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Latest & Greatest Continued from page 40 DOJ Approves the $69 Billion CVS Health–Aetna Merger The U.S. Department of Justice (DOJ) approved the merger of the pharmacy and health-care provider CVS Health with insurer Aetna, paving the way for the two companies to create one of the largest health companies in the U.S. The $69 billion merger’s approval is condi- tional on Aetna’s sale of its Medicare Part D prescription drug plan to the insurer WellCare Health Plans. This provision “would fully resolve the Department’s competition concerns,” according to a news release from the DOJ. This merger continues the trend of health- care company consolidations, which state regulators and advocates worry will make it difficult for smaller companies to compete. CVS and Aetna, which had revenues of $185 billion and $60 billion in 2017, respectively, said that the new company will provide an improved experience for customers. “Care will be coordinated among the health-care providers, caregiv- ers and their health-care teams, leveraging the connectivity CVS will provide,” said CVS Health CEO Larry J. Merlo. This merger continues the trend of health-care company consolidations, fol- lowing the DOJ’s approval of Cigna’s buy- out of Express Scripts, another pharmacy benefit manager, earlier this year. State regulators and advocates worry that these mergers, along with other large insurers’ acquisitions of pharmacy operations, will make it difficult for smaller competitors to compete in either industry. In a statement released by George Slover of advocacy group Consumers Union, the group reiterated its opposition 42 ASH Clinical News to the merger. “This type of consolidation in a market already dominated by a few, powerful players presents the very real possibility of reduced competition that harms consumer choice and quality.” Sources: Department of Justice news release, October 10, 2018; The New York Times, October 10, 2018. FDA Approves DNA-Based Blood Compatibility Test The FDA granted approval to ID CORE XT, a molecular-based assay that can be used to determine blood donor and patient compatibility. ID CORE XT is the second molecular assay approved for use in transfusion medicine, and the first to report genotypes as final results. Human blood is classified based on the antigens on the surface of red blood cells, including the ABO blood group antigens and non-ABO antigens, which are more likely to develop in patients who receive multiple blood transfusions. When these patients, such as those with sickle cell disease, receive blood transfusions with poorly matched non-ABO antigens, cell destruction and a transfusion reaction are likely to occur. Red blood cell antigens have tradition- ally been identified by testing antisera, a blood serum containing antibodies. However, when antisera is scarce or un- available, performing this type of testing is difficult, creating the need for alternative testing methods like DNA analysis. The agency’s decision was based on results of a study showing that the test performed comparably to antisera-based tests. “The approval of the ID CORE XT test can streamline blood compatibility testing and provides an additional alternative to testing blood with antisera,” said Peter Marks, MD, PhD, director of the FDA’s Center for Biologics Evaluation and Re- search. “We know that DNA testing holds great promise – to provide more informa- tive, accurate and cost-effective methods that can enhance patient care.” consumer-directed television ads to dis- close drugs’ list prices. HHS Secretary Alex Azar revealed the proposed rule in a speech before the National Academy of Medicine (NAM). Under the rule, companies’ television ads would have to disclose the price of a 30- day supply of any drug covered through Medicare and Medicaid if the cost was more than $35 per month. By making consumers more aware of the costs of medicines, HHS believes that manufactur- ers will be incentivized to lower prices, a major goal of the Trump administration. Members of the health-care com- munity remain skeptical that includ- ing prices would alter consumers’ and health-care providers’ prescribing habits. Responding to the announcement, the American Medical Association reiter- ated its opposition to direct-to-consumer advertising but noted that “as long as the practice is allowed, the ads should come with at least a small dose of transpar- ency.” (For more about the prevalence of direct-to-consumer drug advertising and its affect on drug prices, see our August 2018 article, “Ad Nauseam.”) The draft rule also encountered resist- ance from drug manufacturers, which argue that the requirement could mislead patients and deter them from seeking medical care, noting that the list price is rarely what a consumer pays for a drug. Hours before Mr. Azar unveiled his proposal, the trade group Pharmaceutical Research and Manufacturers of America announced that drug companies would voluntarily direct consumers to websites with pricing and other information. Mr. Azar, however, dismissed the group’s pro- posal as ineffective, suggesting that it was only an attempt to forestall government regulation. “Sometimes it takes government to make the first move, to disrupt a broken system, and to lay down new rules of the road,” Mr. Azar told the audience at NAM, adding that “placing information on a website is not the same as putting it right in an ad.” The rule is expected to be debated throughout the fall before it is formally adopted or rejected. Source: The Washington Post, October 15, 2018. Source: FDA news release, October 11, 2018. New Guidelines Call HHS Considering for “Seismic Shift” in Requiring Palliative-Care Pharmaceutical Ads to Delivery Include Prices In new guidelines published by the Na- To provide incentives for pharmaceuti- cal companies to lower drug prices, the U.S. Department of Health and Human Services (HHS) proposed requiring certain integrate palliative care into the routine services they provide to people living with cancer or other serious illnesses. The guidelines also include tools, resources, and practice examples to assist with their implementation. “Palliative care should be provided throughout the community wherever people living with serious illness receive care, including outpatient clinics, cancer centers, long-term care facilities, office practices, homeless shelters, dialysis units, and at home,” said Martha L. Twaddle, MD, co-chair of the guidelines panel. “To reach that goal, the guidelines promote consistent criteria and encour- age continuity of palliative care across settings.” The guidelines (“Clinical Practice Guidelines for Quality Palliative Care, Fourth Edition”) were developed by the National Consensus Project for Quality Palliative Care, a coalition of 16 national organizations with extensive expertise with palliative care and hospice. New recommendations appearing in this edition include: • providing each person living with serious illness a comprehensive assess- ment to determine his or her needs and priority goals • assessing the needs of families and caregivers for support and education • integrating palliative care principles and best practices in various settings • improving coordination of care, espe- cially as the person living with serious illness transitions from one place to another “We realize it may be overwhelming for providers to offer palliative care if they haven’t previously,” said Betty Ferrell, PhD, MA, co-chair of the guidelines panel. “That’s why the guidelines provide extensive real-world practice examples to illustrate what quality palliative care can and should look like in the community.” The guidelines have been endorsed by more than 80 national organiza- tions, including the American Heart Association/American Stroke Associa- tion, the American Board of Internal Medicine, and the American Cancer Society. Source: National Coalition for Hospice and Palliative Care press release, October 31, 2018 tional Coalition for Hospice and Palliative Care, the National Consensus Project for Quality Palliative Care urges all health- care providers and organizations to December 2018