83_FR_15642 83 FR 15572 - Medicare Program; Reconciling National Coverage Determinations on Positron Emission Tomography (PET) Neuroimaging for Dementia

83 FR 15572 - Medicare Program; Reconciling National Coverage Determinations on Positron Emission Tomography (PET) Neuroimaging for Dementia

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Medicare & Medicaid Services

Federal Register Volume 83, Issue 70 (April 11, 2018)

Page Range15572-15576
FR Document2018-07410

In accordance with the court order on July 19, 2016 (Kort v. Burwell), this notice provides further explanation on the National Coverage Determinations for positron emission tomography (PET) neuroimaging for dementia.

Federal Register, Volume 83 Issue 70 (Wednesday, April 11, 2018)
[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Notices]
[Pages 15572-15576]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07410]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

[CMS-3353-N]


Medicare Program; Reconciling National Coverage Determinations on 
Positron Emission Tomography (PET) Neuroimaging for Dementia

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Notice.

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SUMMARY: In accordance with the court order on July 19, 2016 (Kort v. 
Burwell), this notice provides further explanation on the National 
Coverage Determinations for positron emission tomography (PET) 
neuroimaging for dementia.

FOR FURTHER INFORMATION CONTACT: Linda Gousis, (410) 786-8616.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 19, 2016, the United States District Court for the District 
of Columbia issued an order requiring the Secretary of Health and Human 
Services (HHS) to further explain one aspect of a National Coverage 
Determination (NCD) decision memorandum issued by the Centers for 
Medicare & Medicaid Services (CMS). Kort v. Burwell, 209 F.Supp.3d 98 
(D.D.C. 2016). In particular, the court called for CMS to explain how 
its 2013 NCD denying coverage for a beta amyloid positron emission 
tomography scan (amyloid PET) \1\ could be reconciled with an earlier 
2004 NCD relating to fluorodeoxyglucose (FDG) positron emission 
tomography (PET) (FDG PET).\2\ We issued the NCDs under our authority 
to interpret the ``reasonable and necessary'' statutory standard in 
section 1862(a)(1)(A) of the Social Security Act (the Act) as it 
applies to coverage of items and services in the Medicare program. In 
this notice, we describe the key differences between the two NCDs. We 
relied on the existing record in preparing this document.
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    \1\ CMS, Decision Memo for Beta Amyloid Positron Emission 
Tomography in Dementia and Neurodegenerative Disease (CAG-00431N); 
2013 September 27. Available from: https://www.cms.gov/medicare-coverage-database/details/nca-decision-memo.aspx?NCAId=265 (accessed 
on June 22, 2017). Note that amyloid PET is referred to in the 2013 
NCD as ``[beta]A PET'' or ``amyloid PET'' interchangeably. In this 
document, we are using ``amyloid PET''; however, quotes may refer to 
it by the similar terms.
    \2\ CMS, Decision Memo for Positron Emission Tomography (FDG) 
and Other Neuroimaging Devices for Suspected Dementia (CAG-00088R); 
2014 September 15. Available from: https://www.cms.gov/medicare-coverage-database/details/nca-decision-memo.aspx?NCAId=104 (accessed 
on June 22, 2017).
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II. Provisions of the Notice

    In accordance with the Court's order, we explain why CMS covers one 
diagnostic test for specific patients, while covering the other only in 
the context of a clinical study (Kort, 115). Briefly, the differences 
arose from the type of assessment the test provided; predictive value 
of the test; and consensus panels' conclusions about the use of the 
tests.

A. Summary of the NCDs

    The 2004 NCD for FDG PET resulted in narrow coverage of the 
diagnostic test for specific subpopulations of patients meeting 
narrowly defined criteria (CMS

[[Page 15573]]

2004, 32).\3\ We determined that the ``scan is reasonable and necessary 
in patients with documented cognitive decline of at least six months 
and a recently established diagnosis of dementia who meet diagnostic 
criteria for both Alzheimer's disease (AD) and fronto-temporal dementia 
(FTD), who have been evaluated for specific alternate neurodegenerative 
diseases or causative factors, and for whom the cause of the clinical 
symptoms remains uncertain'' (CMS 2004, 3).
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    \3\ In this document, page numbers for the decision memorandum 
citations are based off of the page number at the bottom of the page 
on the PDF version which is available for download from web page 
provided in the previous footnotes for this document. Click on the 
``Need a PDF?'' icon on the right side of the screen to obtain a 
PDF.
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    The 2013 amyloid PET NCD resulted in non-coverage of amyloid PET 
for dementia and neurodegenerative disease; however, coverage was made 
available in the context of a clinical study. There, one amyloid PET 
scan per patient would be covered through coverage with evidence 
development (CED) pursuant to section 1862(a)(1)(E) of the Act (CMS 
2013, 4). The diagnostic test is covered under certain research 
parameters ``in two scenarios: (1) To exclude Alzheimer's disease (AD) 
in narrowly defined and clinically difficult differential diagnoses, 
such as AD versus frontotemporal dementia (FTD); and (2) to enrich 
clinical trials seeking better treatments or prevention strategies, by 
allowing for selection of patients on the basis of biological as well 
as clinical and epidemiological factors'' (CMS 2013, 4).

B. Kort v. Burwell Summary

    The plaintiffs in Kort were beneficiaries who exhibited symptoms of 
cognitive impairment but did not have a diagnosis for their illness. 
They wanted amyloid PET scans because they thought the scans would help 
their doctors make a differential diagnosis. The court determined that 
the amyloid PET NCD failed to adequately explain how the decision 
denying coverage for amyloid PET could be reconciled with the earlier 
decision approving coverage of FDG PET in certain contexts. The court 
noted, ``[t]he similarities between FDG PET and BA scans are manifest. 
Both are diagnostic tests that involve the use of a PET scan and a 
radiopharmaceutical tracer. Both are indicated for use on overlapping 
patient populations exhibiting symptoms of cognitive impairment. And, 
although neither test can affirmatively diagnose a disease, both have 
diagnostic value as a tool for differentially diagnosing patients who 
exhibit symptoms associated with several different diseases'' (Kort, 
114-115). Without vacating the 2013 NCD, the Court remanded ``the 
Decision Memo so that the agency can evaluate in the first instance 
whether its coverage decisions can be reconciled'' (Kort, 115).

C. Analytic Framework for Reviewing Clinical Evidence

    We evaluated the relevant clinical evidence to determine whether or 
not the evidence is sufficient to support a finding that an item or 
service is reasonable and necessary for the Medicare population, which 
consists largely of adults 65 years of age and older (CMS 2004, 13 and 
CMS 2013, 13). This process was discussed in the methodological 
principles for both NCDs. The critical appraisal of the evidence 
enables CMS to determine to what degree the agency is confident that 
the intervention will improve health outcomes for beneficiaries (CMS 
2004, 13 and CMS 2013, 13).
    Specifically for diagnostic imaging tests, the overall assessment 
focuses on whether use of the test to guide patient management and 
treatment improves health outcomes (also referred to as clinical 
utility). Before appropriately reaching a consideration of outcomes, 
two fundamental properties of diagnostic tests need to be established: 
(1) the test accurately and reliably measures the intended analyte, 
factor, or component (also referred to as analytic validity); and (2) 
the test accurately and reliably identifies the condition or disorder 
of interest (also referred to as clinical validity). Outcomes such as 
change in patient management due to diagnostic tests and accuracy, 
sensitivity, and specificity are also of interest to CMS (CMS 2004, 14 
and CMS 2013, 30).

D. Review of the Clinical Evidence for FDG and Amyloid PET

    While both diagnostic tests use a PET scan, there is a distinction 
in the tracers used for the scans: FDG provides a physiologic 
(functional) assessment of the brain since it highlights glucose 
metabolism; meanwhile, beta amyloid tracers such as florbetapir 
(Amyvid[supreg]) and flutemetamol (Vizamyl[supreg]) provide a molecular 
(anatomic) assessment since they bind to amyloid [beta] plaques (CMS 
2004, 5 and CMS 2013, 11). In both coverage analysis, we focused on 
whether the PET scans can accurately and reliably identify dementias, 
including AD, and whether use of the scans to guide management and 
treatment improves meaningful health outcomes (CMS 2004, 14 and CMS 
2013, 14). We focused on these because numerous mechanism of action 
studies have shown that PET scans can accurately and reliably detect 
radionuclide tracers that tag nitrogen, oxygen, glucose, and 
amyloid.\4\
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    \4\ Petersen et al. Practice parameter: Early detection of 
dementia: Mild cognitive impairment (an evidence-based review), 
Report of the Quality Standards Subcommittee of the American Academy 
of Neurology. Neurology. May 2001; Neuroimaging in the Diagnosis of 
Alzheimer's Disease and Dementia. Expert panel convened by the 
Neuroscience and Neuropsychology of Aging Program, National 
Institute on Aging (NIA), HHS. April 5, 2004. https://www.cms.gov/Medicare/Coverage/DeterminationProcess/downloads/id104d.pdf 
(accessed on August 9, 2017); and D Matchar, S Kulasingam, B 
Huntington, M Patwardhan, L Mann. Technology Assessment: Positron 
emission tomography, single photon emission computed tomography, 
computed tomography, functional magnetic resonance imaging, and 
magnetic resonance spectroscopy for the diagnosis and management of 
Alzheimer's disease. Duke Center for Clinical Health Policy Research 
and Evidence Practice Center. December 2001. https://www.cms.gov/Medicare/Coverage/DeterminationProcess/downloads/id9TA.pdf (accessed 
August 9, 2017). (CMS 2004, 43 and 46)
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    Ultimately, we determined that evidence for FDG PET for 
differential diagnosis of dementias was more compelling and 
substantiated than for amyloid PET when the same analytic framework was 
applied to these diagnostic imaging tests. There were several reasons 
for CMS finding FDG PET more compelling. The ability of the FDG PET 
test to accurately and reliably identify the disorder of interest is 
better established and accepted than for molecular PET scans, such as 
beta amyloid (CMS 2004, 8). Since the 1980s, functional assessment of 
the brain using one of a number of tracers, such as ones for blood 
flow, oxygen utilization, and glucose metabolism, has been used to 
diagnose dementia. Among these, FDG is a glucose analog and behaves 
similar to glucose in the cell. Glucose metabolism may be viewed as an 
indicator of cell activity. Used as a PET tracer, FDG will indicate the 
cell activity. In the brain, function as shown by cell activity 
(glucose metabolism or FDG tagging) may be used to differentiate causes 
of dementia (CMS 2004, 7). For example, in frontal lobe dementia, 
imaging tests have shown marked hypometabolism (darker areas) of the 
frontal or temporal lobes with sparing of parietal lobes. In patients 
with Alzheimer's disease, there is typically hypometabolism bilaterally 
in the temporal and parietal lobes (CMS 2004, 5, 7, and 33). 
Additionally, ``the presumed higher specificity of FDG PET for 
detecting metabolic patterns correlated with FTD could decrease the 
number of false positive results for AD and consequently increase the 
number of true positives for FTD to inform

[[Page 15574]]

patient management and caregiver counseling'' (CMS 2004, 35).
    In contrast to the evidence supporting use of FDG PET, there were 
uncertainties regarding the use of amyloid PET. The presence or absence 
of amyloid in the brain has been considered in diagnosis of AD, but it 
is not diagnostic because some normal individuals also have amyloid 
plaques (CMS 2013, 10). Amyloid tracers bind to and statically mark 
amyloid plaque providing an anatomic or structural assessment (location 
and concentration) but do not provide information on cell activity or 
brain function. This is an inherent limitation of anatomic assessments 
compared to functional assessments because the hallmark of dementia is 
an abnormal decline in cognitive function (CMS 2013, 7). Thus, the 
premise that the test accurately and reliably identifies the disorder 
is reduced in amyloid imaging compared to functional imaging, such as 
FDG, due to the different mechanisms of action. Additionally, the 
ability of amyloid PET scans to diagnose AD is inherently reduced by 
the pathophysiologic characteristics of AD since the presence 
extracellular amyloid [beta] is only one of two specific findings 
required for the diagnosis of AD. The second key factor is the presence 
of intracellular neurofibrillary tangles (NFTs) consisting of abnormal 
tau proteins. Amyloid tracers do not show the presence of NFTs or 
abnormal tau proteins, which are not detected by any commercially 
available radionuclide tracer (CMS 2013, 10). In addition, findings 
based on postmortem investigation and studies (pathophysiologic 
alternations in brain biopsies) may not directly translate to factors 
that may be used to make a clinical diagnosis of patients with 
dementia.
    The FDG PET NCD acknowledged that AD-type physiology may be present 
in normal individuals with normal cognitive function; therefore, a 
positive amyloid PET scan does not necessarily mean the individual has 
AD (CMS 2004, 5). As subsequently noted in the amyloid PET decision 
memo nine years later, ``[A]myloid plaques are seen in other diseases, 
such as dementia with Lewy bodies, cerebral amyloid angiopathy, 
Parkinson's disease, Huntington's disease, and inclusion body myositis. 
Amyloid plaques can also be detected in cognitively normal older 
adults. Autopsy studies demonstrate that approximately 33% of older 
individuals (20-65% depending on age) who are cognitively normal have 
amyloid accumulation at levels consistent with AD pathology (Hulette 
1998, Price 1999, Knopman 2003, Rowe 2010)'' (CMS 2013, 10).
    The reliability of test is a necessary component for determining 
health outcomes or clinical utility. The foundation of clinical utility 
for functional PET scans, like FDG PET, is better established than 
anatomic PET scans, like amyloid PET. While direct, high quality 
evidence on clinical utility of FDG PET for dementia was not found in 
published literature at the time of the 2004 decision, there were 
related studies that showed clinical utility of FDG PET for other 
treatable causes of cognitive impairment or dementia such as 
cerebrovascular disease, certain inherited diseases, and metabolic 
conditions that could possibly be diagnosed with FDG PET, and then 
treated with proven therapies to improve health outcomes (CMS 2004, 32, 
37). At the time of the amyloid PET NCD, there was no published 
evidence of clinical utility similar to what was reviewed for FDG PET, 
and there were no related studies suggesting that amyloid PET would be 
helpful in the differential diagnosis of AD and FTD (CMS 2013, 14). 
Further, because amyloid PET does not specifically diagnose other 
conditions, the clinical utility or improved health outcomes associated 
with other diseases is not applicable.
    Since the mid-2000s, a number of clinical trials of different 
therapies that target amyloid have failed to produce results of 
improvement in health outcomes (CMS 2013, 61).\5\ FDG PET did not have 
the same negative trials at the time of our 2004 decision.
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    \5\ See also Peterson RC. Early Diagnosis of Alzheimer's 
Disease: Is MCI Too Late? Current Alzheimer Research. 2009; 
6(4):329; Petersen RC, Smith G, Waring S, et al. Mild cognitive 
impairment: clinical characterization and outcome. Archives of 
Neurology. 1999;56:303-8; National Institute on Aging (NIA) and the 
Reagan Institute. Consensus recommendations for the postmortem 
diagnosis of Alzheimer's disease. The National Institute on Aging, 
and Reagan Institute Working Group on Diagnostic Criteria for the 
Neuropathological Assessment of Alzheimer's Disease. Neurobiology of 
Aging. 1997 Jul-Aug;18(4 Suppl):S1-2; and Technology Evaluation 
Center (TEC), Blue Cross Blue Shield. Beta Amyloid Imaging with 
Positron Emission Tomography (PET) for Evaluation of Suspected 
Alzheimer's Disease or Other Causes of Cognitive Decline. 2013 
February;27(5).
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E. Determining the Predictive Value of Amyloid PET Compared to FDG PET

    We did not have the same concerns regarding false positives using 
FDG PET to differentially diagnose AD as we did with amyloid PET. The 
predictive value of the amyloid PET scan cannot be based solely on its 
capability to ``rule out'' AD, because there is also the risk of 
positively diagnosing patients with Alzheimer's when they do not have 
it. Conversely, for a patient faced with the possibility of having 
Alzheimer's, a negative amyloid PET result could be reassuring (CMS 
2013, 52-53). However, such reassurance would not change clinical 
management because the patient may still have AD. If a clinician did 
not have ``a convincing clinical picture [of AD], work up to exclude 
other diagnosable and potentially treatable diseases should proceed 
anyway (as it would if an amyloid scan were negative). The 
unavailability of an amyloid scan does not change that logic'' (CMS 
2013, 52).
    At the same time, the amyloid PET scan portends great risk because 
there is no evidence for what a positive scan means in specific 
patients since they can have amyloid plaques but not have AD. At the 
Medicare Evidence Development & Coverage Advisory Committee (MEDCAC) 
meeting held specifically on amyloid PET on January 30, 2013, one 
expert speaker mentioned that he believed that a patient with mild 
cognitive impairment (MCI) and a positive amyloid PET scan had 
Alzheimer's disease and that many other experts agreed with him (MEDCAC 
2013, 31, 53).\6\ However, no published clinical trials, studies, 
consensus publications, or further MEDCAC discussions identified 
whether, for amyloid PET, ``objectively-defined subpopulations of 
patients with cognitive impairment for which the scan (alone or 
combined with other tests) may be more or less appropriate. Yet there 
are many subtypes of MCI, and some (e.g., amnestic MCI) may be more 
relevant than others. Furthermore, there is evidence that the same 
level of amyloid burden detected by a scan may mean something very 
different in say, a 66 year-old compared to an 86 year-old (e.g., Le 
Couteur 2013, Laforce 2011). Yet the [Amyloid Imaging Task Force] AIT 
is silent about such potentially important distinctions'' (CMS 2013, 
33). (The AIT was a consensus panel that developed recommendations for 
use of amyloid PET.)
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    \6\ Medicare Evidence Development & Coverage Advisory Committee 
(MEDCAC), Meeting: Beta Amyloid Positron Emission Tomography (PET) 
in Dementia and Neurodegenerative Disease, Meeting Transcript; 2013 
January 30. Available from: https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/downloads/id66d.pdf (accessed on June 22, 
2017). (CMS 2013, 79, 80, and 82)
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    We concluded in the amyloid PET NCD that ``widespread clinical use 
of the scan both in many types of patients with unexplained MCI, and to 
make a positive diagnosis of Alzheimer's disease (despite insufficient 
evidence on

[[Page 15575]]

the clinical meaning of a positive scan) has great potential to lead to 
over-diagnosis of Alzheimer's disease. Such misdiagnosis of Alzheimer's 
disease portends real harm to our beneficiaries (La Couteur 2013), and 
this must be considered in our coverage decision'' (CMS 2013, 33).
    ``False positive'' test results, widely considered by radiologists 
as the bane of diagnostic imaging, are of special concern for amyloid 
PET. The following are scenarios that contrast the impacts of negative, 
positive, and false positive test results. For example, if a patient 
were to get a computed tomography (CT) study of the chest, abdomen, and 
pelvis to ``rule out'' cancer, and if the CT study were negative, that 
indeed would be reassuring to the patient. However, if the study were 
positive for an enlarged lymph node, liver lesion, or some questionable 
pulmonary nodule, these findings could be followed up by biopsy, 
surgical resection, or assessing for progression of disease on a close 
follow-up CT. In contrast, a completely different clinical scenario 
follows amyloid PET. Those options to further explore findings common 
for other ``positive'' diagnostic tests do not exist. Providers cannot 
do a biopsy, resection, or close follow up of amyloid imaging after a 
positive amyloid scan.
    Concern about false positive test results was not a major factor in 
the 2004 decision memorandum on FDG PET. Based off of an external 
technical assessment that helped inform the 2004 decision memorandum, 
we concluded that ``FDG-PET testing would reduce the number of false 
positive results'' (CMS 2004, 16). FDG PET has the ability to diagnose 
patients with disease (dementias, not only Alzheimer's) since it is a 
functional test and measures glucose metabolism (activity) as noted 
earlier. Based on the patterns of uptake (cellular function indicating 
activity), a differential diagnosis between FTD (characteristic 
hypometabolism in the frontal lobe of the brain) versus AD 
(characteristic hypometabolism in temporal and parietal lobes of the 
brain) versus normal patterns (no hypometabolism) may be made. In our 
FDG PET decision, we noted, ``Patients with FTD generally tend to show 
bifrontal and bitemporal hypoperfusion in single photon emission 
computerized tomography (SPECT) or glucose hypometabolism in FDG PET 
scans. In contrast, temporoparietal defects are predominant in AD'' 
(CMS 2004, 7).
    In contrast, the false positive results were a greater concern with 
amyloid PET (CMS 2013, 48-50), since amyloid plaques may be present in 
many individuals with normal cognitive function. As noted earlier, the 
presence of amyloid (positive test) by itself does not diagnose AD 
since the diagnosis of AD is based on the presence of both amyloid and 
tau proteins on autopsy. A positive amyloid PET does not allow a 
differential diagnosis between FTD versus AD versus an individual with 
normal cognitive function since amyloid is a structural component and 
does not indicate function.

F. Expert Consensus in Making Evidence-based NCDs

    Two expert panels, in 2002, the Medicare Coverage Advisory 
Committee (MCAC) \7\ Diagnostic Imaging Panel,\8\ and, in 2004, the 
National Institute on Aging (NIA) agreed on a narrow conditioned 
clinical use for the FDG PET scan (MCAC-DIP 2002, 122, 196-197 and CMS 
2004, 35). The expert panel convened by NIA believed the existing 
evidence warranted use of FDG-PET for a limited number of cases 
including differential diagnosis of AD and FTD (NIA 2004, 32, 35, 45, 
48, and 51-52). For these reasons, in 2004 we had confidence in the 
plausibility of downstream health outcomes for a narrow indication for 
FDG PET for differential diagnosis of AD and FTD.
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    \7\ The MCAC was the predecessor to the MEDCAC.
    \8\ MEDCAC, Meeting: Positron Emission Tomography (FDG) for 
Alzheimer's Disease/Dementia (Diagnostic Imaging Panel), Meeting 
Transcript; 2002 January 10. https://www.cms.gov/Regulations-and-Guidance/Guidance/FACA/downloads/id2a.pdf (accessed June 22, 2017).
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    In contrast to the uniform consensus for FDG PET, in 2013, two 
expert panels, the AIT \9\ and MEDCAC,\10\ manifestly disagreed about 
the clinical use of the amyloid PET scan (CMS 2013, 33 and MEDCAC 2013, 
55). While the AIT noted amyloid imaging may be appropriate in 
progressive unexplained or unclear clinical presentations (Johnson 
2013, e6), the MEDCAC did not find sufficient evidence for CMS to 
support outright coverage of amyloid PET (MEDCAC 2013, 248, 250). This 
different degree of consensus between 2004 and 2013 was a contributing 
factor in our decisions. However, our evidence-based approach to 
coverage determinations does not rely on consensus alone. As explained 
in the 2013 NCD, ``two credible expert panels--the AIT and the MEDCAC--
produced differing consensuses. That's why, in the well-established 
process of scientific evaluation, evidence must be evaluated to 
determine the strength of the consensus opinion'' (CMS 2013, 33). At 
the time the amyloid PET NCD was finalized, there was no evidence to 
support or refute the consensus opinions. CED for amyloid PET supported 
the needed development of evidence for future evaluation. Therefore, 
based on the evidence reviewed as described above and the conclusions 
of the expert panels, we came to differing conclusions because the 
evidence for FDG PET for a narrowly defined patient population was 
better established than for amyloid PET.
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    \9\ Johnson et al., Appropriate use criteria for amyloid PET: A 
report of the Amyloid Imaging Task Force, the Society of Nuclear 
Medicine and Molecular Imaging, and the Alzheimer's Association, 
Alzheimer's and Dementia; 2013 January. http://www.alz.org/research/downloads/appropriate_use_criteria_for_amyloid_PET_Alz_and_Dem_January_2013.pdf
 (accessed June 22, 2017).
    \10\ MEDCAC, Meeting: Beta Amyloid Positron Emission Tomography 
(PET) in Dementia and Neurodegenerative Disease; 2013 January 30. 
https://www.cms.gov/medicare-coverage-database/details/medcac-meeting-details.aspx?MEDCACId=66&year=2013&bc=AAAIAAAAAAAAAA%3d%3d& 
(accessed June 22, 2017).
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G. Summary

    As required by the court order that accompanied the Kort opinion, 
this document further explains why we reached different conclusions 
with respect to section 1862(a)(1)(A) of the Act in the NCDs for FDG 
PET and amyloid PET. Both decisions were based on the available 
evidence according to our analytic framework described herein. Based on 
that evidence, we created narrow coverage for a small patient 
population with extensive patient eligibility criteria and provider 
requirements for FDG PET. For amyloid PET, the totality of the evidence 
available was not sufficient to demonstrate that the test produced 
diagnostic value as a tool for differentially diagnosing patients who 
exhibit symptoms associated with AD or FTD. Therefore, we established 
coverage for amyloid PET in the context of a clinical study setting 
with patient and provider eligibility criteria under the authority of 
section 1862(a)(1)(E) of the Act.

III. Collection of Information Requirements

    This document does not impose information collection requirements, 
that is, reporting, recordkeeping or third-party disclosure 
requirements. Consequently, there is no need for review by the Office 
of Management and Budget under the authority of the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).


[[Page 15576]]


    Dated: March 16, 2018.
Seema Verma,
Administrator, Centers for Medicare & Medicaid Services.
    Dated: April 5, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human Services.
[FR Doc. 2018-07410 Filed 4-10-18; 8:45 am]
BILLING CODE 4120-01-P



                                             15572                        Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices

                                             Requirements, by any of the following                   condition, and on time at the required                 tomography (PET) neuroimaging for
                                             methods:                                                place.                                                 dementia.
                                                • Regulations.gov: http://                                                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                     B. Annual Reporting Burden
                                             www.regulations.gov. Submit comments                                                                           Linda Gousis, (410) 786–8616.
                                             via the Federal eRulemaking portal by                         Respondents: 65,000.
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                             inputting the OMB Control number.                             Responses per Respondent: 22.
                                             Select the link ‘‘Submit a Comment’’                          Annual Responses: 1,430,000.                     I. Background
                                             that corresponds with ‘‘Information                           Hours Per Response: .05.                            On July 19, 2016, the United States
                                             Collection 9000–0061, Transportation                          Total Burden Hours: 71,500.                      District Court for the District of
                                             Requirements’’. Follow the instructions                 C. Public Comments                                     Columbia issued an order requiring the
                                             provided at the ‘‘Submit a Comment’’                                                                           Secretary of Health and Human Services
                                             screen. Please include your name,                          Public comments are particularly                    (HHS) to further explain one aspect of
                                             company name (if any), and                              invited on: Whether this collection of                 a National Coverage Determination
                                             ‘‘Information Collection 9000–0061,                     information is necessary; whether it will              (NCD) decision memorandum issued by
                                             Transportation Requirements’’ on your                   have practical utility; whether our                    the Centers for Medicare & Medicaid
                                             attached document.                                      estimate of the public burden of this                  Services (CMS). Kort v. Burwell, 209
                                                • Mail: General Services                             collection of information is accurate,                 F.Supp.3d 98 (D.D.C. 2016). In
                                             Administration, Regulatory Secretariat                  and based on valid assumptions and                     particular, the court called for CMS to
                                             Division (MVCB), 1800 F Street NW,                      methodology; ways to enhance the                       explain how its 2013 NCD denying
                                             Washington, DC 20405. ATTN: Ms.                         quality, utility, and clarity of the                   coverage for a beta amyloid positron
                                             Mandell/IC 9000–0061, Transportation                    information to be collected; and ways in               emission tomography scan (amyloid
                                             Requirements.                                           which we can minimize the burden of                    PET) 1 could be reconciled with an
                                                Instructions: Please submit comments                 the collection of information on those                 earlier 2004 NCD relating to
                                             only and cite Information Collection                    who are to respond, through the use of                 fluorodeoxyglucose (FDG) positron
                                             9000–0061, Transportation                               appropriate technological collection                   emission tomography (PET) (FDG PET).2
                                             Requirements, in all correspondence                     techniques or other forms of information               We issued the NCDs under our authority
                                             related to this collection. Comments                    technology.                                            to interpret the ‘‘reasonable and
                                             received generally will be posted                          Obtaining Copies of Proposals:                      necessary’’ statutory standard in section
                                             without change to regulations.gov,                      Requesters may obtain a copy of the                    1862(a)(1)(A) of the Social Security Act
                                             including any personal and/or business                  information collection documents from                  (the Act) as it applies to coverage of
                                             confidential information provided. To                   the General Services Administration,                   items and services in the Medicare
                                             confirm receipt of your comment(s),                     Regulatory Secretariat Division (MVCB),                program. In this notice, we describe the
                                             please check regulations.gov,                           1800 F Street NW, Washington, DC                       key differences between the two NCDs.
                                             approximately two-to-three business                     20405, telephone 202–501–4755. Please                  We relied on the existing record in
                                             days after submission to verify posting                 cite OMB Control No. 9000–0061,                        preparing this document.
                                             (except allow 30 days for posting of                    Transportation Requirements, in all
                                                                                                     correspondence.                                        II. Provisions of the Notice
                                             comments submitted by mail).
                                             FOR FURTHER INFORMATION CONTACT: Mr.                      Dated: April 4, 2018.                                   In accordance with the Court’s order,
                                             Curtis E. Glover, Sr., Procurement                                                                             we explain why CMS covers one
                                                                                                     Lorin S. Curit,
                                             Analyst, Office of Governmentwide                                                                              diagnostic test for specific patients,
                                                                                                     Director, Federal Acquisition Policy Division,
                                             Acquisition Policy, GSA 202–501–1448                                                                           while covering the other only in the
                                                                                                     Office of Governmentwide Acquisition Policy,
                                             or via email at curtis.glover@gsa.gov.                  Office of Acquisition Policy, Office of                context of a clinical study (Kort, 115).
                                                                                                     Governmentwide Policy.                                 Briefly, the differences arose from the
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     [FR Doc. 2018–07371 Filed 4–10–18; 8:45 am]
                                                                                                                                                            type of assessment the test provided;
                                             A. Purpose                                                                                                     predictive value of the test; and
                                                                                                     BILLING CODE 6820–EP–P
                                                                                                                                                            consensus panels’ conclusions about the
                                                FAR Part 47 contains policies and
                                                                                                                                                            use of the tests.
                                             procedures for applying transportation
                                             and traffic management considerations                   DEPARTMENT OF HEALTH AND                               A. Summary of the NCDs
                                             in the acquisition of supplies. The FAR                 HUMAN SERVICES                                           The 2004 NCD for FDG PET resulted
                                             part also contains policies and                                                                                in narrow coverage of the diagnostic test
                                             procedures when acquiring                               Centers for Medicare & Medicaid                        for specific subpopulations of patients
                                             transportation or transportation-related                Services                                               meeting narrowly defined criteria (CMS
                                             services. Generally, contracts involving
                                             transportation require information                      [CMS–3353–N]
                                                                                                                                                               1 CMS, Decision Memo for Beta Amyloid Positron
                                             regarding the nature of the supplies,                                                                          Emission Tomography in Dementia and
                                                                                                     Medicare Program; Reconciling
                                             method of shipment, place and time of                                                                          Neurodegenerative Disease (CAG–00431N); 2013
                                                                                                     National Coverage Determinations on                    September 27. Available from: https://
                                             shipment, applicable charges, marking
                                                                                                     Positron Emission Tomography (PET)                     www.cms.gov/medicare-coverage-database/details/
                                             of shipments, shipping documents and                                                                           nca-decision-memo.aspx?NCAId=265 (accessed on
                                                                                                     Neuroimaging for Dementia
                                             other related items.                                                                                           June 22, 2017). Note that amyloid PET is referred
                                                Contractors are required to provide                  AGENCY: Centers for Medicare &                         to in the 2013 NCD as ‘‘bA PET’’ or ‘‘amyloid PET’’
                                             the information in accordance with the                                                                         interchangeably. In this document, we are using
                                                                                                     Medicaid Services (CMS), HHS.                          ‘‘amyloid PET’’; however, quotes may refer to it by
amozie on DSK30RV082PROD with NOTICES




                                             following FAR Part 47 clauses: 52.247–                  ACTION: Notice.                                        the similar terms.
                                             29 through 52.247–44, 52.247–48,                                                                                  2 CMS, Decision Memo for Positron Emission

                                             52.247–52, and 52.247–64. The                           SUMMARY:   In accordance with the court                Tomography (FDG) and Other Neuroimaging
                                             information is used to ensure that: (1)                 order on July 19, 2016 (Kort v. Burwell),              Devices for Suspected Dementia (CAG–00088R);
                                                                                                                                                            2014 September 15. Available from: https://
                                             Acquisitions are made on the basis most                 this notice provides further explanation               www.cms.gov/medicare-coverage-database/details/
                                             advantageous to the Government and;                     on the National Coverage                               nca-decision-memo.aspx?NCAId=104 (accessed on
                                             (2) supplies arrive in good order and                   Determinations for positron emission                   June 22, 2017).



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                                                                          Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices                                                 15573

                                             2004, 32).3 We determined that the                      associated with several different                     numerous mechanism of action studies
                                             ‘‘scan is reasonable and necessary in                   diseases’’ (Kort, 114–115). Without                   have shown that PET scans can
                                             patients with documented cognitive                      vacating the 2013 NCD, the Court                      accurately and reliably detect
                                             decline of at least six months and a                    remanded ‘‘the Decision Memo so that                  radionuclide tracers that tag nitrogen,
                                             recently established diagnosis of                       the agency can evaluate in the first                  oxygen, glucose, and amyloid.4
                                             dementia who meet diagnostic criteria                   instance whether its coverage decisions                  Ultimately, we determined that
                                             for both Alzheimer’s disease (AD) and                   can be reconciled’’ (Kort, 115).                      evidence for FDG PET for differential
                                             fronto-temporal dementia (FTD), who                                                                           diagnosis of dementias was more
                                                                                                     C. Analytic Framework for Reviewing                   compelling and substantiated than for
                                             have been evaluated for specific
                                                                                                     Clinical Evidence                                     amyloid PET when the same analytic
                                             alternate neurodegenerative diseases or
                                             causative factors, and for whom the                        We evaluated the relevant clinical                 framework was applied to these
                                             cause of the clinical symptoms remains                  evidence to determine whether or not                  diagnostic imaging tests. There were
                                             uncertain’’ (CMS 2004, 3).                              the evidence is sufficient to support a               several reasons for CMS finding FDG
                                                The 2013 amyloid PET NCD resulted                    finding that an item or service is                    PET more compelling. The ability of the
                                             in non-coverage of amyloid PET for                      reasonable and necessary for the                      FDG PET test to accurately and reliably
                                             dementia and neurodegenerative                          Medicare population, which consists                   identify the disorder of interest is better
                                             disease; however, coverage was made                     largely of adults 65 years of age and                 established and accepted than for
                                             available in the context of a clinical                  older (CMS 2004, 13 and CMS 2013, 13).                molecular PET scans, such as beta
                                             study. There, one amyloid PET scan per                  This process was discussed in the                     amyloid (CMS 2004, 8). Since the 1980s,
                                             patient would be covered through                        methodological principles for both                    functional assessment of the brain using
                                             coverage with evidence development                      NCDs. The critical appraisal of the                   one of a number of tracers, such as ones
                                             (CED) pursuant to section 1862(a)(1)(E)                 evidence enables CMS to determine to                  for blood flow, oxygen utilization, and
                                             of the Act (CMS 2013, 4). The diagnostic                what degree the agency is confident that              glucose metabolism, has been used to
                                             test is covered under certain research                  the intervention will improve health                  diagnose dementia. Among these, FDG
                                             parameters ‘‘in two scenarios: (1) To                   outcomes for beneficiaries (CMS 2004,                 is a glucose analog and behaves similar
                                             exclude Alzheimer’s disease (AD) in                     13 and CMS 2013, 13).                                 to glucose in the cell. Glucose
                                             narrowly defined and clinically difficult                  Specifically for diagnostic imaging                metabolism may be viewed as an
                                             differential diagnoses, such as AD                      tests, the overall assessment focuses on              indicator of cell activity. Used as a PET
                                             versus frontotemporal dementia (FTD);                   whether use of the test to guide patient              tracer, FDG will indicate the cell
                                             and (2) to enrich clinical trials seeking               management and treatment improves                     activity. In the brain, function as shown
                                             better treatments or prevention                         health outcomes (also referred to as                  by cell activity (glucose metabolism or
                                             strategies, by allowing for selection of                clinical utility). Before appropriately               FDG tagging) may be used to
                                             patients on the basis of biological as                  reaching a consideration of outcomes,                 differentiate causes of dementia (CMS
                                             well as clinical and epidemiological                    two fundamental properties of                         2004, 7). For example, in frontal lobe
                                             factors’’ (CMS 2013, 4).                                diagnostic tests need to be established:              dementia, imaging tests have shown
                                                                                                     (1) the test accurately and reliably                  marked hypometabolism (darker areas)
                                             B. Kort v. Burwell Summary                              measures the intended analyte, factor, or
                                                                                                                                                           of the frontal or temporal lobes with
                                               The plaintiffs in Kort were                           component (also referred to as analytic
                                                                                                                                                           sparing of parietal lobes. In patients
                                             beneficiaries who exhibited symptoms                    validity); and (2) the test accurately and
                                                                                                                                                           with Alzheimer’s disease, there is
                                             of cognitive impairment but did not                     reliably identifies the condition or
                                                                                                                                                           typically hypometabolism bilaterally in
                                             have a diagnosis for their illness. They                disorder of interest (also referred to as
                                                                                                                                                           the temporal and parietal lobes (CMS
                                             wanted amyloid PET scans because they                   clinical validity). Outcomes such as
                                                                                                                                                           2004, 5, 7, and 33). Additionally, ‘‘the
                                             thought the scans would help their                      change in patient management due to
                                                                                                                                                           presumed higher specificity of FDG PET
                                             doctors make a differential diagnosis.                  diagnostic tests and accuracy,
                                                                                                                                                           for detecting metabolic patterns
                                             The court determined that the amyloid                   sensitivity, and specificity are also of
                                                                                                                                                           correlated with FTD could decrease the
                                             PET NCD failed to adequately explain                    interest to CMS (CMS 2004, 14 and CMS
                                                                                                                                                           number of false positive results for AD
                                             how the decision denying coverage for                   2013, 30).
                                                                                                                                                           and consequently increase the number
                                             amyloid PET could be reconciled with                    D. Review of the Clinical Evidence for                of true positives for FTD to inform
                                             the earlier decision approving coverage                 FDG and Amyloid PET
                                             of FDG PET in certain contexts. The                                                                             4 Petersen et al. Practice parameter: Early
                                             court noted, ‘‘[t]he similarities between                  While both diagnostic tests use a PET              detection of dementia: Mild cognitive impairment
                                             FDG PET and BA scans are manifest.                      scan, there is a distinction in the tracers           (an evidence-based review), Report of the Quality
                                             Both are diagnostic tests that involve the              used for the scans: FDG provides a                    Standards Subcommittee of the American Academy
                                                                                                     physiologic (functional) assessment of                of Neurology. Neurology. May 2001; Neuroimaging
                                             use of a PET scan and a                                                                                       in the Diagnosis of Alzheimer’s Disease and
                                             radiopharmaceutical tracer. Both are                    the brain since it highlights glucose                 Dementia. Expert panel convened by the
                                             indicated for use on overlapping patient                metabolism; meanwhile, beta amyloid                   Neuroscience and Neuropsychology of Aging
                                             populations exhibiting symptoms of                      tracers such as florbetapir (Amyvid®)                 Program, National Institute on Aging (NIA), HHS.
                                             cognitive impairment. And, although                     and flutemetamol (Vizamyl®) provide a                 April 5, 2004. https://www.cms.gov/Medicare/
                                                                                                                                                           Coverage/DeterminationProcess/downloads/
                                             neither test can affirmatively diagnose a               molecular (anatomic) assessment since                 id104d.pdf (accessed on August 9, 2017); and D
                                             disease, both have diagnostic value as a                they bind to amyloid b plaques (CMS                   Matchar, S Kulasingam, B Huntington, M
                                             tool for differentially diagnosing                      2004, 5 and CMS 2013, 11). In both                    Patwardhan, L Mann. Technology Assessment:
                                                                                                     coverage analysis, we focused on                      Positron emission tomography, single photon
                                             patients who exhibit symptoms                                                                                 emission computed tomography, computed
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                                                                                                     whether the PET scans can accurately                  tomography, functional magnetic resonance
                                                3 In this document, page numbers for the decision    and reliably identify dementias,                      imaging, and magnetic resonance spectroscopy for
                                             memorandum citations are based off of the page          including AD, and whether use of the                  the diagnosis and management of Alzheimer’s
                                             number at the bottom of the page on the PDF             scans to guide management and                         disease. Duke Center for Clinical Health Policy
                                             version which is available for download from web                                                              Research and Evidence Practice Center. December
                                             page provided in the previous footnotes for this
                                                                                                     treatment improves meaningful health                  2001. https://www.cms.gov/Medicare/Coverage/
                                             document. Click on the ‘‘Need a PDF?’’ icon on the      outcomes (CMS 2004, 14 and CMS 2013,                  DeterminationProcess/downloads/id9TA.pdf
                                             right side of the screen to obtain a PDF.               14). We focused on these because                      (accessed August 9, 2017). (CMS 2004, 43 and 46)



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                                             15574                        Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices

                                             patient management and caregiver                        1998, Price 1999, Knopman 2003, Rowe                  of positively diagnosing patients with
                                             counseling’’ (CMS 2004, 35).                            2010)’’ (CMS 2013, 10).                               Alzheimer’s when they do not have it.
                                                In contrast to the evidence supporting                  The reliability of test is a necessary             Conversely, for a patient faced with the
                                             use of FDG PET, there were                              component for determining health                      possibility of having Alzheimer’s, a
                                             uncertainties regarding the use of                      outcomes or clinical utility. The                     negative amyloid PET result could be
                                             amyloid PET. The presence or absence                    foundation of clinical utility for                    reassuring (CMS 2013, 52–53). However,
                                             of amyloid in the brain has been                        functional PET scans, like FDG PET, is                such reassurance would not change
                                             considered in diagnosis of AD, but it is                better established than anatomic PET                  clinical management because the patient
                                             not diagnostic because some normal                      scans, like amyloid PET. While direct,                may still have AD. If a clinician did not
                                             individuals also have amyloid plaques                   high quality evidence on clinical utility             have ‘‘a convincing clinical picture [of
                                             (CMS 2013, 10). Amyloid tracers bind to                 of FDG PET for dementia was not found                 AD], work up to exclude other
                                             and statically mark amyloid plaque                      in published literature at the time of the            diagnosable and potentially treatable
                                             providing an anatomic or structural                     2004 decision, there were related                     diseases should proceed anyway (as it
                                             assessment (location and concentration)                 studies that showed clinical utility of               would if an amyloid scan were
                                             but do not provide information on cell                  FDG PET for other treatable causes of                 negative). The unavailability of an
                                             activity or brain function. This is an                  cognitive impairment or dementia such                 amyloid scan does not change that
                                             inherent limitation of anatomic                         as cerebrovascular disease, certain                   logic’’ (CMS 2013, 52).
                                             assessments compared to functional                      inherited diseases, and metabolic                        At the same time, the amyloid PET
                                             assessments because the hallmark of                     conditions that could possibly be                     scan portends great risk because there is
                                             dementia is an abnormal decline in                      diagnosed with FDG PET, and then                      no evidence for what a positive scan
                                             cognitive function (CMS 2013, 7). Thus,                 treated with proven therapies to                      means in specific patients since they
                                             the premise that the test accurately and                improve health outcomes (CMS 2004,                    can have amyloid plaques but not have
                                             reliably identifies the disorder is                     32, 37). At the time of the amyloid PET               AD. At the Medicare Evidence
                                             reduced in amyloid imaging compared                     NCD, there was no published evidence                  Development & Coverage Advisory
                                             to functional imaging, such as FDG, due                 of clinical utility similar to what was               Committee (MEDCAC) meeting held
                                             to the different mechanisms of action.                  reviewed for FDG PET, and there were                  specifically on amyloid PET on January
                                             Additionally, the ability of amyloid PET                no related studies suggesting that                    30, 2013, one expert speaker mentioned
                                             scans to diagnose AD is inherently                      amyloid PET would be helpful in the                   that he believed that a patient with mild
                                             reduced by the pathophysiologic                         differential diagnosis of AD and FTD                  cognitive impairment (MCI) and a
                                             characteristics of AD since the presence                (CMS 2013, 14). Further, because                      positive amyloid PET scan had
                                             extracellular amyloid b is only one of                  amyloid PET does not specifically                     Alzheimer’s disease and that many
                                             two specific findings required for the                  diagnose other conditions, the clinical               other experts agreed with him
                                             diagnosis of AD. The second key factor                  utility or improved health outcomes                   (MEDCAC 2013, 31, 53).6 However, no
                                             is the presence of intracellular                        associated with other diseases is not                 published clinical trials, studies,
                                             neurofibrillary tangles (NFTs) consisting               applicable.                                           consensus publications, or further
                                             of abnormal tau proteins. Amyloid                          Since the mid-2000s, a number of                   MEDCAC discussions identified
                                             tracers do not show the presence of                     clinical trials of different therapies that           whether, for amyloid PET, ‘‘objectively-
                                             NFTs or abnormal tau proteins, which                    target amyloid have failed to produce                 defined subpopulations of patients with
                                             are not detected by any commercially                    results of improvement in health                      cognitive impairment for which the scan
                                             available radionuclide tracer (CMS                      outcomes (CMS 2013, 61).5 FDG PET                     (alone or combined with other tests)
                                             2013, 10). In addition, findings based on               did not have the same negative trials at              may be more or less appropriate. Yet
                                             postmortem investigation and studies                    the time of our 2004 decision.                        there are many subtypes of MCI, and
                                             (pathophysiologic alternations in brain                                                                       some (e.g., amnestic MCI) may be more
                                                                                                     E. Determining the Predictive Value of                relevant than others. Furthermore, there
                                             biopsies) may not directly translate to                 Amyloid PET Compared to FDG PET
                                             factors that may be used to make a                                                                            is evidence that the same level of
                                             clinical diagnosis of patients with                       We did not have the same concerns                   amyloid burden detected by a scan may
                                             dementia.                                               regarding false positives using FDG PET               mean something very different in say, a
                                                                                                     to differentially diagnose AD as we did               66 year-old compared to an 86 year-old
                                                The FDG PET NCD acknowledged that
                                                                                                     with amyloid PET. The predictive value                (e.g., Le Couteur 2013, Laforce 2011).
                                             AD-type physiology may be present in
                                                                                                     of the amyloid PET scan cannot be                     Yet the [Amyloid Imaging Task Force]
                                             normal individuals with normal
                                                                                                     based solely on its capability to ‘‘rule              AIT is silent about such potentially
                                             cognitive function; therefore, a positive
                                                                                                     out’’ AD, because there is also the risk              important distinctions’’ (CMS 2013, 33).
                                             amyloid PET scan does not necessarily
                                                                                                                                                           (The AIT was a consensus panel that
                                             mean the individual has AD (CMS 2004,                     5 See also Peterson RC. Early Diagnosis of          developed recommendations for use of
                                             5). As subsequently noted in the                        Alzheimer’s Disease: Is MCI Too Late? Current         amyloid PET.)
                                             amyloid PET decision memo nine years                    Alzheimer Research. 2009; 6(4):329; Petersen RC,         We concluded in the amyloid PET
                                             later, ‘‘[A]myloid plaques are seen in                  Smith G, Waring S, et al. Mild cognitive
                                                                                                     impairment: clinical characterization and outcome.    NCD that ‘‘widespread clinical use of
                                             other diseases, such as dementia with
                                                                                                     Archives of Neurology. 1999;56:303–8; National        the scan both in many types of patients
                                             Lewy bodies, cerebral amyloid                           Institute on Aging (NIA) and the Reagan Institute.    with unexplained MCI, and to make a
                                             angiopathy, Parkinson’s disease,                        Consensus recommendations for the postmortem          positive diagnosis of Alzheimer’s
                                             Huntington’s disease, and inclusion                     diagnosis of Alzheimer’s disease. The National
                                                                                                     Institute on Aging, and Reagan Institute Working      disease (despite insufficient evidence on
                                             body myositis. Amyloid plaques can
                                                                                                     Group on Diagnostic Criteria for the
amozie on DSK30RV082PROD with NOTICES




                                             also be detected in cognitively normal                  Neuropathological Assessment of Alzheimer’s             6 Medicare Evidence Development & Coverage
                                             older adults. Autopsy studies                           Disease. Neurobiology of Aging. 1997 Jul-Aug;18(4     Advisory Committee (MEDCAC), Meeting: Beta
                                             demonstrate that approximately 33% of                   Suppl):S1–2; and Technology Evaluation Center         Amyloid Positron Emission Tomography (PET) in
                                             older individuals (20–65% depending                     (TEC), Blue Cross Blue Shield. Beta Amyloid           Dementia and Neurodegenerative Disease, Meeting
                                                                                                     Imaging with Positron Emission Tomography (PET)       Transcript; 2013 January 30. Available from:
                                             on age) who are cognitively normal have                 for Evaluation of Suspected Alzheimer’s Disease or    https://www.cms.gov/Regulations-and-Guidance/
                                             amyloid accumulation at levels                          Other Causes of Cognitive Decline. 2013               Guidance/FACA/downloads/id66d.pdf (accessed on
                                             consistent with AD pathology (Hulette                   February;27(5).                                       June 22, 2017). (CMS 2013, 79, 80, and 82)



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                                                                          Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices                                          15575

                                             the clinical meaning of a positive scan)                function. As noted earlier, the presence              evidence-based approach to coverage
                                             has great potential to lead to over-                    of amyloid (positive test) by itself does             determinations does not rely on
                                             diagnosis of Alzheimer’s disease. Such                  not diagnose AD since the diagnosis of                consensus alone. As explained in the
                                             misdiagnosis of Alzheimer’s disease                     AD is based on the presence of both                   2013 NCD, ‘‘two credible expert
                                             portends real harm to our beneficiaries                 amyloid and tau proteins on autopsy. A                panels—the AIT and the MEDCAC—
                                             (La Couteur 2013), and this must be                     positive amyloid PET does not allow a                 produced differing consensuses. That’s
                                             considered in our coverage decision’’                   differential diagnosis between FTD                    why, in the well-established process of
                                             (CMS 2013, 33).                                         versus AD versus an individual with                   scientific evaluation, evidence must be
                                                ‘‘False positive’’ test results, widely              normal cognitive function since amyloid               evaluated to determine the strength of
                                             considered by radiologists as the bane of               is a structural component and does not
                                                                                                                                                           the consensus opinion’’ (CMS 2013, 33).
                                             diagnostic imaging, are of special                      indicate function.
                                             concern for amyloid PET. The following                                                                        At the time the amyloid PET NCD was
                                             are scenarios that contrast the impacts                 F. Expert Consensus in Making                         finalized, there was no evidence to
                                             of negative, positive, and false positive               Evidence-based NCDs                                   support or refute the consensus
                                             test results. For example, if a patient                    Two expert panels, in 2002, the                    opinions. CED for amyloid PET
                                             were to get a computed tomography                       Medicare Coverage Advisory Committee                  supported the needed development of
                                             (CT) study of the chest, abdomen, and                   (MCAC) 7 Diagnostic Imaging Panel,8                   evidence for future evaluation.
                                             pelvis to ‘‘rule out’’ cancer, and if the               and, in 2004, the National Institute on               Therefore, based on the evidence
                                             CT study were negative, that indeed                     Aging (NIA) agreed on a narrow                        reviewed as described above and the
                                             would be reassuring to the patient.                     conditioned clinical use for the FDG                  conclusions of the expert panels, we
                                             However, if the study were positive for                 PET scan (MCAC–DIP 2002, 122, 196–                    came to differing conclusions because
                                             an enlarged lymph node, liver lesion, or                197 and CMS 2004, 35). The expert                     the evidence for FDG PET for a narrowly
                                             some questionable pulmonary nodule,                     panel convened by NIA believed the                    defined patient population was better
                                             these findings could be followed up by                  existing evidence warranted use of                    established than for amyloid PET.
                                             biopsy, surgical resection, or assessing                FDG–PET for a limited number of cases
                                             for progression of disease on a close                   including differential diagnosis of AD                G. Summary
                                             follow-up CT. In contrast, a completely                 and FTD (NIA 2004, 32, 35, 45, 48, and
                                                                                                     51–52). For these reasons, in 2004 we                    As required by the court order that
                                             different clinical scenario follows
                                             amyloid PET. Those options to further                   had confidence in the plausibility of                 accompanied the Kort opinion, this
                                             explore findings common for other                       downstream health outcomes for a                      document further explains why we
                                             ‘‘positive’’ diagnostic tests do not exist.             narrow indication for FDG PET for                     reached different conclusions with
                                             Providers cannot do a biopsy, resection,                differential diagnosis of AD and FTD.                 respect to section 1862(a)(1)(A) of the
                                             or close follow up of amyloid imaging                      In contrast to the uniform consensus               Act in the NCDs for FDG PET and
                                             after a positive amyloid scan.                          for FDG PET, in 2013, two expert                      amyloid PET. Both decisions were based
                                                Concern about false positive test                    panels, the AIT 9 and MEDCAC,10                       on the available evidence according to
                                             results was not a major factor in the                   manifestly disagreed about the clinical               our analytic framework described
                                             2004 decision memorandum on FDG                         use of the amyloid PET scan (CMS 2013,                herein. Based on that evidence, we
                                             PET. Based off of an external technical                 33 and MEDCAC 2013, 55). While the                    created narrow coverage for a small
                                             assessment that helped inform the 2004                  AIT noted amyloid imaging may be                      patient population with extensive
                                             decision memorandum, we concluded                       appropriate in progressive unexplained                patient eligibility criteria and provider
                                             that ‘‘FDG–PET testing would reduce                     or unclear clinical presentations                     requirements for FDG PET. For amyloid
                                             the number of false positive results’’                  (Johnson 2013, e6), the MEDCAC did                    PET, the totality of the evidence
                                             (CMS 2004, 16). FDG PET has the ability                 not find sufficient evidence for CMS to               available was not sufficient to
                                             to diagnose patients with disease                       support outright coverage of amyloid                  demonstrate that the test produced
                                             (dementias, not only Alzheimer’s) since                 PET (MEDCAC 2013, 248, 250). This                     diagnostic value as a tool for
                                             it is a functional test and measures                    different degree of consensus between                 differentially diagnosing patients who
                                             glucose metabolism (activity) as noted                  2004 and 2013 was a contributing factor               exhibit symptoms associated with AD or
                                             earlier. Based on the patterns of uptake                in our decisions. However, our
                                             (cellular function indicating activity), a                                                                    FTD. Therefore, we established coverage
                                             differential diagnosis between FTD                        7 The MCAC was the predecessor to the
                                                                                                                                                           for amyloid PET in the context of a
                                             (characteristic hypometabolism in the                   MEDCAC.                                               clinical study setting with patient and
                                             frontal lobe of the brain) versus AD                      8 MEDCAC, Meeting: Positron Emission                provider eligibility criteria under the
                                             (characteristic hypometabolism in                       Tomography (FDG) for Alzheimer’s Disease/             authority of section 1862(a)(1)(E) of the
                                                                                                     Dementia (Diagnostic Imaging Panel), Meeting
                                             temporal and parietal lobes of the brain)               Transcript; 2002 January 10. https://www.cms.gov/
                                                                                                                                                           Act.
                                             versus normal patterns (no                              Regulations-and-Guidance/Guidance/FACA/
                                                                                                                                                           III. Collection of Information
                                             hypometabolism) may be made. In our                     downloads/id2a.pdf (accessed June 22, 2017).
                                                                                                       9 Johnson et al., Appropriate use criteria for      Requirements
                                             FDG PET decision, we noted, ‘‘Patients
                                                                                                     amyloid PET: A report of the Amyloid Imaging Task
                                             with FTD generally tend to show                         Force, the Society of Nuclear Medicine and              This document does not impose
                                             bifrontal and bitemporal hypoperfusion                  Molecular Imaging, and the Alzheimer’s                information collection requirements,
                                             in single photon emission computerized                  Association, Alzheimer’s and Dementia; 2013           that is, reporting, recordkeeping or
                                             tomography (SPECT) or glucose                           January. http://www.alz.org/research/downloads/
                                                                                                     appropriate_use_criteria_for_amyloid_PET_Alz_         third-party disclosure requirements.
                                             hypometabolism in FDG PET scans. In                     and_Dem_January_2013.pdf (accessed June 22,           Consequently, there is no need for
amozie on DSK30RV082PROD with NOTICES




                                             contrast, temporoparietal defects are                   2017).                                                review by the Office of Management and
                                             predominant in AD’’ (CMS 2004, 7).                        10 MEDCAC, Meeting: Beta Amyloid Positron

                                                In contrast, the false positive results              Emission Tomography (PET) in Dementia and
                                                                                                                                                           Budget under the authority of the
                                             were a greater concern with amyloid                     Neurodegenerative Disease; 2013 January 30.           Paperwork Reduction Act of 1995 (44
                                             PET (CMS 2013, 48–50), since amyloid                    https://www.cms.gov/medicare-coverage-database/       U.S.C. 3501 et seq.).
                                                                                                     details/medcac-meeting-details.aspx?MEDCACId=
                                             plaques may be present in many                          66&year=2013&bc=AAAIAAAAAAAAAA%
                                             individuals with normal cognitive                       3d%3d& (accessed June 22, 2017).



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                                             15576                        Federal Register / Vol. 83, No. 70 / Wednesday, April 11, 2018 / Notices

                                               Dated: March 16, 2018.                    discharging responsibilities as they                              DEPARTMENT OF HEALTH AND
                                             Seema Verma,                                relate to helping to ensure safe and                              HUMAN SERVICES
                                             Administrator, Centers for Medicare &       effective drugs for human use and, as
                                             Medicaid Services.                          required, any other product for which                             Food and Drug Administration
                                               Dated: April 5, 2018.                     FDA has regulatory responsibility.                                [Docket No. FDA–2018–N–0981]
                                             Alex M. Azar II,                               The Committee reviews and evaluates
                                             Secretary, Department of Health and Human   data on the safety and effectiveness of                           Preparation for International
                                             Services.                                   marketed and investigational human                                Cooperation on Cosmetics Regulation
                                             [FR Doc. 2018–07410 Filed 4–10–18; 8:45 am]                                                                   Twelfth Annual Meeting; Public
                                                                                         drug products for use in the practice of
                                             BILLING CODE 4120–01–P                                                                                        Meeting
                                                                                         osteoporosis and metabolic bone
                                                                                         disease, obstetrics, gynecology, urology,                         AGENCY:    Food and Drug Administration,
                                                                                         and related specialties, and makes                                HHS.
                                             DEPARTMENT OF HEALTH AND
                                                                                         appropriate recommendations to the                                ACTION:   Notice of public meeting.
                                             HUMAN SERVICES
                                                                                         Commissioner.
                                                                                                                                                           SUMMARY:   The Food and Drug
                                             Food and Drug Administration                   The Committee shall consist of a core                          Administration (FDA or we) is
                                             [Docket No. FDA–2017–N–4561]                of 11 voting members including the                                announcing the following public
                                                                                         Chair. Members and the Chair are                                  meeting entitled ‘‘International
                                             Advisory Committee; Bone,                   selected by the Commissioner or                                   Cooperation on Cosmetics Regulation
                                             Reproductive and Urologic Drugs             designee from among authorities                                   (ICCR)—Preparation for ICCR–12
                                             Advisory Committee, Renewal                 knowledgeable in the fields of                                    Meeting.’’ The purpose of the public
                                                                                         osteoporosis and metabolic bone                                   meeting is to invite public input on
                                             AGENCY: Food and Drug Administration,
                                             HHS.                                        disease, obstetrics, gynecology, urology,                         various topics pertaining to the
                                                                                         pediatrics, epidemiology, or statistics                           regulation of cosmetics. We may use
                                             ACTION: Notice; renewal of advisory
                                                                                         and related specialties. Members will be                          this input to help us prepare for the
                                             committee.
                                                                                         invited to serve for overlapping terms of                         ICCR–12 meeting that will be held July
                                             SUMMARY: The Food and Drug                  up to 4 years. Almost all non-Federal                             10 to 12, 2018, in Tokyo, Japan.
                                             Administration (FDA) is announcing the members of this committee serve as                                     DATES: The public meeting will be held
                                             renewal of the Bone, Reproductive and       Special Government Employees. The                                 on June 7, 2018, from 2 p.m. to 4 p.m.
                                             Urologic Drugs Advisory Committee by        core of voting members may include one                            See the SUPPLEMENTARY INFORMATION
                                             the Commissioner of Food and Drugs          technically qualified member, selected                            section for registration date and
                                             (the Commissioner). The Commissioner by the Commissioner or designee, who                                     information.
                                             has determined that it is in the public     is identified with consumer interests                             ADDRESSES:   The public meeting will be
                                             interest to renew the Bone,                 and is recommended by either a                                    held at the Food and Drug
                                             Reproductive and Urologic Drugs             consortium of consumer-oriented                                   Administration, Center for Food Safety
                                             Advisory Committee for an additional 2 organizations or other interested                                      and Applied Nutrition, 5001 Campus
                                             years beyond the charter expiration         persons. In addition to the voting                                Dr., Wiley Auditorium (first floor),
                                             date. The new charter will be in effect     members, the Committee may include                                College Park, MD 20740.
                                             until March 23, 2020.                       one non-voting member who is                                      FOR FURTHER INFORMATION CONTACT:
                                             DATES: Authority for the Bone,              identified with industry interests.                               Jonathan Hicks, Office of Cosmetics and
                                             Reproductive and Urologic Drugs                Further information regarding the                              Colors, Food and Drug Administration,
                                             Advisory Committee will expire on                                                                             5001 Campus Dr. (HFS–125), College
                                                                                         most recent charter and other
                                             March 23, 2020, unless the                                                                                    Park, MD 20740, jonathan.hicks@
                                                                                         information can be found at https://
                                             Commissioner formally determines that                                                                         fda.hhs.gov, 240–402–1375.
                                                                                         www.fda.gov/AdvisoryCommittees/
                                             renewal is in the public interest.
                                                                                         CommitteesMeetingMaterials/Drugs/                                 SUPPLEMENTARY INFORMATION:
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                         ReproductiveHealthDrugs                                           I. Background
                                             Kalyani Bhatt, Division of Advisory
                                                                                         AdvisoryCommittee/ucm107572.htm or
                                             Committee and Consultant                                                                                         The intention of the ICCR multilateral
                                                                                         by contacting the Designated Federal
                                             Management, Center for Drug                                                                                   framework is to pave the way for the
                                                                                         Officer (see FOR FURTHER INFORMATION
                                             Evaluation and Research, Food and                                                                             removal of regulatory obstacles to
                                                                                         CONTACT). In light of the fact that no
                                             Drug Administration, 10903 New                                                                                international trade while maintaining
                                             Hampshire Ave., Bldg. 31, Rm. 2417,         change has been made to the committee
                                                                                         name or description of duties, no                                 global consumer protection. The
                                             Silver Spring, MD 20993–0002, 301–                                                                            purpose of the meeting is to invite
                                             796–9001, email: BRUDAC@fda.hhs.gov. amendment will be made to 21 CFR                                         public input on various topics
                                                                                         14.100.
                                             SUPPLEMENTARY INFORMATION: Pursuant                                                                           pertaining to the regulation of
                                             to 41 CFR 102–3.65 and approval by the         This document is issued under the                              cosmetics. We may use this input to
                                             Department of Health and Human              Federal Advisory Committee Act (5                                 help us prepare for the ICCR–12 meeting
                                             Services pursuant to 45 CFR part 11 and U.S.C. app.). For general information                                 that will be held July 10 to 12, 2018, in
                                             by the General Services Administration, related to FDA advisory committees,                                   Tokyo, Japan.
                                             FDA is announcing the renewal of the        please check https://www.fda.gov/                                    ICCR is a voluntary international
amozie on DSK30RV082PROD with NOTICES




                                             Bone, Reproductive and Urologic Drugs AdvisoryCommittees/default.htm.                                         group of cosmetics regulatory
                                             Advisory Committee (the Committee).            Dated: April 5, 2018.                                          authorities from Brazil, Canada, the
                                             The Committee is a discretionary                                                                              European Union, Japan, and the United
                                                                                         Leslie Kux,
                                             Federal advisory committee established                                                                        States of America. These regulatory
                                             to provide advice to the Commissioner.      Associate Commissioner for Policy.                                authority members will engage in
                                                The Committee advises the                [FR Doc. 2018–07437 Filed 4–10–18; 8:45 am]                       constructive dialogue with their
                                             Commissioner or designee in                 BILLING CODE 4164–01–P                                            relevant cosmetics industry trade


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Document Created: 2018-04-10 23:59:05
Document Modified: 2018-04-10 23:59:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactLinda Gousis, (410) 786-8616.
FR Citation83 FR 15572 

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