).
\303\ Ibid.
---------------------------------------------------------------------------
Additionally, the applicant explained that the available therapies
for 3L+ large B-cell lymphoma include the following:
CD19-directed genetically modified autologous CAR T-cell
immunotherapy axicabtagene ciloleucel (YESCARTA[supreg]), approved in
October 2017 for the treatment of adult patients with r/r large B-cell
lymphoma after two or more lines of systemic therapy, including DLBCL
not otherwise specified, primary mediastinal large B-cell lymphoma,
high grade B-cell lymphoma, and DLBCL arising from follicular lymphoma
(FL).\304\
---------------------------------------------------------------------------
\304\ YESCARTA[supreg]'s approval was based on a single arm
study (ZUMA-1) demonstrating an IRC-assessed ORR of 72%, CR of 51%,
and an estimated median DOR of 9.2 months in 101 subjects included
in the modified intent-to-treat (mITT population).
---------------------------------------------------------------------------
[[Page 32648]]
CAR T-cell therapy tisagenlecluecel (KYMRIAH[supreg]),
approved in May 2018, for the treatment of adult patients with r/r
large B-cell lymphoma after two or more lines of systemic therapy,
including DLBCL not otherwise specified, high grade B-cell lymphoma,
and DLBCL arising from FL.\305\
---------------------------------------------------------------------------
\305\ KYMRIAH[supreg]'s approval was based on a single-arm study
(JULIET) demonstrating an ORR of 50% and a CR rate of 32% in 68
efficacy-evaluable subjects. A median DOR was not reached with a
median follow-up of 9.4 months.
---------------------------------------------------------------------------
Programmed death receptor-1 (PD-1)-blocking antibody--
(KEYTRUDA[supreg]), approved in 2018, for the treatment of adult and
pediatric patients with refractory primary mediastinal B-cell lymphoma
(PMBCL), or who have relapsed after two or more prior lines of
therapy.\306\
---------------------------------------------------------------------------
\306\ KEYTRUDA is not recommended for treatment of patients with
PMBCL who require urgent cytoreductive therapy. Keytruda USPI
(2019).
---------------------------------------------------------------------------
CD79b-directed antibody-drug conjugate polatuzumab vedotin
(POLIVY[supreg]), in combination with bendamustine and rituximab,
approved in 2019, for the treatment of adult patients with r/r DLBCL,
not otherwise specified, after at least two prior therapies.
According to the applicant, despite the availability of these
therapies, r/r large B-cell lymphoma remains a major cause of morbidity
and mortality due to the aggressive disease course. The applicant noted
that the safety profiles of these therapies exclude many r/r large B-
cell lymphoma patients from being able to undergo treatment with these
therapies.\307\
---------------------------------------------------------------------------
\307\ Smith SD, Reddy P, Sokolova A, et al., Eligibility for CAR
T-cell therapy: An analysis of selection criteria and survival
outcomes in chemorefractory DLBCL, Am. J. Hematol. 2019; E119: 1-4
(Smith, 2019).
---------------------------------------------------------------------------
With respect to the newness criterion, the applicant submitted a
BLA for Liso-cel in October 2019, however, as of the time of the
development of this proposed rule, had not received FDA approval. Liso-
cel was granted Breakthrough Therapy Designation (BTD) on December 15,
2016 and Regenerative Medicine Advanced Therapy (RMAT) designation on
October 20, 2017, for the treatment of patients with r/r aggressive
large B-cell NHL, including DLBCL, not otherwise specified (DLBCL NOS;
de novo or transformed from indolent lymphoma), primary mediastinal B-
cell lymphoma (PMBCL), or follicular lymphoma Grade 3B (FL3B)). We note
that the applicant submitted a request for approval for a unique ICD-
10-PCS procedure code for the administration of Liso-cel beginning in
FY 2021. We note that procedures involving the CAR T-cell therapies
previously approved for new technology add-on payments (KYMRIAH[supreg]
and YESCARTA[supreg] therapies) are reported using the following ICD-
10-PCS procedure codes: XW033C3 (Introduction of engineered autologous
chimeric antigen receptor t-cell immunotherapy into peripheral vein,
percutaneous approach, new technology group 3); and XW043C3
(Introduction of engineered autologous chimeric antigen receptor t-cell
immunotherapy into central vein, percutaneous approach, new technology
group 3). Under the current coding system, cases involving the use of
Liso-cel would be coded using ICD-10-PCS XW033C3 and XW043C3, which are
currently grouped to MS-DRG 016. As discussed in section II.D.2.b. of
the preamble of this proposed rule, effective for discharges occurring
in FY 2021, we are proposing to assign cases reporting ICD-10-PCS
procedure codes XW033C3 or XW043C3 to a proposed new MS-DRG 018
(Chimeric Antigen Receptor (CAR) T-cell Immunotherapy), which would
include cases reporting the use of Liso-Cel, if approved and finalized.
While we note the applicant has submitted a request for approval for a
unique ICD-10-PCS code to describe the use of Liso-cel, beginning in FY
2021, any applicable finalized codes describing the use of Liso-cel
will be addressed in the final rule.
As previously discussed, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and would not be considered ``new''
for purposes of new technology add-on payments.
With regard to the first criterion, whether a product uses the same
or a similar mechanism of action to achieve a therapeutic outcome, the
applicant described two ways in which it believes the mechanism of
action for Liso-cel differs from previously approved therapies for
DLBCL. First, the applicant described the therapy as being comprised of
individually formulated cryopreserved patient-specific helper (CD4) and
killer (CD8) CAR T-cells in suspension that are administered as a
defined composition of CAR-positive viable T-cells (from individually
formulated CD8 and CD4 components). The applicant stated that the
therapy involves a different mechanism of action from other CAR T-cell
therapies because the CD4 and CD8 T-cells are purified and cultured
separately to maintain compositional control of each cell type.
Furthermore, during culture, each cell type is separately modified to
have the CAR on the cell surface, expanded and quantified, and frozen
in two separate cell suspensions. The applicant then described how
Liso-cel is infused with the same target dose of CD4 and CD8 CAR T-
cells for every patient. The applicant asserted that because Liso-cel
controls the same dosage for both CD4 and CD8, it differs from other
CAR T-cell therapies for DLBCL and could potentially provide for higher
safety and efficacy; the applicant stated that CAR T-cell therapies
that do not control for CD8 CAR T-cell dosage have demonstrated higher
rates of severe and life-threatening toxicities, such as cytokine
release syndrome (CRS) and neurotoxicity (NT).
The second feature the applicant described as distinguishing Liso-
cel's mechanism of action from existing CD19-directed CAR T-cell
therapies was the presence of an EGFRt cell surface tag. The applicant
explained that the EGFRt cell surface tag could hypothetically be
targeted for CAR T-cell clearance by separately administering
cetuximab, a monoclonal antibody. According to the applicant, if the
patient was separately administered cetuximab, the presence of the
EGFRt cell surface tag within Liso-cel would allow cetuximba to bind to
the CAR T-cells and clear the cells from the patient. The applicant
highlighted studies that showed that persistent functional CD19-
directed CAR T-cells in patients caused sustained depletion of a
patient's normal B-cells that expressed CD19, resulting in
hypogammaglobulinemia and an increased risk of life-threatening or
chronic infections.\308\ The applicant further explained that such
prolonged low levels of normal B-cells could place a patient at risk of
life-threatening or chronic infections. According to the applicant, the
ability to deplete CAR T-cells, via the administration of cetuximab,
when a patient achieves a long-term remission could hypothetically
allow recovery of normal B-cells and potentially reduce the risk of
life-threatening or chronic infections. The applicant noted that
experiments in a laboratory setting showed that targeting EGFRt with
the monoclonal antibody cetuximab eliminated CAR T-cells expressing the
EGFRt marker, which resulted in long-term reversal of B-cell aplasia in
mice.\309\ However, the
[[Page 32649]]
applicant noted that this mechanism of CAR T-cell clearance, via
administration of cetuximab and EGFRt cell surface tags/markers, has
not been tested in humans nor in other patients treated with Liso-cel.
---------------------------------------------------------------------------
\308\ Kalos M, Levine BL, Porter DL, et al., T Cells with
Chimeric Antigen Receptors Have Potent Antitumor Effects and Can
Establish Memory in Patients with Advanced Leukemia, Sci Transl Med.
2011; 3(95): 1-21 (Kalos, 2011).
\309\ Paszkiewicz PJ, Frable SP, Srivastava S, et al., Targeted
antibody-mediated depletion of murine CD19 CAR T cells permanently
reverses B cell aplasia, J Clin Invest. 2016; 126(11): 4262-4272
(Paszkiewicz, 2016).
---------------------------------------------------------------------------
With respect to the second criterion, whether a product is assigned
to the same or a different MS-DRG, the applicant acknowledged that
Liso-cel would likely map to the same MS-DRG as other existing CAR T-
cell therapies, which are currently assigned to MS-DRG 016. The
applicant also referenced a request made by it and other CAR T-cell
therapy manufacturers to create a new MS-DRG specifically for CAR T-
cell therapies. The applicant also acknowledged that in previous
rulemaking CMS stated that all CAR T-cell therapies would be assigned
to MS-DRG 016, Autologous Bone Marrow Transplant with CC/MCC while CMS
continues to study the issue. As previously noted and further discussed
in section II.D.2.b. of the preamble of this proposed rule, we are
proposing to assign CAR T-cell therapy cases to a new MS-DRG 018
(Chimeric Antigen Receptor (CAR) T-cell Immunotherapy) effective for
discharges occurring in FY 2021.
With respect to the third criterion, whether the new use of the
technology involves the treatment of the same or similar type of
disease and the same or similar patient population, according to the
applicant, Liso-cel fills an unmet need in the treatment of large B-
cell lymphoma because Liso-cel would be indicated as a third-line
treatment option for patients with r/r DLBCL, who cannot be treated
with existing CAR T-cell therapies. The applicant asserted that Liso-
cel would be able to treat these patients that present with uncommon
subtypes of DLBCL including, PMBCL, FL3B, and DLBCL transformed from
indolent lymphoma from other follicular lymphoma, elderly patients
(>=65 years old), patients with secondary CNS involvement by lymphoma,
and those with moderate renal or cardiac comorbidities. The applicant
asserted that these patient populations were excluded from
registrational trials for YESCARTA[supreg] and KYMRIAH[supreg], and
therefore represent an unmet patient need. Regarding newness, we are
concerned as to whether a differing production and/or dosage represents
a different mechanism of action as compared to previously FDA-approved
CAR T-cell therapies. We are also concerned about whether the existence
of an EGFRt cell surface tag equates to a new mechanism of action given
that in order to activate this cell surface tag, an additional
medication, cetuximab, which targets the CAR T-cells for clearance,
would be needed. We also express concern that, based on our
understanding, the presence of the EGFRt cell surface tag is a
potential way to treat an adverse event of the Liso-cel therapy and is
not critical to the way the drug treats the underlying disease. We note
that the applicant referenced that while this EGFRt cell surface tag is
included within the Liso-cel compound, it remains dormant without
activation by cetuximab. Finally, the applicant noted that Liso-cel has
been shown safe and effective for patient populations excluded from
registrational trials for YESCARTA[supreg] and KYMRIAH[supreg],
including patients with uncommon subtypes of large B-cell lymphoma,
including PMBCL, FL3B, and DLBCL transformed from indolent lymphoma
other than FL, elderly patients (>=65 years old), patients with
secondary CNS involvement by lymphoma and those with moderate renal or
cardiac comorbidities.\310\ We note that the FDA label for
YESCARTA[supreg] and KYMRIAH[supreg] does not appear to specifically
exclude these patient populations or NHL subtypes. As such, it is
unclear whether Liso-cel would in fact treat a patient population
different from other CAR T-cell therapies that treat patients with
DLBCL. Additionally, as previously discussed, we are proposing to
assign cases involving the use of Liso-cel to the same MS-DRG as other
CAR T-cell therapies previously approved for new technology add-on
payments. We refer readers to section II.D.2.b. of the preamble of this
proposed rule for discussion of our proposal to create a new MS-DRG 018
for CAR T-cell therapies which, if finalized, would include cases
reporting the use Liso-cel.
---------------------------------------------------------------------------
\310\ Lisocabtagene maraleucel Biologics License Application
(BLA).
---------------------------------------------------------------------------
We are inviting public comments on whether Liso-cel is
substantially similar to other technologies and whether Liso-cel meets
the newness criterion.
With regard to the cost criterion, the applicant searched the FY
2018 MedPAR claims data file to identify potential cases representing
patients who may be eligible for treatment using Liso-cel. The
applicant identified claims that reported an ICD-10-CM diagnosis code
of: C83.30 (DLBCL, unspecified site); C83.31 (DLBCL, lymph nodes of
head, face and neck); C83.32 (DLBCL, intrathoracic lymph nodes); C83.33
(DLBCL, intra-abdominal lymph nodes); C83.34 (DLBCL, lymph nodes of
axilla and upper limb); C83.35 (DLBCL, lymph nodes of inquinal region
and lower limb); C83.36 (DLBCL, intrapelvic lymph nodes); C83.37
(DLBCL, spleen); C83.38 (DLBCL, lymph nodes of multiple sites); or
C83.39 (DLBCL, extranodal and solid organ sites). However, the
applicant noted that the aforementioned ICD-10-CM codes do not
differentiate r/r patients from the broader DLBCL population. A
clinical literature search completed by the applicant found that the r/
r population makes up one-third of the DLBCL population, but since r/r
patients typically have higher inpatient costs, the applicant selected
one-third of the total identified cases with the highest total charges.
The applicant also identified potential cases where the claim contained
either ICD-10-PCS code XW033C3 (Introduction of engineered autologous
chimeric antigen receptor t-cell immunotherapy into peripheral vein,
percutaneous approach, new technology group 3) or XW043C3 (Introduction
of engineered autologous chimeric antigen receptor t-cell immunotherapy
into central vein, percutaneous approach, new technology group 3) in
addition to the DLBCL diagnosis codes. The applicant found a total of
1,798 cases reporting either one of the previously identified diagnosis
codes or ICD-10-PCS code XW033C3 or XW043C3, mapped to 22 MS-DRGs.
The applicant noted that this analysis was based on charges from
claims in the FY 2018 MedPAR final rule file and were selected based on
the presence of one diagnosis code and one procedure code as previously
discussed. As discussed previously, because clinical data suggests that
about 33% of DLBCL patients are r/r and those patients have higher
inpatient costs than non r/r DLBCL patients, the applicant analyzed the
top third costliest discharges, but also diversified this analysis by
randomly selecting 20% of the remaining cases to account for the
variety of treatment options for patients with DLBCL. The applicant
stated that the use of Liso-cel's therapy would replace chemotherapy or
other drug therapies, including other CAR T-cell therapies. Because of
this, the applicant stated it removed all charges in the drug cost
center since it was not possible to differentiate between different
drugs on inpatient claims. The standardized charges per case were then
calculated using the 2018 IPPS final rule Impact file and the two-year
inflation factor of 11.1% (1.11100) was applied. The applicant noted
that the cost of Liso-cel had not yet been determined at the time of
application. Therefore, without
[[Page 32650]]
considering the charges for Liso-cel, based on the FY 2020 IPPS/LTCH
PPS final rule correction notice data file thresholds for FY 2021, the
final inflated average case-weighted standardized charge per case was
$117,726, which is lower than the MS-DRG 016 average case-weighted
threshold of $170,573. However, we note that the applicant expects the
cost of Liso-cel to be higher than the new technology add-on payment
threshold amount for MS-DRG 016. Therefore, the applicant stated that
Liso-cel met the cost criterion.
As we have discussed in prior rulemaking with regard to the
potential creation of a new MS-DRG for CAR-T cell therapies (83 FR
41172), if a new MS-DRG were to be created, then consistent with
section 1886(d)(5)(K)(ix) of the Act, there may no longer be a need for
a new technology add-on payment under section 1886(d)(5)(K)(ii)(III) of
the Act. Section 1886(d)(5)(K)(ix) of the Act requires that, before
establishing any add-on payment for a new medical service or
technology, the Secretary shall seek to identify one or more DRGs
associated with the new technology, based on similar clinical or
anatomical characteristics and the costs of the technology and assign
the new technology into a DRG where the average costs of care most
closely approximate the costs of care using the new technology. As
discussed in previous rulemaking (71 FR 47996), no add-on payment will
be made if the new technology is assigned to a DRG that most closely
approximates its costs.
As noted previously and discussed in section II.D.2.b of the
preamble of this proposed rule, we are proposing to create proposed new
MS-DRG 018 for cases reporting the use of CAR T-cell therapies
beginning in FY 2021. We also refer readers to section II.G.5.i. of the
preamble of this proposed rule, regarding the new technology add-on
payment application for KTE-X19, for a complete discussion of our
proposal that, effective for FY 2022, for applications for new
technology add-on payments and for previously approved technologies
that may continue to receive new technology add-on payments, the
proposed threshold for a proposed new MS-DRG for the upcoming fiscal
year would be used to evaluate the cost criterion for technologies that
would be assigned to a proposed new MS-DRG. As also discussed in
section II.G.5.i. of this proposed rule, in light of the significant
variance in the threshold amount for the proposed new MS-DRG for cases
reporting CAR T-cell therapies, we are also proposing to apply this
policy when evaluating the CAR T-cell therapy technologies for FY 2021
new technology add-on payments. The application of this proposed policy
for FY 2021 would include the new FY 2021 CAR T-cell therapy
applications and, as discussed in section II.G.4.a. of the preamble of
this proposed rule, those CAR T-cell therapy technologies previously
approved for new technology add-on payments.
As such, we are proposing to evaluate whether Liso-cel meets the
cost criterion using the proposed new MS-DRG 018 threshold amount of
$1,237,393. As previously mentioned, without considering the cost of
the technology, the final inflated average case-weighted standardized
charge per case is $117,726. However, we now have cases involving the
use of CAR T-cell therapy within the FY 2019 MedPAR data that we
believe may reflect cases that could be eligible for Liso-cel or which
can be used to approximate the charges for Liso-cel to estimate the
average standardized charge per case for purposes of this proposed
rule. This charge information from the FY 2019 MedPAR data can be found
in the FY 2021 Proposed Before Outliers Removed (BOR) File (available
on the CMS website) for Version 38 of the MS-DRGs. Based on information
from the FY 2021 Proposed BOR File for Version 38 of the MS-DRGs, the
standardized charge per case for MS-DRG 018 is $913,224. The average
case-weighted threshold amount based on the proposed new MS-DRG 018 is
$1,237,393. Because this estimated average case-weighted standardized
charge per case does not exceed the average case-weighted threshold
amount for proposed MS-DRG 018, we do not believe that the technology
would meet the cost criterion. We note that this analysis is based on
CMS data. The applicant conducted its own analysis as previously
described that did not include the cost of the technology. We welcome
additional information from the applicant regarding the cost of Liso-
cel to inform our determination for the final rule regarding whether
the applicant meets the cost criterion based on the applicant's cost
analysis.
We invite public comment on our proposal to evaluate the cost
criterion for Liso-cel using the proposed threshold amount for proposed
new MS-DRG 018 and whether Liso-cel meets the cost criterion based on
this proposal.
With respect to the substantial clinical improvement criterion, the
applicant asserted that Liso-cel represents a substantial clinical
improvement over existing technologies because it offers a treatment
option for a patient population unresponsive to, or ineligible for,
currently available treatments. The applicant stated that Liso-cel
fills an unmet need in the treatment of patients with large B-cell
lymphoma, including DLBCL, and provides an immunotherapy treatment
option for r/r DLBCL patients who cannot be treated with existing CAR
T-cell therapies. To support this statement, the applicant described
what it considered were important populations that were excluded from
the registrational trials for YESCARTA[supreg] and KYMRIAH[supreg]
(such as renal and cardiac insufficiency, limited marrow reserve,
central nervous system (CNS) involvement by lymphoma, and relapse after
allogeneic hematopoietic stem cell transplant (HSCT)). The applicant
stated that these trials also excluded certain large B-cell lymphoma
subtypes such as DLBCL transformed from indolent lymphomas other than
FL, PMBCL, and follicular lymphoma Grade 3B (FL3B), but that these
excluded patient populations were included in the registrational trial
for Liso-cel.\311\ The applicant referenced that the use of Liso-cel
had been studied for these patients, and was shown to be safe and
resulted in durable responses, including for patients with uncommon
subtypes of large B-cell lymphoma, including PMBCL, FL3B, and DLBCL
transformed from indolent lymphoma other than FL, elderly patients
(>=65 years old), patients with secondary CNS involvement by lymphoma,
and those with moderate renal or cardiac comorbidities.\312\ According
to the applicant, the registrational trials for YESCARTA[supreg] and
KYMRIAH[supreg] also did not include adequate numbers of Medicare
eligible subjects,313 314 315 and therefore the applicant
asserted that Liso-cel represents a substantial clinical improvement
over these existing therapies because it has been shown to have a
benefit to a meaningful number of Medicare beneficiaries. To support
this assertion, the applicant stated that 41% of the subjects treated
with Liso-cel were over the age of 65 years and a similar safety and
efficacy profile was seen for this patient cohort as compared
[[Page 32651]]
to a younger cohort.\316\ The applicant provided further detail
regarding these assertions, referencing the results of Phase I and
Phase II studies.
---------------------------------------------------------------------------
\311\ Neelapu, 2017; Schuster SJ, Bishop MR, Tam CS, et al.,
Tisagenlecleucel in Adult Relapsed or Refractory Diffuse Large B-
Cell Lymphoma, N Engl J Med. 2019; 380(1): 45-56 (Schuster, 2019).
\312\ Lisocabtagene maraleucel Biologics License Application
(BLA).
\313\ Neelapu, 2017.
\314\ Schuster, 2019.
\315\ Yescarta USPI (2019); Kymriah USPI (2018).
\316\ Lisocabtagene maraleucel Biologics License Application
(BLA).
---------------------------------------------------------------------------
The applicant shared the results of the Phase I TRANSCEND NHL 001
trial, which was a prospective, single arm, multicenter study of
lisocabtagene maraleucel in patients with relapsed/refractory
aggressive B-cell NHL. The applicant noted that TRANSCEND NHL 001
included subjects with the average age of 63 years with 111 subjects
(41%) over 65 years of age and 27 (10%) subjects older than 75 years of
age. These patients also failed previous therapies. Of the total number
of subjects studied (efficacy: n=256; safety: n=269), 137 subjects
(51%) had DLBCL, 60 (22%) had DLBCL transformed from FL, 18 (7%) had
DLBCL transformed other indolent lymphomas, 36 patients (13%) had high
grade lymphoma, 15 (6%) had PMBCL and 3 (1%) had FL3B.\317\
Additionally, the applicant explained that TRANSCEND NHL 001 was more
inclusive, compared to the registrational trials for KYMRIAH[supreg]
and YESCARTA[supreg], of Medicare aged patients with comorbidities and
NHL disease subtypes seen in the real world presentation of the
disease. To support this, the applicant referenced that within this
study, between 40% to 50% of subjects studied had cardiac ejection
fraction, 3% had secondary CNS lymphoma, 51 patients (19%) had a
creatinine clearance between 30-60 mL/min and 39 patients (14.6%) had
grade >=3 cytopenias. Furthermore, the applicant noted that 51 patients
(19%) had decreased renal function and 13 patients (4.9%) had decreased
cardiac function. The applicant stated that the TRANSCEND NHL 001 study
showcased that the patient population treated during the study better
reflected the real world large B-cell lymphoma patient population, a
population that the applicant asserted included NHL subtypes not
studied or approved for treatment with currently approved or
conditionally approved agents, while providing similar safety and
efficacy. The applicant contended that these high-unmet need large B-
cell lymphoma subsets included patients with DLBCL transformed from
rare indolent lymphomas other than FL, patients with FL3B, patients 65
years of age and older, as well as patients with moderate comorbidities
of renal and cardiac insufficiency.
---------------------------------------------------------------------------
\317\ Ibid.
---------------------------------------------------------------------------
The applicant further explained that Liso-cel provided improved
effectiveness as compared to existing therapies. Patients with
aggressive large B-cell NHL who have failed at least 2 prior therapies
or SCT are treated with combinations of agents or monotherapy based on
institutional preferences, but there is no standard of care for salvage
therapies beyond first treatment therapy.\318\ The applicant noted that
commonly used salvage therapies (non-CAR T-cell therapies) for
relapsed, large B-cell lymphoma demonstrated objective response rates
(ORRs) in the range of 12% to 46% and complete response (CR) rates of
6% to 38%. Among the patients who did achieve a response, the median
duration of response (DOR) ranges from approximately 6 to 17 months and
median overall survival was generally less than 12 months.\319\
Comparatively, TRANSCEND NHL 001, which provided subjects with Liso-
cel, met its primary endpoint of Independent Review Committee (IRC)-
assessed ORR in adult patients with r/r large lymphoma after at least 2
prior therapies, as reported by the applicant. In the 256 efficacy
evaluable patients, the ORR was 73% (95% confidence interval (CI]):
67.0% to 78.3%), and the CR rate was 53% (95% CI: 46.6% to 59.2%). With
a median follow-up of 10.8 months, the median DOR per IRC assessment
was 13.3 months and the median DOR for CR was not reached. By
comparison, the applicant summarized that YESCARTA[supreg], as
demonstrated in the Phase I-II ZUMA-1 study (see the FY 2019 IPPS/LTCH
PPS final rule 83 FR 41295 for a description of this study), had an ORR
of 72.0% (95% confidence interval (CI: 62.0% to 81.0%). Also, according
to the applicant, KYMRIAH[supreg], as demonstrated by the Phase II
JULIET study (see the FY 2019 IPPS/LTCH PPS final rule 83 FR 41293 for
a description of this study), had an ORR of 50.0% (95% confidence
interval (CI: 38.0% to 62.0%). The applicant contended that the results
for Liso-cel (ORR of 73% (95% confidence interval (CI]): 67.0% to
78.3%), and the CR rate of 53% (95% CI: 46.6% to 59.2%)) were observed
across all subgroups tested, including elderly subjects, those with
high burden disease or high baseline inflammatory biomarkers, those
requiring anti-lymphoma therapy for disease control, as well as rare
patient populations with a high unmet medical need (for example, PMBCL,
DLBCL transformed from indolent lymphoma other than FL, and FL3B). The
applicant contended that this data supports that Liso-cel demonstrates
comparable or superior effectiveness compared to existing therapies for
patients with r/r large B-cell NHL.320 321
---------------------------------------------------------------------------
\318\ NCCN, 2019.
\319\ Czuczman MS, Davies A, Linton KM, et al., A Phase \2/3\
Multicenter, Randomized Study Comparing the Efficacy and Safety of
Lenalidomide Versus Investigator's Choice in Relapsed/Refractory
DLBCL, Blood. 2014; 124: 628 (Czuczman, 2014); Jacobsen ED, Sharman
JP, Oki Y, et al., Brentuximab vedotin demonstrates objective
responses in a phase 2 study of relapsed/refractory DLBCL with
variable CD30 expression, Blood. 2015; 125(9): 1394-1402 (Jacobsen,
2015); Nagle SJ, Woo K, Schuster SJ, et al., Outcomes of patients
with relapsed/refractory diffuse large B-cell lymphoma with
progression of lymphoma after autologous stem cell transplantation
in the rituximab era, Am. J. Hematol. 2013; 88: 890-894 (Nagle,
2013); Pettengell R, Coiffier B, Narayanan G, et al., Pixantrone
dimaleate versus other chemotherapeutic agents as a single-agent
salvage treatment in patients with relapsed or refractory aggressive
non-Hodgkin lymphoma: a phase 3, multicenter, open-label, randomised
trial, Lancet Oncol. 2012; 13: 696-706 (Pettengell, 2012); Rigacci
L, Puccini B, Cortelazzo S, et al., Bendamustine with or without
rituximab for the treatment of heavily pretreated non-Hodgkin's
lymphoma patients, Ann Hematol. 2012; 91: 1013-1022 (Rigacci, 2012);
Van Den Neste E, Schmitz N, Mounier N, et al., Outcome of patients
with relapsed diffuse large B-cell lymphoma who fail second-line
salvage regimens in the International CORAL study, Bone Marrow
Transplantation. 2016; 51: 51-57 (Van Den Neste, 2016); Wang M,
Fowler N, Wagner-Bartak N, et al., Oral lenalidomide with rituximab
in relapsed or refractory diffuse large cell, follicular and
transformed lymphoma: a phase II clinical trial, Leukemia. 2013; 27:
1902-1909 (Wang, 2013).
\320\ YESCARTA[supreg] USPI (2019).
\321\ KYMRIAH[supreg] USPI (2018).
---------------------------------------------------------------------------
Furthermore, the applicant stated that Liso-cel had an improved
safety profile in comparison to YESCARTA[supreg] and KYMRIAH[supreg].
The applicant stated that both of these FDA-approved CAR T-cell
therapies had higher rates of toxicity as compared to Liso-cel. In the
TRANSCEND NHL 001 registrational study (n=268), 42% and 2% of subjects
developed all-grade and Grade >3 CRS, respectively, and 30% and 10%
developed all-grade and Grade >3 NT. The applicant compared these
results to the results of the JULIET study as found in
KYMRIAH's[supreg] prescribing information and summarized that
KYMRIAH[supreg] had higher rates of all-grade and Grade >3 CRS (74% and
23%, respectively) and all-grade and Grade >3 NT (58% and 18%,
respectively). The applicant provided the same comparison of the
toxicity results of Liso-cel to the results showcased in the ZUMA-1
study featuring YESCARTA[supreg] as found in YESCARTA[supreg]'s
prescribing information and summarized that YESCARTA[supreg] had higher
rates of all-grade and Grade >3 CRS (94% and 13%, respectively) and
all-grade and Grade >3 NT (87% and 31%,
respectively).322 323
---------------------------------------------------------------------------
\322\ YESCARTA[supreg] USPI (2019).
\323\ KYMRIAH[supreg] USPI (2018).
---------------------------------------------------------------------------
After reviewing the information submitted by the applicant as part
of its
[[Page 32652]]
FY 2021 new technology add-on payment application, we are concerned
that no published studies directly comparing Liso-cel and the two
currently available CAR T-cell therapies for r/r DLBCL,
YESCARTA[supreg] and KYMRIAH[supreg], were provided. Additionally, we
are concerned with the lack of long-term data supporting the
effectiveness and efficacy of Liso-cel and whether the lack of long-
term data may limit the generalizability of the findings from the
TRANSCEND NHL 001 study to the general Medicare population. While there
is no direct comparison study of Liso-cel, YESCARTA[supreg] and
KYMRIAH[supreg], the applicant does provide a comparison of the ORR,
CR, PR and DOR across all three CAR T-cell therapies. While we note
that Liso-cel does appear to provide an improved ORR, CR, PR, and DOR
compared to the other FDA-approved CAR T-cell therapies based on the
data presented by the applicant, we further note that these differences
appear to be small in magnitude, between 1-2% for the ORR, CR, and PR.
Without a direct comparison of outcomes between these therapies, we are
concerned as to whether these differences translate to clinically
meaningful differences or improvements. Liso-cel appears to demonstrate
similar patient outcomes to that of YESCARTA[supreg] and we question
whether the TRANSCEND NHL 001 study is evidence that Liso-cel is a more
effective therapy to treat DLBCL over existing CAR T-cell therapies.
Additionally, as previously discussed, the applicant noted that Liso-
cel has been shown safe and effective for patient populations excluded
from registrational trials for YESCARTA[supreg] and KYMRIAH[supreg].
However, it is unclear whether this suggests that Liso-cel is a
treatment option for patients who cannot be treated with these existing
CAR-T cell therapies, given that the FDA label for YESCARTA[supreg] and
KYMRIAH[supreg] appears to not specifically exclude these patient
populations. Finally, we are concerned that the use of the EGFRt cell
surface tag was not activated in patients receiving Liso-cel to study
the impact of clearing these CAR T-cells after remission and that this
feature has not yet been tested on humans or in conjunction with
patients treated with Liso-cel. We express concern regarding the safety
and efficacy of this feature given its lack of testing.
We are inviting public comments on whether Liso-cel meets the
substantial clinical improvement criterion.
We did not receive any written comments in response to the New
Technology Town Hall meeting notice published in the Federal Register
regarding the substantial clinical improvement criterion for Liso-cel
or at the New Technology Town Hall meeting.
k. Soliris
Alexion, Inc, submitted an application for new technology add-on
payments for Soliris[supreg] (eculizumab) for FY 2021. Soliris[supreg]
is approved for the treatment of neuromyelitis optica spectrum disorder
(NMOSD) in adult patients who are anti-aquaporin-4 (AQP4) antibody
positive.
According to the applicant, NMOSD is a rare and severe condition
that attacks the central nervous system without warning. The applicant
explained that NMOSD attacks, also referred to as relapses, can cause
progressive and irreversible damage to the brain, optic nerve and
spinal cord, which may lead to long-term disability, and in some
instances, the damage may result in death. According to the applicant,
the serious nature of an NMOSD relapse frequently requires inpatient
hospitalization and treatment should be initiated as quickly as
possible.
According to the applicant, in patients with AQP4 antibody-positive
NMOSD, the body's own immune system can turn against itself to produce
auto-antibodies against AQP4, a protein on certain cells in the eyes,
brain and spinal cord that are critical for the survival of nerve
cells. The applicant explained that the binding of these anti-AQP4
auto-antibodies activates the complement cascade, another part of the
immune system.
According to the applicant, complement activation by anti-AQP4
auto-antibodies is one of the primary causes of NMOSD. The applicant
explained that formation of membrane attack complex (MAC) is the end
product of the activated complement system which is directly
responsible for the damage to astrocytes leading to astrocytopathy
(astrocyte death) and ensuing neurologic damage associated with NMOSD
and relapses. According to the applicant, the primary goal of NMOSD
treatment is to prevent these relapses, which over time lead to
irreversible neurologic damage.
According to the applicant, Soliris[supreg] is a first-in-class
complement inhibitor that works by selectively inhibiting the
complement system, a central part of the immune system involved in
inflammatory processes, pathogen elimination, activation of the
adaptive immune response, and maintenance of homeostasis. The applicant
explained that the complement system distinguishes between healthy host
cells, cell debris, apoptotic cells, and external pathogens. The
applicant further explained that the complement system triggers a
modulated immune response, and functions through a combination of
effector proteins, receptors, and regulators. The applicant asserted
that when the complement system detects a threat, an initial protease
is activated. This protease (either alone or in a complex) then cleaves
its target, which in turn becomes active and starts to cleave the next
target in the chain, and so on, leading to a cascade.
Per the applicant, initial activation of the complement system
occurs via three different pathways, which all ultimately lead to the
formation of the membrane attack complex (MAC) and release of the
anaphylatoxins: (1) The classical pathway is activated by antibody-
antigen complexes; (2) The alternative pathway is activated at a
constant low level via ``tick-over'' (spontaneous hydrolysis) of
Complement component 3 (C3), a protein of the immune system; (3) The
lectin pathway is activated by carbohydrates frequently found on the
surface of microbes. According to the applicant, all pathways of
complement activation result in the formation of C3 convertase
(``proximal complement''), and converge at the cleavage of C5 leading
to the generation of C5a and C5b by the C5 convertase enzyme complexes
(``Terminal complement''). The applicant explained that C3 is the most
abundant complement protein in plasma, occurring at a concentration of
1.2 mg/mL and C3 cleavage products bridge the innate and the adaptive
immune systems. The applicant also explained that C3a acts as an
anaphylatoxin and is a mediator of inflammatory processes and C3b
opsonizes the surface of recognized pathogens and facilitates
phagocytosis and binds C3 convertase to form C5 convertase. The
applicant also explained that C5 convertase cleaves C5 into C5a and
C5b; C5a is chemotactic agent and anaphylatoxin, causing leukocyte
activation, endothelial cell activation, and proinflammatory and
prothrombotic effects.
According to the applicant, imbalance between complement activation
and regulation leads to host tissue damage, and congenital deficiencies
in the complement system can lead to an increased susceptibility to
infection. The applicant explained that the complement system is also
associated with the pathogenesis of non-infectious diseases such as
chronic inflammation, autoimmune diseases, thrombotic
[[Page 32653]]
microangiopathy, transplant rejection reactions, ischemic,
neurodegenerative age-associated diseases, and cancer. According to the
applicant, the complement system is also recognized as important in the
antibody-mediated autoimmune disease AQP4 antibody-positive NMOSD. The
applicant stated that Soliris[supreg] is the first and only FDA
approved treatment for adult patients with NMOSD who are AQP4 antibody-
positive that is proven to reduce the risk of relapse.
The incidence of NMOSD in the United States is 0.7/100,000 while
the prevalence is 3.9/100,000 population.\324\ The median onset of
NMOSD is 39 years of age and 83 percent of cases are
female.325 326 NMOSD was commonly misdiagnosed as multiple
sclerosis (MS) in the past.\327\ According to the applicant, at least
two-thirds of NMOSD cases are associated with aquaporin-4 antibodies
(AQP4-IgG) and complement-mediated damage to the central nervous
system.
---------------------------------------------------------------------------
\324\ Flanagan EP, et al., ``Epidemiology of aquaporin-4
autoimmunity and neuromyelitis optica spectrum,'' Ann Neurol, 2016,
vol. 79(5), pp. 775-783.
\325\ Bukhari W, et al., ``Incidence and prevalence of NMOSD in
Australia and New Zealand,'' J Neurol Neurosurg Psychiatry, 2017,
vol. 88(8), pp. 632-638.
\326\ Wingerchuk DM, et al., ``The spectrum of neuromyelitis
optica,'' Lancet Neurol, 2007, vol. 6, pp. 805-815.
\327\ Jarius S, et al., ``Contrasting disease patterns in
seropositive and seronegative neuromyelitis optica: A multicentre
study of 175 patients,'' J Neuroinflammation, 2012, vol. 9, pp. 14.
---------------------------------------------------------------------------
According to the applicant, Soliris[supreg] is administered via an
IV infusion by a healthcare professional. The applicant explained that
for adult patients with neuromyelitis optica spectrum disorder,
Soliris[supreg] therapy consists of 900 mg weekly for the first 4
weeks, followed by 1200 mg for the fifth dose 1 week later, then 1200
mg every 2 weeks thereafter. According to the applicant,
Soliris[supreg] should be administered at the recommended dosage
regimen time points, or within 2 days of these time points. The
applicant also explained that for adult and pediatric patients with
NMOSD, supplemental dosing of Soliris[supreg] is required in the
setting of concomitant plasmapheresis or plasma exchange, or fresh
frozen plasma infusion (PE/PI).
The applicant explained that Soliris[supreg] has a boxed warning
for risk of serious meningococcal infections. According to the
applicant, life-threatening and fatal meningococcal infections have
rarely occurred in patients treated with Soliris[supreg] and can be
mitigated with proper vaccination. The applicant explained that by
blocking the terminal complement system, Soliris[supreg] increases the
risk of meningococcal and encapsulated bacterial infection. According
to the applicant, all the patients in a pivotal trial received
meningococcal vaccination, and no cases of meningococcal infection were
reported. The applicant also noted that Soliris[supreg] is available
only through a restricted program under a Risk Evaluation and
Mitigation Strategy (REMS) and under the Soliris[supreg] REMS,
prescribers must enroll in the program.
With respect to the newness criterion, the FDA approved
Soliris[supreg] for the indication of treatment of NMOSD in adult
patients who are AQP4 antibody positive on June 27, 2019.
Soliris[supreg] was first approved by the FDA on March 19, 2007 for the
treatment of patients with paroxysmal nocturnal hemoglobinuria (PNH) to
reduce hemolysis, followed by approvals for the treatment of patients
with atypical hemolytic uremic syndrome (aHUS) to inhibit complement
mediated thrombotic microangiopathy, and for an efficacy supplement to
add the indication of treatment of generalized myasthenia gravis (gMG)
in adult patients who are anti-acetylcholine receptor (AChR) antibody
positive. The applicant has applied for new technology add-on payments
for use of Soliris[supreg] only for the indication of treatment of
NMOSD in adult patients who are AQP4 antibody positive. The applicant
stated that the FDA granted Soliris[supreg] Orphan Drug Designation for
the treatment of neuromyelitis optica on June 24, 2014. Additionally,
the applicant stated that Soliris[supreg] was filed as a supplemental
biologics license application (sBLA; BLA125166/S-431) for the treatment
of NMOSD in adult patients who are AQP4 antibody positive, which the
FDA assigned Priority Review status.
According to the applicant, patients with NMOSD are currently
identified by ICD-10-CM diagnosis code: G36.0 Neuromyelitis optica
(Devic's syndrome). The applicant also noted that there is currently no
ICD-10-PCS procedure code to specifically identify NMOSD cases where
Soliris[supreg] is used. We note that the applicant has submitted a
request for approval for a unique ICD-10-PCS procedure code for the
administration of the Soliris[supreg] beginning in FY 2021.
As stated previously, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and, therefore, would not be
considered ``new'' for purposes of new technology add-on payments.
With regard to the first criterion, whether a product uses the same
or similar mechanism of action to achieve a therapeutic outcome,
according to the applicant, Soliris[supreg] is the only treatment for
NMOSD that works by specifically inhibiting the complement cascade as
described previously. According to the applicant, Soliris[supreg] is
the only FDA approved treatment for NMOSD, although several off-label
products are used to treat relapse prevention in NMOSD. As mentioned
previously, the applicant explained that the formation of the membrane
attack complex (MAC) is the end product of the activated complement
system which is directly responsible for the damage to astrocytes
leading to astrocytopathy (astrocyte death) and the ensuing neurologic
damage associated with NMOSD and relapses.
With respect to the second criterion, whether a product is assigned
to the same or a different MS-DRG, the applicant stated that cases
involving the administration of Soliris[supreg] will likely be assigned
to the same MS-DRGs as other therapies are that are currently used but
not indicated to treat NMOSD. These therapies that are used off-label
include axiothiprine, rituximab, low-dose steroids (prednisone),
mycophenolate, methotrexate, mitoxantrone, cyclophosphamide,
tacrolimus, tocilizumab, cyclosporin A, and plasma exchange. As stated
previously, the applicant asserted that Soliris[supreg] is the first
approved treatment for NMOSD in adult patients who are AQP4 antibody
positive.
With respect to the third criterion, whether the new use of the
technology involves the treatment of the same or similar type of
disease and the same or similar patient population, the applicant
maintained that, although Soliris[supreg] will be treating the same
disease and patient population as currently available therapies, it
will improve the treatment of NMOSD as there were previously no FDA
labeled treatments. As stated previously, the applicant asserted that
Soliris[supreg] is the first approved treatment for NMOSD in adult
patients who are AQP4 antibody positive.
In summary, the applicant asserted that Soliris[supreg] meets the
newness criterion because it is the only treatment for NMOSD that works
by specifically inhibiting the complement cascade. We are inviting
public comments on whether Soliris[supreg] is substantially similar to
other technologies and whether Soliris[supreg] meets the newness
criterion.
With regard to the cost criterion, the applicant conducted the
following analysis to demonstrate that the technology meets the cost
criterion. The applicant searched claims in the FY 2018 MedPAR final
rule dataset
[[Page 32654]]
reporting an ICD-10-CM diagnosis code of G36.0. This search identified
1,151 cases primarily spanning 14 MS-DRGs. According to the applicant,
cases representing patients who may be eligible for treatment with
Soliris[supreg] for NMOSD would most likely map to MS-DRGs 058, 059 and
060 (Multiple Sclerosis and Cerebellar Ataxia with MCC, with CC and
without CC/MCC, respectively)--the family of MS-DRGs for multiple
sclerosis & cerebellar ataxia. According to the applicant, these three
MS-DRGs were three of the top four MS-DRGs by volume to which cases
reporting a diagnosis code G36.0 were assigned, and together these MS-
DRGs accounted for about 32 percent of the 1,151 originally identified
cases reporting a diagnosis code G36.0. Consequently, the applicant
limited its analysis to the 376 cases that grouped to these three MS-
DRGs (058, 059 and 060).
The applicant performed its cost analysis based on the 376 claims
assigned to MS-DRGs 058, 059 and 060. The applicant first removed
charges for other technologies. According to the applicant,
Soliris[supreg] would replace other drug therapies, such as
azathioprine, methotrexate, and rituximab, among others. Because it is
generally not possible to differentiate between different drugs on
inpatient claims, the applicant removed all charges in the drug cost
center. The applicant also removed all charges from the blood cost
center, because Soliris[supreg] will replace plasma exchange
procedures. Lastly, the applicant removed an additional $12,000 of cost
for the plasma exchange procedural costs, based on an internal analysis
of the average cost of plasma exchange. To convert these costs to
charges, the applicant used the ``other services'' national average
cost-to-charge ratio (0.346). According to the applicant, this was
likely an overestimate of the charges that would be replaced by using
Soliris[supreg].
After removing charges for the prior technology to be replaced, the
applicant standardized the charges. The applicant then used the 2-year
inflation factor of 11.1 percent, as published in the FY 2020 IPPS
final rule (84 FR 42629), to inflate the charges from FY 2018 to FY
2020. To determine the charges for Soliris[supreg], the applicant
assumed hospitals would use the inverse of the national average cost to
charge ratio for pharmacy costs (0.189) from the FY 2020 IPPS/LTCH PPS
final rule to mark-up charges.
Based on the aforementioned analysis, the applicant computed a
final inflated average case-weighted standardized charge per case of
$72,940, as compared to a calculated threshold value of $44,420.
Because the final inflated average case-weighted standardized charge
per case exceeded the average case-weighted threshold amount, the
applicant asserted that the technology meets the cost criterion. We are
inviting public comments on whether Soliris[supreg] meets the cost
criterion.
With respect to the substantial clinical improvement criterion, the
applicant asserted that Soliris[supreg] represents a substantial
clinical improvement over existing technologies because it
significantly improves clinical outcomes relative to services or
technologies previously available, as demonstrated by the applicant's
clinical data and patient outcomes, such as the prevention of relapses
in patients with NMOSD.
The applicant provided a randomized, controlled trial in support of
its claims of reduction of first-adjudicated on-trial relapse with
Soliris[supreg] (PREVENT).\328\ The PREVENT study enrolled 143 adults
who were randomly assigned in a 2:1 ratio to receive intravenous
eculizumab (at a dose of 900 mg weekly for the first four doses
starting on day 1, followed by 1200 mg every 2 weeks starting at week
4) or a matched placebo. The continued use of stable-dose
immunosuppressive therapy was permitted. The primary endpoint studied
was first adjudicated relapse. Secondary outcomes included the
adjudicated annualized relapse rate, quality-of-life measures, and the
score on the Expanded Disability Status Scale (EDSS), which ranges from
0 (no disability) to 10 (death). Adjudicated relapses occurred in 3 of
96 patients (3 percent) in the Soliris[supreg] group and 20 of 47 (43
percent) in the placebo group (hazard ratio, 0.06; 95 percent
confidence interval [CI], 0.02 to 0.20; P<0.001). The adjudicated
annualized relapse rate was 0.02 in the eculizumab group and 0.35 in
the placebo group (rate ratio, 0.04; 95 percent CI, 0.01 to 0.15;
P<0.001). The applicant also explained that 97.9 percent of patients on
Soliris[supreg] remained NMOSD relapse free at 48 weeks, 96.4 percent
at 96 weeks and 96.4 percent at 144 weeks. There was no significant
between-group difference in measures of disability progression. The
mean change in the EDSS score was -0.18 in the eculizumab group and
0.12 in the placebo group (least-squares mean difference, -0.29; 95%
CI, -0.59 to 0.01).
---------------------------------------------------------------------------
\328\ Pittock, S.J., Berthele, A., Fujihara, K., Kim, H.J.,
Levy, M., Palace, J., Nakashima, I., Terzi, M., Totolyan, N.,
Viswanathan, S., Wang, K.C., Pace, A., Futita, K.P., Armstrong, R.,
Wingerchuk, D.M., ``Eculizumab in Aquaporin-4-Positive Neuromyelitis
Optica Spectrum Disorder.'' N Engl J Med., 2019, vol 381(7), pp.,
614-625.
---------------------------------------------------------------------------
The applicant also submitted a poster presentation of post hoc
efficacy analyses in pre-specified subgroups from the PREVENT
study.\329\ Pre-specified subgroup summaries for time to first
adjudicated relapse were based on immunosuppressive therapies (IST) use
(five subgroups for concomitant IST use; two subgroups according to
whether or not rituximab was previously used), geographic region, age,
sex, race and randomization stratum. Time to first adjudicated relapse
was increased with eculizumab compared with placebo in all subgroups
analyzed. Significant treatment effects were observed in all subgroups
for IST use, region, age, sex and race, except for the smallest
subgroups in which the differences were similar to the others but did
not reach nominal significance owing to small sizes (patients using
other ISTs, n = 7; Black/African American patients, n = 17, among whom
none of the nine patients receiving eculizumab experienced a relapse),
and in patients from the Americas owing to the performance of the
placebo arm. In patients who had received rituximab more than 3 months
before the study, the adjudicated relapse risk reduction was 90.7
percent with eculizumab compared with placebo (p = 0.0055). The
proportion of patients who were relapse-free at week 48 was
consistently higher with eculizumab than with placebo in all pre-
specified IST subgroups.
---------------------------------------------------------------------------
\329\ Pittock, S.J., Berthele, A., Fujihara, K., Kim, H.J.,
Levy, M., Palace, J., Nakashima, I., Terzi, M., Totolyan, N.,
Viswanathan, S., Wang, K.C., Pace, A., Futita, K.P., Yountz, M.,
Armstrong, R., Wingerchuk, D.M., ``Subgroup analyses from the phase
3 PREVENT study in patients with aquaporin-4 antibody-positive
neuromyelitis optica spectrum disorder,'' September 11-13, 2019,
Poster presentation at ECTRIMS, Stockholm, Sweden.
---------------------------------------------------------------------------
As stated previously the applicant asserted that Soliris[supreg]
represents a substantial clinical improvement over existing
technologies because it reduces relapses in patients with NMOSD. The
applicant explained that the PREVENT study demonstrated several
endpoints. The applicant explained that Soliris[supreg] reduced first
adjudicated on-trial relapse with eculizumab in comparison to placebo
with a 94 percent relative risk reduction (Hazard Ratio, 0.006; 95% CI,
0.02-0.20). The applicant also explained that 97.9 percent of
Soliris[supreg] patients were relapse free at 48 weeks, compared to
63.2 percent for the placebo group. The applicant further noted that in
a subgroup of patients utilizing monotherapy (patients on eculizumab or
placebo only, without
[[Page 32655]]
concomitant immunosuppressant agents), 100 percent of Soliris[supreg]
patients were relapse free at 48 weeks compared to 60.6 percent for
placebo. The applicant also explained that in the PREVENT subgroup
analysis presented as a poster, the treatment effect was observed
regardless of whether it was used as a monotherapy or with concomitant
ISTs (corticosteroids alone, azathioprine, mycophenolate mofetil);
previous IST use (including rituximab); geographical region; age; sex;
and race.
The applicant also explained that the Soliris[supreg] U.S.
Prescribing Information contains the following information on resource
utilization in the applicant's phase III trials (corticosteroid use,
plasma exchange treatment, and hospitalizations): Compared to placebo-
treated patients, the PREVENT study showed that Soliris[supreg]-treated
patients had reduced annualized rates of (1) hospitalizations (0.04 for
Soliris[supreg] versus 0.31 for placebo), (2) of corticosteroid
administration to treat acute relapses (0.07 for Soliris[supreg] versus
0.42 for placebo), and (3) of plasma exchange treatments (0.02 for
Soliris[supreg] versus 0.19 for placebo). The applicant explained that
annualized rates were calculated by dividing the total number of on-
trial relapses requiring acute treatment during the study period for
all patients by the number of patient-years in the study period.
After reviewing the information submitted by the applicant as part
of its FY 2021 new technology add-on payment application for Soliris,
we are concerned that the applicant provided only one study in support
of its assertions of substantial clinical improvement, which is the
PREVENT trial, with additional supporting documents all based on the
same trial. We note that the study compared Soliris to placebo but that
there was no comparison of Soliris to currently available treatments to
gauge real world efficacy, nor was there information about how these
current treatments work and why they are ineffective. Furthermore, in
the PREVENT trial, the applicant did not provide the dosage amounts for
the patients on continuing medication in addition to placebo or
Soliris. It is not clear to us if the patients receiving Soliris had
higher dosages of continuing medications than those in the placebo
group. We would be interested in more information about the dosage
amounts in the treatment and control groups in the PREVENT trial. We
are inviting public comment on whether Soliris[supreg] technology meets
the substantial clinical improvement criterion.
We did not receive any written comments in response to the New
Technology Town Hall meeting notice published in the Federal Register
regarding the substantial clinical improvement criterion for
Soliris[supreg] or at the New Technology Town Hall meeting.
l. SpineJack[supreg] System
Stryker, Inc., submitted an application for new technology add-on
payments for the SpineJack[supreg] Expansion Kit (hereinafter referred
to as the SpineJack[supreg] system) for FY 2021. The applicant
described the SpineJack[supreg] system as an implantable fracture
reduction system, which is indicated for use in the reduction of
painful osteoporotic vertebral compression fractures (VCFs) and is
intended to be used in combination with Stryker VertaPlex and VertaPlex
High Viscosity (HV) bone cement.
The applicant explained that the SpineJack[supreg] system is
designed to be implanted into a collapsed vertebral body (VB) via a
percutaneous transpedicular approach under fluoroscopic guidance.
According to the applicant, once in place, the intravertebral implants
are expanded to mechanically restore VB height and maintain the
restoration. The applicant explained that the implants remain within
the VB and, together with the delivered bone cement, stabilize the
restoration, provide pain relief and improve patient mobility.
According to the applicant, the SpineJack[supreg] system further
reduces the risk of future adjacent level fractures (ALFs).\330\
---------------------------------------------------------------------------
\330\ Noriega, D., et al., ``A prospective, international,
randomized, noninferiority study comparing an implantable titanium
vertebral augmentation device versus balloon kyphoplasty in the
reduction of vertebral compression fractures (SAKOS study),'' The
Spine Journal, November 2019, vol 19(11), pp. 1782-1795.
---------------------------------------------------------------------------
The applicant explained that the SpineJack[supreg] system is
available in three sizes (4.2, 5.0 and 5.8 mm), and implant size
selection is based upon the internal cortical diameter of the pedicle.
According to the SpineJack[supreg] system Instructions for Use, the use
of two implants is recommended to treat a fractured VB. According to
the applicant, multiple VBs can also be treated in the same operative
procedure as required.
The applicant explained that using a bilateral transpedicular
approach, the SpineJack[supreg] implants are inserted into the
fractured VB. The applicant stated that the implants are then
progressively expanded though actuation of an implant tube that pulls
the two ends of the implant towards each other in situ to mechanically
restore VB height. The applicant explained that the mechanical working
system of the implant allows for a progressive and controlled reduction
of the vertebral fracture.\331\ The applicant stated that when
expanded, each SpineJack[supreg] implant exerts a lifting pressure on
the fracture through a mechanism that may be likened to the action of a
scissor car jack, and that the longitudinal compression on the implant
causes it to open in a craniocaudal direction. The applicant explained
that the implant is locked into the desired expanded position as
determined and controlled by the treating physician.\332\
---------------------------------------------------------------------------
\331\ Vanni D., et al., ``Third-generation percutaneous
vertebral augmentation systems,'' J. Spine Surg., 2016, vol. 2(1),
pp. 13-20.
\332\ Noriega D. et al., ``Clinical Performance and Safety of
108 SpineJack Implantations: 1-Year Results of a Prospective
Multicentre Single-Arm Registry Study,'' BioMed Res. Int., 2015,
vol. 173872.
---------------------------------------------------------------------------
The applicant further explained that once the desired expansion has
been obtained, polymethylmethacrylate (PMMA) bone cement is injected at
low pressure into and around the implant to stabilize the restored
vertebra, which leads the implant to become encapsulated with the
delivered bone cement. According to the applicant, restoration of the
anatomy and stabilization of the fracture results in pain relief as
well as improved mobility for the patient.\333\
---------------------------------------------------------------------------
\333\ Ibid.
---------------------------------------------------------------------------
According to the applicant, osteoporosis is one of the most common
bone diseases worldwide that disproportionately affects aging
individuals. The applicant explained that in 2010, approximately 54
million Americans aged 50 years or older had osteoporosis or low bone
mass,\334\ which resulted in more than 2 million osteoporotic fragility
fractures in that year alone.\335\ The applicant stated it has been
estimated that more than 700,000 VCFs occur each year in the United
States (U.S.),\336\ and of these VCFs, about 70,000 result in hospital
admissions with an average length of stay of 8 days per patient.\337\
[[Page 32656]]
Furthermore, the applicant noted that in the first year after a painful
vertebral fracture, patients have been found to require primary care
services at a rate 14 times greater than the general population.\338\
The applicant explained that medical costs attributed to VCFs in the
U.S. exceeded $1 billion in 2005 and are predicted to surpass $1.6
billion by 2025.\339\
---------------------------------------------------------------------------
\334\ National Osteoporosis Foundation. (2019). What is
osteoporosis and what causes it? Available from: https://www.nof.org/patients/what-is-osteoporosis/.
\335\ King A and Fiorentino D. ``Medicare payment cuts for
osteoporosis testing reduced use despite tests' benefit in reducing
fractures.'' Health Affairs (Millwood), 2011, vol. 30(12), pp. 2362-
2370.
\336\ Riggs B and Melton L. ``The worldwide problem of
osteoporosis: Insights afforded by epidemiology.'' Bone, 1995, vol.
17(Suppl 5), pp. 505-511.
\337\ Siemionow K and Lieberman I. ``Vertebral augmentation in
osteoporotic and osteolytic fractures: Current Opinion in Supportive
and Palliative Care.'' 2009, vol. 3(3), pp. 219-225.
\338\ Wong C and McGirt M. ``Vertebral compression fractures: A
review of current management and multimodal therapy.'' Journal of
Multidisciplinary Healthcare, 2013, vol 6, pp. 205-214.
\339\ Burge R et al. ``Incidence and economic burden of
osteoporosis-related fractures in the United States: 2005-2025.''
Journal of Bone and Mineral Research. 2007, vol 22(3), pp. 465-475.
---------------------------------------------------------------------------
The applicant explained that osteoporotic VCFs occur when the
vertebral body (VB) of the spine collapses and can result in chronic
disabling pain, excessive kyphosis, loss of functional capability,
decreased physical activity and reduced quality of life. The applicant
stated that as the spinal deformity progresses, it reduces the volume
of the thoracic and abdominal cavities, which may lead to crowding of
internal organs. The applicant noted that the crowding of internal
organs may cause impaired pulmonary function, abdominal protuberance,
early satiety and weight loss. The applicant indicated that other
complications may include bloating, distention, constipation, bowel
obstruction, and respiratory disturbances, such as pneumonia,
atelectasis, reduced forced vital capacity and reduced forced
expiratory volume in 1 second.
The applicant stated that if VB collapse is >50 percent of the
initial height, segmental instability will ensue. As a result, the
applicant explained that adjacent levels of the VB must support the
additional load and this increased strain on the adjacent levels may
lead to additional VCFs. Furthermore, the applicant summarized that
VCFs also lead to significant increases in morbidity and mortality risk
among elderly patients, as evidenced by a 2015 study by Edidin et al.,
in which researchers investigated the morbidity and mortality of
patients with a newly diagnosed VCF (n = 1,038,956) between 2005 to
2009 in the U.S. Medicare population. For the osteoporotic VCF
subgroup, the adjusted 4-year mortality was 70 percent higher in the
conservatively managed group than in the balloon kyphoplasty procedures
(BKP)-treated group, and 17 percent lower in the BKP group than in the
vertebroplasty (VP) group. According to the applicant, when evaluating
treatment options for osteoporotic VCFs, one of the main goals of
treatment is to restore the load bearing bone fracture to its normal
height and stabilize the mechanics of the spine by transferring the
adjacent level pressure loads across the entire fractured vertebra and
in this way, the intraspinal disc pressure is restored and the risk of
adjacent level fractures (ALFs) is reduced.
The applicant explained that treatment of osteoporotic VCFs in
older adults most often begins with conservative care, which includes
bed rest, back bracing, physical therapy and/or analgesic medications
for pain control. According to the applicant, for those patients that
do not respond to conservative treatment and continue to have
inadequate pain relief or pain that substantially impacts quality of
life, vertebral augmentation (VA) procedures may be indicated. The
applicant explained that VP and BKP are two minimally invasive
percutaneous VA procedures that are most often used in the treatment of
osteoporotic VCFs and another VA treatment option includes the use of a
spiral coiled implant made from polyetheretherketone (PEEK), which is
part of the Kiva[supreg] system.
According to the applicant, among the treatment options available,
BKP is the most commonly performed procedure and the current gold
standard of care for VA treatment. The applicant stated that it is
estimated that approximately 73 percent of all vertebral augmentation
procedures performed in the United States between 2005 and 2010 were
BKP.\340\ According to the applicant, the utilization of the
Kiva[supreg] system is relatively low in the U.S. and volume
information was not available in current market research data.\341\
---------------------------------------------------------------------------
\340\ Goz V et al. ``Vertebroplasty and kyphoplasty: National
outcomes and trends in utilization from 2005 through 2010.'' The
Spine Journal. 2015, vol. 15(5), pp. 959-965.
\341\ Lin M. ``Minimally invasive vertebral compression fracture
treatments. Medtech 360, Market Insights, Millennium Research Group.
2019.
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The applicant stated that VA treatment with VP may alleviate pain,
but it cannot restore VB height or correct spinal deformity. The
applicant stated that BKP attempts to restore VB height, but the
temporary correction obtained cannot be sustained over the long-term.
The applicant stated that the Kiva[supreg] implant attempts to
mechanically restore VB height, but it has not demonstrated superiority
to BKP for this clinical outcome.\342\
---------------------------------------------------------------------------
\342\ Ibid.
---------------------------------------------------------------------------
With respect to the newness criterion, the SpineJack[supreg]
Expansion Kit received FDA 510(k) clearance on August 30, 2018, based
on a determination of substantial equivalence to a legally marketed
predicate device. The applicant explained that although the
SpineJack[supreg] Expansion Kit received FDA 510(k) clearance on August
30, 2018, due to the time required to prepare for supply and
distribution channels, it was not available on the U.S. market until
October 11, 2018. As we discussed previously, the SpineJack[supreg]
Expansion Kit is indicated for use in the reduction of painful
osteoporotic VCFs and is intended to be used in combination with
Stryker VertaPlex and VertaPlex High Viscosity (HV) bone cements.
According to the applicant, there are currently no ICD-10-PCS procedure
codes to distinctly identify the SpineJack[supreg] system. We note that
the applicant submitted a request for approval for a unique ICD-10-PCS
procedure code for the implantation of the SpineJack[supreg] system
beginning in FY 2021.
As discussed previously, if a technology meets all three of the
substantial similarity criteria, it would be considered substantially
similar to an existing technology and therefore would not be considered
``new'' for purposes of new technology add-on payments.
With regard to the first criterion, whether a product uses the same
or similar mechanism of action to achieve a therapeutic outcome,
according to the applicant, there are several factors that highlight
the different mechanism of action in treating osteoporotic VCFs with
the SpineJack[supreg] system compared to other BKP implants to reduce
the incidence of ALFs and improve midline VB height restoration.
According to the applicant, these differences include implant
construction, mechanism of action, bilateral implant load support and
>500 Newtons (N) of lift pressure.
The applicant described the SpineJack[supreg] system as including
two cylindrical implants constructed from Titanium-6-Aluminum-4-
Vanadium (Ti6Al4V) with availability in three sizes 4.2 mm (12.5 mm
expanded), 5.0 mm (17 mm expanded) and 5.8 mm (20 mm expanded).
According to the applicant, the SpineJack[supreg] implant exerts
lifting pressure on the fracture through a mechanism that may be
likened to the action of a scissor car jack. The applicant explained
that following the insertion of the implant into the vertebral body
(VB), it is progressively expanded though actuation of an implant tube
that pulls the two ends of the implant towards each other and the
longitudinal compression on the implant causes it to open in a
craniocaudal direction. According to the
[[Page 32657]]
applicant, the force generated by the bilateral SpineJack[supreg]
implants varies according to implant size, ranging from 500-1,000
Newtons for fracture reduction and superior endplate lift. In addition,
the applicant explained that the SpineJack[supreg] implant provides
symmetric, broad load support under the fractured endplate and spinal
column which differentiates the mechanism of action from BKPs.\343\
---------------------------------------------------------------------------
\343\ Jacobson R et al. ``Re-expansion of osteoporotic
compression fractures using bilateral SpineJack implants: Early
clinical experience and biomechanical considerations.'' Cureus.
2019, vol 11(4), e4572.
---------------------------------------------------------------------------
The applicant stated that the SpineJack[supreg] implant is uniquely
constructed from a titanium alloy, which the applicant claims allows
for plastic deformation when it encounters the hard cortical bone of
the endplate yet still provides the lift force required to restore
midline VB height in the fractured vertebra. The applicant stated that
the SpineJack[supreg] system notably contains a self-locking security
mechanism that restricts further expansion of the device when extreme
load forces are concentrated on the implant. As a result, the applicant
asserted that this feature significantly reduces the risk of vertebral
endplate breakage while it further allows functional recovery of the
injured disc.\344\
---------------------------------------------------------------------------
\344\ Vanni D et al. ``Third-generation percutaneous vertebral
augmentation systems.'' Journal of Spine Surgery. 2016, vol 2(1),
pp. 13-20.
---------------------------------------------------------------------------
According to the applicant, the expansion of the SpineJack[supreg]
implants creates a preferential direction of flow for the bone cement;
PMMA bone cement is deployed from the center of the implant into the
VB. The applicant stated that when two implants are symmetrically
positioned in the VB, this allows for a more homogenous spread of PMMA
bone cement. The applicant asserted that the interdigitation of bone
cement creates a broad supporting ring under the endplate, which is
essential to confer stability to the VB.
The applicant explained that the SpineJack[supreg] implants provide
symmetric, broad load support for osteoporotic vertebral collapse,
which is based upon precise placement of bilateral ``struts'' that are
encased in PMMA bone cement, whereas BKP and vertebroplasty (VP) do not
provide structural support via an implanted device. The applicant
explained that the inflatable balloon tamps utilized in BKP are not
made from titanium and are not a permanent implant. According to the
applicant, the balloon tamps are constructed from thermoplastic
polyurethane, which have limited load bearing capacity. The applicant
noted that although the balloon tamps are expanded within the VB to
create a cavity for bone cement, they do not remain in place and are
removed before the procedure is completed. The applicant explained that
partial lift to the VB is obtained during inflation, resulting in
kyphotic deformity correction and partial gains in anterior VB height
restoration, but inflatable balloon tamps are deflated prior to removal
so some of the VB height restoration obtained is lost upon removal of
the bone tamps. According to the applicant, BKP utilizes the placement
of PMMA bone cement to stabilize the fracture and does not include an
implant that remains within the VB to maintain fracture reduction and
midline VB height restoration.
According to the applicant the Kiva[supreg] system is constructed
of a nitinol coil and PEEK-OPTIMA sheath, with sizes including a 4-loop
implant (12 mm expanded) and a 5-loop implant (15 mm expanded) and
unlike the SpineJack[supreg] system, is not made of titanium and does
not include a locking scissor jack design. The applicant stated that
the specific mechanism of action for the Kiva[supreg] system is
different from the SpineJack[supreg] system. The applicant explained
that during the procedure that involves implanting the Kiva[supreg]
system, nitinol coils are inserted into the VB to form a cylindrical
columnar cavity. The applicant stated that the PEEK-OPTIMA is then
placed over the nitinol coil. The applicant explained that the nitinol
coil is removed from the VB and the PEEK material is filled with PMMA
bone cement. The applicant stated that the deployment of 5 coils
equates to a maximum of height of 15 mm. The applicant stated that the
lifting direction of the Kiva implant is caudate and unidirectional.
According to the applicant, in the KAST (Kiva Safety and Effectiveness
Trial) pivotal study, it was reported that osteoporotic VCF patients
treated with the Kiva[supreg] system had an average of 2.6 coils
deployed.\345\ Additionally, in a biomechanical comparison conducted
for the Kiva[supreg] system and BKP using a loading cycle of 200-500
Newtons in osteoporotic human cadaver spine segments filled with bone
cement, there were no statistically significant differences observed
between the two procedures for VB height restoration, stiffness at high
or low loads, or displacement under compression.\346\
---------------------------------------------------------------------------
\345\ Tutton S et al. KAST Study: The Kiva system as a vertebral
augmentation treatment--a safety and effectiveness trial: A
randomized, noninferiority trial comparing the Kiva system with
balloon kyphoplasty in treatment of osteoporotic vertebral
compression fractures. Spine. 2015; 40(12):865-875.
\346\ Wilson D et al. An ex vivo biomechanical comparison of a
novel vertebral compression fracture treatment system to
kyphoplasty. Clinical Biomechanics. 2012; 27(4):346-353.
---------------------------------------------------------------------------
The applicant summarized the differences and similarities of the
SpineJack[supreg], BKP, and PEEK coiled implant as follows: (1) With
respect to construction, SpineJack[supreg] is made of Titanium-6-
Aluminum-4-Vanadium compared to thermoplastic polyurethanes for BKP and
nitinol and PEEK for the PEEK coiled implant; (2) with respect to
mechanism of action, the SpineJack[supreg] uses a locking scissor jack
encapsulated in PMMA bone cement compared to hydrodynamic cavity
creation and PMMA cavity filler for BKP and coil cavity creation and
PEEK implant filled with PMMA bone cement for the PEEK coiled implant;
(3) with respect to plastic deformation, SpineJack[supreg] and BKP
allow for plastic deformation while the PEEK coiled implant does not;
(4) with respect to craniocaudal expansion, SpineJack[supreg] allows
for craniocaudal expansion, whereas BKP and the PEEK coiled implant do
not; (5) with respect to bilateral load support, SpineJack[supreg]
provides bilateral load support whereas BKP and the PEEK coiled implant
do not; and (6) with respect to lift pressure of >500 N,
SpineJack[supreg] provides lift pressure of >500 N whereas BKP and the
PEEK coiled implant do not. The applicant summarized that the
SpineJack[supreg] system is uniquely constructed and utilizes a
different mechanism of action than BKP, which is the gold standard of
treatment for osteoporotic VCFs, and that the construction and
mechanism of action of the SpineJack[supreg] system is further
differentiated when compared with the PEEK coiled implant.
With respect to the second criterion, whether a product is assigned
to the same or a different MS-DRG, the applicant did not specify
whether it believed cases involving the SpineJack[supreg] system would
be assigned to the same MS-DRG as existing technology. However, we note
that the MS-DRGs the applicant included in its cost analysis were the
same MS-DRGs to which cases involving BKP procedures are typically
assigned.
With respect to the third criterion, whether the new use of the
technology involves the treatment of the same or similar type of
disease and the same or similar patient population, the applicant did
not specifically address whether the technology meets this criterion.
However, the applicant generally
[[Page 32658]]
summarized the disease state that the technology treats as osteoporotic
VCFs, and described other treatment options for osteoporotic VCFs as
including VP, BKP and the PEEK coiled implant.
In summary, the applicant asserted that the SpineJack[supreg]
system is not substantially similar to any existing technology because
it utilizes a different mechanism of action, when compared to existing
technologies, to achieve a therapeutic outcome.
We are inviting public comments on whether the SpineJack[supreg]
system is substantially similar to other currently available
technologies and whether the SpineJack[supreg] system meets the newness
criterion.
With regard to the cost criterion, the applicant conducted the
following analysis to demonstrate that the technology meets the cost
criterion. The applicant searched the FY 2018 MedPAR file for inpatient
hospital claims that reported the following ICD-10-PCS procedure codes:
0PS43ZZ (Reposition thoracic vertebra, percutaneous approach) in
combination with 0PU43JZ (Supplement thoracic vertebra with synthetic
substitute, percutaneous approach) and 0QS03ZZ (Reposition lumbar
vertebra, percutaneous approach) in combination with 0QU03JZ
(Supplement lumbar vertebra with synthetic substitute, percutaneous
approach). According to the applicant, the results included cases
involving BKP procedures.
This resulted in 15,352 cases spanning approximately 130 MS-DRGs,
with approximately 77 percent of those cases (n=11,841) mapping to the
following top 6 MS-DRGs:
[GRAPHIC] [TIFF OMITTED] TP29MY20.133
The applicant performed two separate analyses with regard to the
cost criterion, one based on 100 percent of the claims reporting the
specified ICD-10-PCS procedure codes, and the second based on the 77
percent of claims mapping to the top six MS-DRGs.
The applicant used the following methodology for both analyses. The
applicant first removed the charges for the prior technology being
replaced by SpineJack[supreg]. The applicant explained that it
estimated charges associated with the prior technology as 50 percent of
the charges associated with the category Medical Surgical Supply Charge
Amount (which included revenue centers 027x). The applicant stated that
use of the SpineJack[supreg] system would replace some but not all of
the device charges included in these claims, as some currently used
medical and surgical supplies and devices would still be required for
patients during their hospital stay, even after substituting
SpineJack[supreg] for BKP and other surgical interventions. The
applicant stated that it was unable to determine a more specific
percentage for the appropriate amount of prior medical and surgical
supply charges to remove from the relevant patient claims, but asserted
that removing 50 percent of the charges was a conservative approach for
calculation purposes. The applicant then standardized the charges and
inflated the charges from FY 2018 to FY 2020. The applicant reported
using an inflation factor of 11.1 percent, as published in the FY 2020
IPPS final rule (84 FR 42629).
The applicant then calculated and added the charges for the
SpineJack[supreg] technology by taking the estimated per patient cost
of the device, and converting it to a charge by dividing the costs by
the national average CCR (cost-to-charge ratio) of 0.299 for
implantable devices from the FY 2020 IPPS/LTCH PPS final rule (84 FR
42179).
In the analysis based on 100 percent of claims, the applicant
computed a final inflated average case-weighted standardized charge per
case of $108,760, as compared to an average case-weighted threshold
amount of $77,395. In the analysis based on 77 percent of claims from
only the top six MS-DRGs, the applicant computed a final inflated
average case-weighted standardized charge per case of $92,904, as
compared to an average case-weighted threshold amount of $72,273.
Because the final inflated average case-weighted standardized
charge per case exceeded the average case-weighted threshold amount
under both analyses described previously, the applicant asserted that
the technology meets the cost criterion. We are inviting public
comments on whether the SpineJack[supreg] system meets the cost
criterion.
With regard to the substantial clinical improvement criterion, the
applicant asserted that the treatment of osteoporotic vertebral
compression fracture (VCF) patients with the SpineJack[supreg] system
represents a substantial clinical improvement over existing
technologies because clinical research supports that it reduces future
interventions, hospitalizations, and physician visits through a
decrease in adjacent level fractures (ALFs), which the applicant
asserted are clinically significant adverse events associated with
osteoporotic VCF. The applicant also asserted that treatment with the
SpineJack[supreg] system greatly reduces pain scores and pain
medication use when compared to BKP, which the applicant stated is the
current gold standard in vertebral augmentation (VA) treatment. The
applicant submitted eight studies to support that its technology
represents a substantial clinical improvement over existing
technologies.
The applicant explained that the SpineJack[supreg] system has been
available for the treatment of patients with osteoporotic VCFs for over
10 years in Europe. The applicant explained that, as a result, the
SpineJack[supreg] implant has been extensively studied, and claims from
smaller studies are supported by the results from a recent, larger
prospective, randomized study known as the SAKOS (SpineJack[supreg]
versus Kyphoplasty in Osteoporotic Patients) study. The applicant cited
the SAKOS study \347\ in support of multiple clinical
[[Page 32659]]
improvement claims. The applicant explained that the SAKOS study was
the pivotal trial conducted in support of the FDA 510(k) clearance for
the SpineJack[supreg] system and that the intent of the study was to
compare the safety and effectiveness of the SpineJack[supreg] system
with the KyphX Xpander Inflatable Bone Tamp (BKP) for treatment of
patients with painful osteoporotic VCFs in order to establish a non-
inferiority finding for use of the SpineJack[supreg] system versus
balloon kyphoplasty procedure (BKP).
---------------------------------------------------------------------------
\347\ Noriega, D., et al., ``A prospective, international,
randomized, noninferiority study comparing an implantable titanium
vertebral augmentation device versus balloon kyphoplasty in the
reduction of vertebral compression fractures (SAKOS study),'' The
Spine Journal, 2019, vol. 19(11), pp. 1782-1795.
---------------------------------------------------------------------------
The SAKOS study is a prospective, international, randomized, non-
inferiority study comparing a titanium implantable vertebral
augmentation device (TIVAD), the SpineJack[supreg] system, versus BKP
in the reduction of vertebral compression fractures with a 12-month
follow-up. The primary endpoint was a 12-month responder rate based on
a composite of three components: (1) Reduction in VCF fracture-related
pain at 12 months from baseline by >20 mm as measured by a 100-mm
Visual Analog Scale (VAS) measure, (2) maintenance or functional
improvement of the Oswestry Disability Index (ODI) score at 12 months
from baseline, and (3) absence of device-related adverse events or
symptomatic cement extravasation requiring surgical reintervention or
retreatment at the index level. If the primary composite endpoint was
successful, a fourth component (absence of ALF) was added to the three
primary components for further analysis. If the analysis of this
additional composite endpoint was successful, then midline target
height restoration at 6 and 12 months was assessed. According to the
applicant, freedom from ALFs and midline VB height restoration were two
additional superiority measures that were tested. According to the
SAKOS study, secondary clinical outcomes included changes from baseline
in back pain intensity, ODI score, EuroQol 5-domain (EQ-5D) index score
(to evaluate quality of life), EQ-VAS score, ambulatory status,
analgesic consumption, and length of hospital stay. Radiographic
endpoints included restoration of vertebral body height (mm), and Cobb
angle at each follow-up visit. Adverse events (AEs) were recorded
throughout the study period. The applicant explained that researchers
did not blind the treating physicians or patients, so each group was
aware of the treatment allocation prior to the procedure; however, the
three independent radiologists that performed the radiographic reviews
were blinded to the personal data of the patients, study timepoints and
results of the study.
The SAKOS study recruited patients from 13 hospitals across 5
European countries and randomized 152 patients with osteoporotic
vertebral compression fractures (OVCFs) (1:1) to either
SpineJack[supreg] or BKP procedures. Specifically, patients were
considered eligible for inclusion if they met a number of criteria,
including (1) at least 50 years of age, (2) had radiographic evidence
of one or two painful VCF between T7 and L4, aged less than 3 month,
due to osteoporosis, (3) fracture(s) that showed loss of height in the
anterior, middle, or posterior third of the VB >=15% but <=40%, and (4)
patient failed conservative medical therapy, defined as either having a
VAS back pain score of >=50 mm at 6 weeks after initiation of fracture
care or a VAS pain score of >=70% mm at 2 weeks after initiation of
fracture care. Eleven of the originally recruited patients were
subsequently excluded from surgery (9 randomized to SpineJack[supreg]
and 2 to BKP). A total of 141 patients underwent surgery, and 126
patients completed the 12-month follow-up period (61 TIVAD and 65 BKP).
The applicant contended that despite the SAKOS study being completed
outside the U.S., results are applicable to the Medicare patient
population, noting that 82 percent (116 of 141) of the patients in the
SAKOS trial that received treatment (SpineJack[supreg] system or BKP)
were age 65 or older. The applicant explained further that the FDA
evaluated the applicability of the SAKOS clinical data to the U.S.
population and FDA concluded that although the SAKOS study was
performed in Europe, the final study demographics were very similar to
what has been reported in the literature for U.S.-based studies of BKP.
The applicant also explained that FDA determined that the data was
acceptable for the SpineJack[supreg] system 510(k) clearance including
two clinical superiority claims versus BKP.
The SAKOS study reported that analysis on the intent to treat
population using the observed case method resulted in a 12-month
responder rate of 89.8 percent and 87.3 percent, for SpineJack[supreg]
and BKP respectively (p=0.0016). The additional composite endpoint
analyzed in observed cases resulted in a higher responder rate for
SpineJack[supreg] compared to BKP at both 6 months (88.1% vs. 60.9%;
p<0.0001) and 12 months (79.7% vs. 59.3%; p<0.0001). Midline VB height
restoration, tested for superiority using a t test with one-sided 2.5
percent alpha in the ITT population, was greater with SpineJack[supreg]
than BKP at 6 months (1.142.61 mm vs 0.312.22
mm; p=0.0246) and at 12 months (1.312.58 mm vs. 0.102.23 mm; p=0.0035), with similar results in the per protocol (PP)
population.
Also, according to the SAKOS study, decrease in pain intensity
versus baseline was more pronounced in the SpineJack[supreg] group
compared to the BKP group at 1 month (p=0.029) and 6 months (p=0.021).
At 12 months, the difference in pain intensity was no longer
statistically significant between the groups, and pain intensity at 5
days post-surgery was not statistically different between the groups.
The SAKOS study publication also reported that at each timepoint, the
percentage of patients with reduction in pain intensity >20 mm was
>=90% in the SpineJack[supreg] group and >=80% in the BKP group, with a
statistically significant difference in favor of SpineJack[supreg] at 1
month post-procedure (93.8% vs 81.4%; p=0.03). The study also
reported--(1) no statistically significant difference in disability
(ODI score) between groups during the follow-up period, although there
was a numerically greater improvement in the SpineJack[supreg] group at
most time points; (2) at each time point, the percentage of patients
with maintenance or improvement in functional capacity was at or close
to 100 percent; and (3) in both groups, a clear and progressive
improvement in quality of life was observed throughout the 1-year
follow-up period without any statistically significant between-group
differences.
In the SAKOS study, both groups had similar proportions of VCFs
with cement extravasation outside the treated VB (47.3% for TIVAD,
41.0% for BKP; p=0.436). No symptoms of cement leakage were reported.
The SAKOS study also reported that the BKP group had a rate of adjacent
fractures more than double the SpineJack[supreg] group (27.3% vs.
12.9%; p=0.043). The SAKOS study also reported that the BKP group had a
rate of non-adjacent subsequent thoracic fractures nearly 3 times
higher than the SpineJack[supreg] group (21.9% vs. 7.4%) (a p-value was
not reported for this result). The most common AEs reported over the
study period were backpain (11.8 percent with SpineJack[supreg], 9.6
percent with BKP), new lumbar vertebral fractures (11.8 percent with
SpineJack[supreg], 12.3 percent with BKP), and new thoracic vertebral
fractures (7.4 percent with SpineJack[supreg], 21.9 percent with BKP).
The most frequent SAEs were lumbar vertebral fractures (8.8 percent
with SpineJack[supreg]; 6.8 percent with BKP) and thoracic vertebral
fractures (5.9 percent with SpineJack[supreg], 9.6 percent with BKP).
We
[[Page 32660]]
also note that the length of hospital stay (in days) for osteoporotic
VCF patients treated in the SAKOS trial was 3.8 3.6 days
for the SpineJack[supreg] group and 3.3 2.4 days for the
BKP group (p=0.926, Wilcoxon test).
The applicant also submitted seven additional studies, which are
described in more detail in this section, related to the applicant's
specific assertions regarding substantial clinical improvement.
As stated previously, the applicant asserted that the
SpineJack[supreg] system represents a substantial clinical improvement
over existing technologies because it will reduce future interventions,
hospitalizations, and physician visits through a decrease in ALFs. The
applicant explained that ALFs are considered clinically significant
adverse events associated with osteoporotic VCFs, citing studies by
Lindsay et al.\348\ and Ross et al.\349\ The applicant explained that
these studies reported, respectively, that having one or more VCFs
(irrespective of bone density) led to a 5-fold increase in the
patient's risk of developing another vertebral fracture, and the
presence of two or more VCFs at baseline increased the risk of ALF by
12-fold. The applicant asserted that analysis of the additional
composite endpoint in the SAKOS study demonstrated statistical
superiority of the SpineJack[supreg] system over BKP (p<0.0001) for
freedom from ALFs at both 6 months (88.1 percent vs. 60.9 percent) and
12 months (79.7 percent vs. 59.3 percent) post-procedure. The applicant
noted that the results were similar on both the intent to treat and PP
patient populations. In addition, the applicant asserted the
SpineJack[supreg] system represents a substantial clinical improvement
because in the SAKOS study, compared to patients treated with the
SpineJack[supreg] system, BKP-treated patients had more than double the
rate of ALFs (27.3 percent vs. 12.9 percent; p=0.043) and almost triple
the rate of non-adjacent thoracic VCFs (21.9 percent vs. 7.4 percent).
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\348\ Lindsay R. et al., ``Risk of new vertebral fracture in the
year following a fracture,'' Journal of the American Medical
Association, 2001, vol. 285(3), pp. 320-323.
\349\ Ross P. et al., Pre-existing fractures and bone mass
predict vertebral fracture incidence in women. Annals of Internal
Medicine. 1991, vol. 114(11), pp. 919-923.
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The applicant also asserted superiority with respect to mid-
vertebral body height restoration with the SpineJack[supreg] system.
The applicant explained that historical treatments of osteoporotic VCFs
have focused on anterior VB height restoration and kyphotic Cobb angle
correction; however, research indicates that the restoration of middle
VB height may be as important as Cobb angle correction in the
prevention of ALFs.\350\ According to the applicant, the depression of
the mid-vertebral endplate leads to decreased mechanics of the spinal
column by transferring the person's weight to the anterior wall of the
level adjacent to the fracture, and as a result the anterior wall is
the most common location for ALFs. The applicant further asserted that
by restoring the entire fracture, including mid-VB height, the
vertebral disc above the superior vertebral endplate is re-pressurized
and transfers the load evenly, preventing ALFs.\351\ The applicant
stated that the SpineJack[supreg] system showed superiority over BKP
with regard to midline VB height restoration at both 6 and 12 months,
pointing to the SAKOS study results in the intent to treat population
at 6 months (1.142.61 mm vs 0.312.22 mm;
p=0.0246) and 12 months (1.312.58 mm vs. 0.102.23 mm; p=0.0035) post-procedure. The applicant noted that
similar results were also observed in the PP population (134 patients
in the intent-to-treat population without any major protocol
deviations).
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\350\ Lin J et al. Better height restoration, greater kyphosis
correction, and fewer refractures of cemented vertebrae by using an
intravertebral reduction device: A 1-year follow-up study. World
Neurosurgery. 2016; 90:391-396.
\351\ Tzermiadianos M., et al., ``Altered disc pressure profile
after an osteoporotic vertebral fracture is a risk factor for
adjacent vertebral body fracture,'' European Spine Journal, 2008,
vol. 17(11), pp. 1522-1530.
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The applicant also provided two prospective studies, a
retrospective study, and two cadaveric studies in support of its
assertions regarding superior VB height restoration. The applicant
stated that in a prospective comparative study by Noriega D., et
al.,\352\ VB height restoration outcomes utilizing the
SpineJack[supreg] system were durable out to 3 years. This study was a
safety and clinical performance pilot that randomized 30 patients with
painful osteoporotic vertebral compression fractures to
SpineJack[supreg] (n=15) or BKP (n=15).\353\ Twenty-eight patients
completed the 3-year study (14 in each group). The clinical endpoints
of analgesic consumption, back pain intensity, ODI, and quality of life
were recorded preoperatively and through 36-months post-surgery.\354\
Spine X-rays were also taken 48 hours prior to the procedure and at 5
days, 6, 12, and 36 months post-surgery.\355\ The applicant explained
that over the 3-year follow-up period, VB height restoration and
kyphosis correction was better compared to BKP, specifically that VB
height restoration and kyphotic correction was still evident at 36
months with a greater mean correction of anterior VB height (10 13% vs 2 8% for BKP, p=0.007) and midline VB height
(10