83_FR_57077 83 FR 56857 - Nonmetastatic, Castration-Resistant Prostate Cancer: Considerations for Metastasis-Free Survival Endpoint in Clinical Trials; Draft Guidance for Industry; Availability

83 FR 56857 - Nonmetastatic, Castration-Resistant Prostate Cancer: Considerations for Metastasis-Free Survival Endpoint in Clinical Trials; Draft Guidance for Industry; Availability

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Food and Drug Administration

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56857-56859
FR Document2018-24763

The Food and Drug Administration (FDA or Agency) is announcing the availability of a draft guidance for industry entitled ``Nonmetastatic, Castration-Resistant Prostate Cancer: Considerations for Metastasis-Free Survival Endpoint in Clinical Trials.'' This draft guidance provides recommendations to sponsors regarding the use of metastasis-free survival (MFS) as an endpoint in clinical trials for nonmetastatic, castration-resistant prostate cancer (nmCRPC) development programs for drug or biological products regulated by the Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation and Research (CBER).

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56857-56859]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24763]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-D-3931]


Nonmetastatic, Castration-Resistant Prostate Cancer: 
Considerations for Metastasis-Free Survival Endpoint in Clinical 
Trials; Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

-----------------------------------------------------------------------

SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing 
the availability of a draft guidance for industry entitled 
``Nonmetastatic, Castration-Resistant Prostate Cancer: Considerations 
for Metastasis-Free Survival Endpoint in Clinical Trials.'' This draft 
guidance provides recommendations to sponsors regarding the use of 
metastasis-free survival (MFS) as an endpoint in clinical trials for 
nonmetastatic, castration-resistant prostate cancer (nmCRPC) 
development programs for drug or biological products regulated by the 
Center for Drug Evaluation and Research (CDER) and the Center for 
Biologics Evaluation and Research (CBER).

DATES: Submit either electronic or written comments on the draft 
guidance by January 14, 2019 to ensure that the Agency considers your 
comment on this draft guidance before it begins work on the final 
version of the guidance.

[[Page 56858]]


ADDRESSES: You may submit comments on any guidance at any time as 
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. Comments submitted 
electronically, including attachments, to https://www.regulations.gov 
will be posted to the docket unchanged. Because your comment will be 
made public, you are solely responsible for ensuring that your comment 
does not include any confidential information that you or a third party 
may not wish to be posted, such as medical information, your or anyone 
else's Social Security number, or confidential business information, 
such as a manufacturing process. Please note that if you include your 
name, contact information, or other information that identifies you in 
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential 
information that you do not wish to be made available to the public, 
submit the comment as a written/paper submission and in the manner 
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper 
submissions): Dockets Management Staff (HFA-305), Food and Drug 
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets 
Management Staff, FDA will post your comment, as well as any 
attachments, except for information submitted, marked and identified, 
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No. 
FDA-2018-D-3931 for ``Nonmetastatic, Castration-Resistant Prostate 
Cancer: Considerations for Metastasis-Free Survival Endpoint in 
Clinical Trials.'' Received comments will be placed in the docket and, 
except for those submitted as ``Confidential Submissions,'' publicly 
viewable at https://www.regulations.gov or at the Dockets Management 
Staff between 9 a.m. and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with 
confidential information that you do not wish to be made publicly 
available, submit your comments only as a written/paper submission. You 
should submit two copies total. One copy will include the information 
you claim to be confidential with a heading or cover note that states 
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will 
review this copy, including the claimed confidential information, in 
its consideration of comments. The second copy, which will have the 
claimed confidential information redacted/blacked out, will be 
available for public viewing and posted on https://www.regulations.gov. 
Submit both copies to the Dockets Management Staff. If you do not wish 
your name and contact information to be made publicly available, you 
can provide this information on the cover sheet and not in the body of 
your comments and you must identify this information as 
``confidential.'' Any information marked as ``confidential'' will not 
be disclosed except in accordance with 21 CFR 10.20 and other 
applicable disclosure law. For more information about FDA's posting of 
comments to public dockets, see 80 FR 56469, September 18, 2015, or 
access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or 
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in 
the heading of this document, into the ``Search'' box and follow the 
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, 
Rm. 1061, Rockville, MD 20852.
    You may submit comments on any guidance at any time (see 21 CFR 
10.115(g)(5)).
    Submit written requests for single copies of the draft guidance to 
the Division of Drug Information, Center for Drug Evaluation and 
Research, Food and Drug Administration, 10001 New Hampshire Ave., 
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or the 
Office of Communication, Outreach, and Development, Center for 
Biologics Evaluation and Research, Food and Drug Administration, 10903 
New Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. 
Send one self-addressed adhesive label to assist that office in 
processing your requests. See the SUPPLEMENTARY INFORMATION section for 
electronic access to the draft guidance document.

FOR FURTHER INFORMATION CONTACT: Julia Beaver, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Bldg. 22, Rm. 2100, Silver Spring, MD 20993-0002, 240-
402-0489; or Stephen Ripley, Center for Biologics Evaluation and 
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 
71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry 
entitled ``Nonmetastatic, Castration-Resistant Prostate Cancer: 
Considerations for Metastasis-Free Survival Endpoint in Clinical 
Trials.'' This draft guidance provides recommendations to sponsors 
regarding the use of MFS as an endpoint in clinical trials for nmCRPC 
development programs for drug or biological products regulated by CDER 
and CBER.
    This draft guidance is being issued consistent with FDA's good 
guidance practices regulation (21 CFR 10.115). The draft guidance, when 
finalized, will represent the current thinking of FDA on 
``Nonmetastatic, Castration-Resistant Prostate Cancer: Considerations 
for Metastasis-Free Survival Endpoint in Clinical Trials.'' It does not 
establish any rights for any person and is not binding on FDA or the 
public. You can use an alternative approach if it satisfies the 
requirements of the applicable statutes and regulations. This guidance 
is not subject to Executive Order 12866.

II. Paperwork Reduction Act of 1995

    This draft guidance refers to previously approved collections of 
information found in FDA regulations. These collections of information 
are subject to review by the Office of Management and Budget (OMB) 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The 
collection of information in 21 CFR part 312 has been approved under 
OMB control number 0910-0014. The collections of information in 21 CFR 
parts 50 and 56 (Protection of Human Subjects: Informed Consent; 
Institutional Review Boards) have been approved under OMB control 
number 0910-0755.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance 
at https://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm, https://www.fda.gov/BiologicsBloodVaccines/GuidanceComplianceRegulatoryInformation/default.htm, or https://www.regulations.gov.


[[Page 56859]]


    Dated: November 7, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-24763 Filed 11-13-18; 8:45 am]
 BILLING CODE 4164-01-P



                                     Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                                                            56857

     information are manufacturers of beers                                   information. Two comments were                                               beer for transparency to the consumer.
     that are subject to our labeling laws and                                received. One comment was unrelated                                          We are appreciative of these comments.
     regulations.                                                             to the Paperwork Reduction Act and is                                        At this time, we do not plan on
       In the Federal Register of June 29,                                    not addressed. The second comment                                            adjusting our current estimate.
     2018 (83 FR 30738), FDA published a                                      was in favor of the practical utility and                                      FDA estimates the burden of this
     60-day notice requesting public                                          necessity of labeling the ingredients of
     comment on the proposed collection of                                                                                                                 collection of information as follows:

                                                    TABLE 1—ESTIMATED ANNUAL THIRD-PARTY DISCLOSURE BURDEN 1
                                                                                                                Number of                                                     Average
                                                                                     Number of                  disclosures               Total annual                                                      Total
                       21 CFR section; activity                                                                                                                              burden per
                                                                                    respondents                     per                   disclosures                                                       hours
                                                                                                                                                                             disclosure
                                                                                                                respondent

     §§ 101.3 and 101.22; principal display and display                                                12                          2                        24      0.5 (30 minutes) ..........                     12
        panel.
     § 101.4; designation of ingredients ........................                                      12                          2                        24      1 ..................................            24
     § 101.5; name of manufacturer; packer; distributor                                                12                          2                        24      0.25 (15 minutes) ........                       6
     § 101.9; nutrition labeling .......................................                               12                          2                        24      4 ..................................            96
     § 101.7 (formerly 101.105); quantity of contents ...                                              12                          2                        24      0.5 (30 minutes) ..........                     12
     Section 403(w)(1) of the FD&C Act .......................                                         12                          2                        24      1 ..................................            24
     Review of Guidance Document: ‘‘Labeling of Cer-                                                   12                          1                        12      1 ..................................            12
        tain Beers Subject to the Labeling Jurisdiction
        of the Food and Drug Administration’’.

          Total ................................................................   ........................   ........................   ........................   .....................................           186
        1 There   are no capital costs or operating and maintenance costs associated with this collection of information.


        Based on a review of the information                                  manufacturers will spend 7.25 hours                                          DEPARTMENT OF HEALTH AND
     collection since our last request for                                    (0.5 hours + 1 hour + 0.25 hour + 4                                          HUMAN SERVICES
     OMB approval, we have made no                                            hours + 0.5 hour + 1 hour = 7.25 hours)
     adjustments to our burden estimate. Our                                  on each label to comply with our                                             Food and Drug Administration
     estimate of the number of respondents                                    labeling regulations and the                                                 [Docket No. FDA–2018–D–3931]
     is based on the number of regulatory                                     requirements of section 403(w)(1) of the
     submissions to TTB for beers that do not                                 FD&C Act, for a total of 174 hours (24                                       Nonmetastatic, Castration-Resistant
     meet the definition of a ‘‘malt beverage’’                               labels × 7.25 hours = 174 hours). In                                         Prostate Cancer: Considerations for
     under the FAA Act. Based on its records                                  addition, 12 respondents will each                                           Metastasis-Free Survival Endpoint in
     of submissions received from                                             spend 1 hour reading the guidance                                            Clinical Trials; Draft Guidance for
     manufacturers of such products, TTB                                      document, for a total of 12 hours. Thus,                                     Industry; Availability
     estimates the annual number of                                           we estimate the total hour burden of the
     respondents to be 12 and the annual                                                                                                                   AGENCY:        Food and Drug Administration,
                                                                              proposed collection of information to be                                     HHS.
     number of disclosures to be 24. Thus,
                                                                              186 hours (174 hours + 12 hours = 186                                        ACTION:      Notice of availability.
     we adopt TTB’s estimate of 12 annual
     respondents, and an annual number of                                     hours).
                                                                                                                                                           SUMMARY:    The Food and Drug
     disclosures per respondent of 2 in table                                   The guidance also refers to previously                                     Administration (FDA or Agency) is
     1.                                                                       approved collections of information                                          announcing the availability of a draft
        Our estimates of the average burden                                   found in our regulations. The                                                guidance for industry entitled
     per disclosure for each collection                                       collections of information in §§ 101.3,                                      ‘‘Nonmetastatic, Castration-Resistant
     provision are based on our experience                                    101.4, 101.5, 101.9, 101.22, and 101.105                                     Prostate Cancer: Considerations for
     with food labeling under the Agency’s                                    have been approved under OMB control                                         Metastasis-Free Survival Endpoint in
     jurisdiction. The estimated average                                      number 0910–0381. Allergen labeling of                                       Clinical Trials.’’ This draft guidance
     burden per disclosure for §§ 101.3,                                      these beers under section 403(w)(1) of                                       provides recommendations to sponsors
     101.4, 101.5, 101.9, 101.22, and 101.105                                 the FD&C Act, which was added by the                                         regarding the use of metastasis-free
     in table 1 are equal to, and based upon,                                 Food Allergen Labeling and Consumer                                          survival (MFS) as an endpoint in
     the estimated average burden per                                         Protection Act of 2004, has been                                             clinical trials for nonmetastatic,
     disclosure approved by OMB in OMB                                        approved under OMB control number                                            castration-resistant prostate cancer
     control number 0910–0381. We further                                     0910–0792.                                                                   (nmCRPC) development programs for
     estimate that the labeling burden of                                                                                                                  drug or biological products regulated by
                                                                                Dated: November 7, 2018.
     section 403(w)(1) of the FD&C Act,                                                                                                                    the Center for Drug Evaluation and
     which specifies requirements for the                                     Leslie Kux,                                                                  Research (CDER) and the Center for
     declaration of food allergens, will be 1                                 Associate Commissioner for Policy.                                           Biologics Evaluation and Research
     hour based upon the similarity of the                                    [FR Doc. 2018–24786 Filed 11–13–18; 8:45 am]                                 (CBER).
     requirements to that of § 101.4. Finally,                                BILLING CODE 4164–01–P                                                       DATES: Submit either electronic or
     FDA estimates that a respondent will                                                                                                                  written comments on the draft guidance
     spend 1 hour reading the guidance.                                                                                                                    by January 14, 2019 to ensure that the
        Thus, we estimate that 12 respondents                                                                                                              Agency considers your comment on this
     will each label 2 products annually, for                                                                                                              draft guidance before it begins work on
     a total of 24 labels. We estimate that the                                                                                                            the final version of the guidance.


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     56858                   Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     ADDRESSES: You may submit comments                      submission. You should submit two                     MD 20993–0002, 240–402–0489; or
     on any guidance at any time as follows:                 copies total. One copy will include the               Stephen Ripley, Center for Biologics
                                                             information you claim to be confidential              Evaluation and Research, Food and
     Electronic Submissions
                                                             with a heading or cover note that states              Drug Administration, 10903 New
       Submit electronic comments in the                     ‘‘THIS DOCUMENT CONTAINS                              Hampshire Ave., Bldg. 71, Rm. 7301,
     following way:                                          CONFIDENTIAL INFORMATION.’’ The                       Silver Spring, MD 20993–0002, 240–
       • Federal eRulemaking Portal:                         Agency will review this copy, including               402–7911.
     https://www.regulations.gov. Follow the                 the claimed confidential information, in
     instructions for submitting comments.                                                                         SUPPLEMENTARY INFORMATION:
                                                             its consideration of comments. The
     Comments submitted electronically,                      second copy, which will have the                      I. Background
     including attachments, to https://                      claimed confidential information
     www.regulations.gov will be posted to                   redacted/blacked out, will be available                  FDA is announcing the availability of
     the docket unchanged. Because your                      for public viewing and posted on                      a draft guidance for industry entitled
     comment will be made public, you are                    https://www.regulations.gov. Submit                   ‘‘Nonmetastatic, Castration-Resistant
     solely responsible for ensuring that your               both copies to the Dockets Management                 Prostate Cancer: Considerations for
     comment does not include any                            Staff. If you do not wish your name and               Metastasis-Free Survival Endpoint in
     confidential information that you or a                  contact information to be made publicly               Clinical Trials.’’ This draft guidance
     third party may not wish to be posted,                  available, you can provide this                       provides recommendations to sponsors
     such as medical information, your or                    information on the cover sheet and not                regarding the use of MFS as an endpoint
     anyone else’s Social Security number, or                in the body of your comments and you                  in clinical trials for nmCRPC
     confidential business information, such                 must identify this information as                     development programs for drug or
     as a manufacturing process. Please note                 ‘‘confidential.’’ Any information marked              biological products regulated by CDER
     that if you include your name, contact                  as ‘‘confidential’’ will not be disclosed             and CBER.
     information, or other information that                  except in accordance with 21 CFR 10.20
     identifies you in the body of your                                                                               This draft guidance is being issued
                                                             and other applicable disclosure law. For              consistent with FDA’s good guidance
     comments, that information will be                      more information about FDA’s posting
     posted on https://www.regulations.gov.                                                                        practices regulation (21 CFR 10.115).
                                                             of comments to public dockets, see 80                 The draft guidance, when finalized, will
       • If you want to submit a comment                     FR 56469, September 18, 2015, or access
     with confidential information that you                                                                        represent the current thinking of FDA
                                                             the information at: https://www.gpo.gov/              on ‘‘Nonmetastatic, Castration-Resistant
     do not wish to be made available to the                 fdsys/pkg/FR-2015-09-18/pdf/2015-
     public, submit the comment as a                                                                               Prostate Cancer: Considerations for
                                                             23389.pdf.                                            Metastasis-Free Survival Endpoint in
     written/paper submission and in the                        Docket: For access to the docket to
     manner detailed (see ‘‘Written/Paper                                                                          Clinical Trials.’’ It does not establish
                                                             read background documents or the                      any rights for any person and is not
     Submissions’’ and ‘‘Instructions’’).                    electronic and written/paper comments                 binding on FDA or the public. You can
     Written/Paper Submissions                               received, go to https://                              use an alternative approach if it satisfies
                                                             www.regulations.gov and insert the                    the requirements of the applicable
       Submit written/paper submissions as
                                                             docket number, found in brackets in the               statutes and regulations. This guidance
     follows:
       • Mail/Hand delivery/Courier (for                     heading of this document, into the
                                                                                                                   is not subject to Executive Order 12866.
     written/paper submissions): Dockets                     ‘‘Search’’ box and follow the prompts
     Management Staff (HFA–305), Food and                    and/or go to the Dockets Management                   II. Paperwork Reduction Act of 1995
     Drug Administration, 5630 Fishers                       Staff, 5630 Fishers Lane, Rm. 1061,
                                                             Rockville, MD 20852.                                    This draft guidance refers to
     Lane, Rm. 1061, Rockville, MD 20852.                                                                          previously approved collections of
       • For written/paper comments                             You may submit comments on any
                                                             guidance at any time (see 21 CFR                      information found in FDA regulations.
     submitted to the Dockets Management                                                                           These collections of information are
     Staff, FDA will post your comment, as                   10.115(g)(5)).
                                                                Submit written requests for single                 subject to review by the Office of
     well as any attachments, except for
                                                             copies of the draft guidance to the                   Management and Budget (OMB) under
     information submitted, marked and
                                                             Division of Drug Information, Center for              the Paperwork Reduction Act of 1995
     identified, as confidential, if submitted
                                                             Drug Evaluation and Research, Food                    (44 U.S.C. 3501–3520). The collection of
     as detailed in ‘‘Instructions.’’
       Instructions: All submissions received                and Drug Administration, 10001 New                    information in 21 CFR part 312 has been
     must include the Docket No. FDA–                        Hampshire Ave., Hillandale Building,                  approved under OMB control number
     2018–D–3931 for ‘‘Nonmetastatic,                        4th Floor, Silver Spring, MD 20993–                   0910–0014. The collections of
     Castration-Resistant Prostate Cancer:                   0002; or the Office of Communication,                 information in 21 CFR parts 50 and 56
     Considerations for Metastasis-Free                      Outreach, and Development, Center for                 (Protection of Human Subjects:
     Survival Endpoint in Clinical Trials.’’                 Biologics Evaluation and Research,                    Informed Consent; Institutional Review
     Received comments will be placed in                     Food and Drug Administration, 10903                   Boards) have been approved under OMB
     the docket and, except for those                        New Hampshire Ave., Bldg. 71, Rm.                     control number 0910–0755.
     submitted as ‘‘Confidential                             3128, Silver Spring, MD 20993–0002.
                                                                                                                   III. Electronic Access
     Submissions,’’ publicly viewable at                     Send one self-addressed adhesive label
     https://www.regulations.gov or at the                   to assist that office in processing your                Persons with access to the internet
     Dockets Management Staff between 9                      requests. See the SUPPLEMENTARY                       may obtain the draft guidance at https://
     a.m. and 4 p.m., Monday through                         INFORMATION section for electronic                    www.fda.gov/Drugs/Guidance
     Friday.                                                 access to the draft guidance document.                ComplianceRegulatoryInformation/
       • Confidential Submissions—To                         FOR FURTHER INFORMATION CONTACT: Julia                Guidances/default.htm, https://
     submit a comment with confidential                      Beaver, Center for Drug Evaluation and                www.fda.gov/BiologicsBloodVaccines/
     information that you do not wish to be                  Research, Food and Drug                               GuidanceComplianceRegulatory
     made publicly available, submit your                    Administration, 10903 New Hampshire                   Information/default.htm, or https://
     comments only as a written/paper                        Ave., Bldg. 22, Rm. 2100, Silver Spring,              www.regulations.gov.


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                              Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                           56859

       Dated: November 7, 2018.                              made by the Social Security                           and guidelines of general applicability
     Leslie Kux,                                             Administration (SSA).                                 not issued as regulations at least every
     Associate Commissioner for Policy.                         The Medicare claim, organization                   three months in the Federal Register.
     [FR Doc. 2018–24763 Filed 11–13–18; 8:45 am]            determination, coverage determination,
                                                             and at-risk determination appeals                     II. Format for the Quarterly Issuance
     BILLING CODE 4164–01–P
                                                             processes consist of four levels of                   Notices
                                                             administrative review, and a fifth level                 This quarterly notice provides the
     DEPARTMENT OF HEALTH AND                                of review with the Federal district                   specific updates to the OCPM that have
     HUMAN SERVICES                                          courts after administrative remedies                  occurred in the three-month period of
                                                             under HHS regulations have been                       July through September 2018. A
     [OMHA–1802–N]                                           exhausted. The first two levels of review             hyperlink to the available chapters on
                                                             are administered by the Centers for                   the OMHA website is provided below.
     Medicare Program; Administrative Law                    Medicare & Medicaid Services (CMS)                    The OMHA website contains the most
     Judge Hearing Program for Medicare                      and conducted by Medicare contractors                 current, up-to-date chapters and
     Claim and Entitlement Appeals;                          for claim appeals, by MAOs and an                     revisions to chapters, and will be
     Quarterly Listing of Program                            independent review entity for Part C                  available earlier than we publish our
     Issuances—July Through September                        organization determination appeals, or                quarterly notice. We believe the OMHA
     2018                                                    by PDPSs and an independent review                    website provides more timely access to
     AGENCY: Office of Medicare Hearings                     entity for Part D coverage determination              the current OCPM chapters for those
     and Appeals (OMHA), HHS.                                and at-risk determination appeals. The                involved in the Medicare claim;
     ACTION: Notice.                                         third level of review is administered by              organization, coverage, and at-risk
                                                             OMHA and conducted by                                 determination; and entitlement appeals
     SUMMARY:    This quarterly notice lists the             Administrative Law Judges and attorney                processes. We also believe the website
     OMHA Case Processing Manual (OCPM)                      adjudicators. The fourth level of review              offers the public a more convenient tool
     instructions that were published from                   is administered by the HHS                            for real time access to current OCPM
     July through September 2018. This                       Departmental Appeals Board (DAB) and                  provisions. In addition, OMHA has a
     manual standardizes the day-to-day                      conducted by the Medicare Appeals                     listserv to which the public can
     procedures for carrying out adjudicative                Council (Council). In addition, OMHA                  subscribe to receive notification of
     functions, in accordance with                           and the DAB administer the second and                 certain updates to the OMHA website,
     applicable statutes, regulations, and                   third levels of appeal, respectively, for             including when new or revised OCPM
     OMHA directives, and gives OMHA                         Medicare eligibility, entitlement, Part B             chapters are posted. If accessing the
     staff direction for processing appeals at               late enrollment penalty, and IRMAA                    OMHA website proves to be difficult,
     the OMHA level of adjudication.                         reconsiderations made by SSA; a fourth                the contact person listed above can
     FOR FURTHER INFORMATION CONTACT:                        level of review with the Federal district             provide the information.
     Jason Green, by telephone at (571) 777–                 courts is available after administrative
                                                             remedies within SSA and HHS have                      III. How To Use the Notice
     2723, or by email at jason.green@
     hhs.gov.                                                been exhausted.                                          This notice lists the OCPM chapters
                                                                Sections 1869, 1155, 1876(c)(5)(B),                and subjects published during the
     SUPPLEMENTARY INFORMATION:                              1852(g)(5), and 1860D–4(h) of the Act                 quarter covered by the notice so the
     I. Background                                           are implemented through the                           reader may determine whether any are
                                                             regulations at 42 CFR part 405 subparts               of particular interest. We expect this
        The Office of Medicare Hearings and                  I and J; part 417, subpart Q; part 422,               notice to be used in concert with future
     Appeals (OMHA), a staff division within                 subpart M; part 423, subparts M and U;                published notices. The OCPM can be
     the Office of the Secretary within the                  and part 478, subpart B. As noted above,              accessed at https://www.hhs.gov/about/
     U.S. Department of Health and Human                     OMHA administers the nationwide                       agencies/omha/the-appeals-process/
     Services (HHS), administers the                         Administrative Law Judge hearing                      case-processing-manual/index.html.
     nationwide Administrative Law Judge                     program in accordance with these
     hearing program for Medicare claim;                     statutes and applicable regulations. To               IV. OCPM Releases for July Through
     organization, coverage, and at-risk                     help ensure nationwide consistency in                 September 2018
     determination; and entitlement appeals                  that effort, OMHA established a manual,                 The OCPM is used by OMHA
     under sections 1869, 1155,                              the OCPM. Through the OCPM, the                       adjudicators and staff to administer the
     1876(c)(5)(B), 1852(g)(5), and 1860D–                   OMHA Chief Administrative Law Judge                   OMHA program. It offers day-to-day
     4(h) of the Social Security Act (the Act).              establishes the day-to-day procedures                 operating instructions, policies, and
     OMHA ensures that Medicare                              for carrying out adjudicative functions,              procedures based on statutes and
     beneficiaries and the providers and                     in accordance with applicable statutes,               regulations, and OMHA directives.
     suppliers that furnish items or services                regulations, and OMHA directives. The                   The following is a list and description
     to Medicare beneficiaries, as well as                   OCPM provides direction for processing                of OCPM provisions that were revised in
     Medicare Advantage organizations                        appeals at the OMHA level of                          the three-month period of July through
     (MAOs), Medicaid State agencies, and                    adjudication for Medicare Part A and B                September 2018. This information is
     applicable plans, have a fair and                       claims; Part C organization                           available on our website at https://
     impartial forum to address                              determinations; Part D coverage                       www.hhs.gov/about/agencies/omha/the-
     disagreements with Medicare coverage                    determinations and at-risk                            appeals-process/case-processing-
     and payment determinations made by                      determinations; and SSA eligibility and               manual/index.html.
     Medicare contractors, MAOs, or Part D                   entitlement, Part B late enrollment
     plan sponsors (PDPSs), and                              penalty, and IRMAA determinations.                    OCPM Chapter 5: Representatives
     determinations related to Medicare                         Section 1871(c) of the Act requires                  Chapter 5, Representatives. This
     eligibility and entitlement, Part B late                that the Secretary publish a list of all              chapter describes the role of
     enrollment penalty, and income-related                  Medicare manual instructions,                         representatives in the appeals process,
     monthly adjustment amounts (IRMAA)                      interpretive rules, statements of policy,             including the documentation required


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Document Created: 2018-11-14 03:32:18
Document Modified: 2018-11-14 03:32:18
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 of availability.
DatesSubmit either electronic or written comments on the draft guidance by January 14, 2019 to ensure that the Agency considers your comment on this draft guidance before it begins work on the final version of the guidance.
ContactJulia Beaver, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 22, Rm. 2100, Silver Spring, MD 20993-0002, 240- 402-0489; or Stephen Ripley, Center for Biologics Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 71, Rm. 7301, Silver Spring, MD 20993-0002, 240-402-7911.
FR Citation83 FR 56857 

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