June 6, 2005
Filed via E-mail
        Mark A. McClellan, M.D., Ph.D.
        Administrator
        Centers for Medicare & Medicaid Services
        200 Independence Avenue, S.W.
        Room 314-G - HHH Bldg.
        Washington, D.C. 20201
 RE: Draft Guidance for the 
        Public, Industry and CMS Staff:
        Factors CMS Considers in Making a Determination of
        Coverage with Evidence Development
Dear Dr. McClellan:
The undersigned organizations in the Cancer Leadership Council (CLC) represent cancer patients, providers and research organizations. Both the CLC and our individual organizations have been engaged in advocacy on Medicare coverage issues for a number of years and have welcomed a newly collaborative approach to those issues on the part of the Centers for Medicare & Medicaid Services (CMS). We regard the draft Guidance on "Factors CMS Considers in Making a Determination of Coverage with Evidence Development" as a continuation of several promising trends in CMS policy: first, a willingness to assume a more expansive approach to coverage of new or unproven technologies; and second, a new emphasis on the collection of data as part of a move toward measurement of quality in treatment of cancer and other serious or life-threatening diseases.
The draft Guidance will raise 
        questions for some, including providers who may be called upon to collect 
        data without mechanisms for reimbursement for their efforts, as well as 
        device manufacturers who may doubt that coverage is in fact being expanded. 
        For cancer patients, the primary concern is whether the new coverage with 
        evidence development (CED) policy will interfere in any way with the strong 
        coverage protections for cancer drugs set forth in the current Medicare 
        law.
        
        Under § 1861(t)(2)(B) of the Social Security Act, Medicare coverage 
        for cancer drugs specifically includes "any use which has been approved 
        by the Food and Drug Administration," as well as those additional 
        uses not approved by FDA but cited in certain medical compendia. These 
        assurances of coverage were prompted more than a decade ago by patient 
        and physician outcry over inconsistent coverage decisions by Medicare 
        contractors and are now considered by the entire cancer community to be 
        vital to quality cancer care for Medicare beneficiaries. The failure to 
        recognize that the new CED policy in no way affects this statutorily mandated 
        coverage has generated some understandable anxiety, which we believe would 
        be dispelled by CMS clarification on the point.
The current leadership of CMS has been very progressive with respect to coverage issues, and we support this additional incremental step toward expanded coverage and enhanced evidence development while encouraging clarification of the matters discussed herein. Thanks to CMS and its coverage staff for their responsiveness to the needs of people with cancer.
Sincerely,
        Cancer Leadership Council
        
        American Cancer Society
        American Psychosocial Oncology Society
        American Society of Clinical Oncology
        American Society for Therapeutic Radiology & 
        Oncology
        Cancer Care, Inc.
        Cancer Research and Prevention Foundation
        The Children's Cause for Cancer Advocacy
        Fertile Hope
        International Myeloma Foundation
        Kidney Cancer Association
        Lance Armstrong Foundation
        Leukemia & Lymphoma Society
        Lymphoma Research Foundation
        Marti Nelson Cancer Foundation
        Multiple Myeloma Research Foundation
        National Coalition for Cancer Survivorship
        National Prostate Cancer Coalition
        North American Brain Tumor Coalition
        Ovarian Cancer National Alliance
        Pancreatic Cancer Action Network
        Sarcoma Foundation of America
        Us TOO International Prostate Cancer Education
        and Support Network
        Y-ME National Breast Cancer Organization