CANCER LEADERSHIP COUNCIL
CLC
comments on proposed changes in Medicare Part D protected
classes policy
(March 6, 2014)
March 6, 2014
The Honorable Marilyn Tavenner
Administrator
Centers for Medicare & Medicaid Services
Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201
Re: CMS-4159-P, Contract Year 2015
Policy and Technical Changes to the Medicare Advantage and the
Medicare Prescription Drug Benefit Programs
Dear Administrator Tavenner:
The Cancer Leadership Council, including the undersigned cancer
patient, health professional, and research organizations, urges
that the Centers for Medicare & Medicaid Services (CMS)
reconsider the new policy on classes of clinical concern that
has been proposed for Medicare Part D beginning in contract year
2015. Removing three classes of drugs from
“protected classes” status in 2015 and following years is not in
the best interest of individuals with cancer or other serious
illnesses who depend on ready access to prescription drugs.
From the initial implementation of Medicare Part D, the Cancer
Leadership Council has recommended in the strongest possible
terms that cancer patients have access to all drugs in the class
of antineoplastic agents. Cancer drugs are not readily
interchangeable, and decisions about appropriate therapy for a
cancer patient may be driven by information about the specific
mutation associated with an individual’s cancer. In
addition, cancer patients may require access to combination
therapies, combining two or more cancer drugs in a drug regimen,
and may require access to several different chemotherapy agents
over the
course of their disease. Anything less than access to
“all or substantially all” cancer drugs would threaten the
quality of care provided to Medicare beneficiaries. This
has always been true, but access to all cancer drugs is even
more important as we move toward “targeted” or “personalized”
cancer treatment. The protected classes policy that has
been in place in Medicare Part D, which requires that all or
substantially all drugs in a class be covered, has generally
ensured Medicare beneficiaries diagnosed with cancer access to
the drug therapies they need.
CMS has concluded that antineoplastics meet the two criteria for
a class of drugs to be considered a class of clinical
concern. The agency would require that: 1)
hospitalization, disability, or death is likely to result if
administration of a drug in the class does not occur in less
than seven days, and 2) more specific formulary standards cannot
address the matter of access to drugs in the class “due to the
diversity of disease or condition manifestations and associated
specificity or variability of drug therapies necessary to treat
such manifestations.” The first criterion is dangerously
restrictive, and we are concerned that its application in future
contract years would result in the elimination of protected
status for antineoplastics.
In addition, as advocates for cancer patients, we have concerns
about the elimination of protected status for other drug
classes. Cancer patients often have serious and
significant co-morbidities that require treatment, and the
protected classes policy has helped to ensure that they have
appropriate access not only to antineoplastics but also to
supportive care medications. For example, many cancer
patients are prescribed antidepressants, and proper care
requires access to all of the drugs in that class to protect
against dangerous drug interactions.
We understand that the decision to reconsider the protected
classes of drugs was driven in part by a desire to increase
the ability of plan issuers to negotiate lower drug
prices. We offer a caution about attempting to achieve
program savings through this policy change. We believe
that there will be a financial burden for patients and also for
plan issuers associated with the appeals that will be pursued if
the protected classes are limited, in addition to the
significant personal burden that will be placed on Medicare
beneficiaries who find coverage appeals processes sometimes
unresponsive and lengthy. In addition, delay in access to
appropriate therapy may result in increased utilization of other
health care services, undermining any attempt to save money
through more restricted formularies in Medicare Part D.
We strongly recommend that CMS abandon its decision to eliminate
the protected classes of antidepressants, immunosuppressants,
and antipsychotics and also reconsider the criteria for
establishing a class of clinical concern.
Sincerely,
Cancer Leadership Council
American Cancer Society Cancer Action Network
American Society of Clinical Oncology
Association for Molecular Pathology
Bladder Cancer Advocacy Network
CancerCare
Cancer Support Community
The Children's Cause for Cancer Advocacy
Free to Breathe
Hematology/Oncology Pharmacy Association
International Myeloma Foundation
Kidney Cancer Association
The Leukemia & Lymphoma Society
LIVESTRONG Foundation
Lymphoma Research Foundation
Multiple Myeloma Research Foundation
National Coalition for Cancer Survivorship
National Patient
Advocate Foundation
Ovarian Cancer National Alliance
Pancreatic Cancer Action Network
Prevent Cancer Foundation
Sarcoma Foundation of America
Susan G. Komen
Us TOO International Prostate Cancer Education and Support
Network