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