By Dianne J. Bourque, Deborah A. Daccord, and Karen S. Lovitch
The House and Senate health care reform proposals create federal comparative effectiveness research centers to conduct, support, and disseminate findings from comparative effectiveness research. The Senate bill creates an independent, nonprofit corporation, to be known as the “Patient‑Centered Outcomes Research Institute,” to identify priorities for and to conduct comparative outcomes research. Similarly, the House bill creates a new center within the Agency for Healthcare Research and Quality, referred to as the “Center for Comparative Effectiveness Research.” This new center would be responsible for conducting, supporting, and synthesizing outcomes research to assess the effectiveness and appropriateness of health care services and procedures. Although the goal of both proposals is to identify effective and efficient treatment options, they give rise to questions about exactly how comparative effectiveness research results will be used, and the extent to which they will influence coverage and reimbursement policies or otherwise impact patient care and potentially limit provider treatment choices.
Generally, comparative effectiveness research is evidence‑based research to evaluate and compare the health outcomes and clinical effectiveness of two or more medical treatments. “Medical treatments” subject to evaluation under the House and Senate bills include medical procedures, medical devices, diagnostic tools, drugs and biologicals, treatment protocols, and other strategies or items used in patient care. The results of comparative effectiveness research are to be publicly disseminated, with the intent of helping providers, patients, and others evaluate various treatments relative to other options. Despite the benign purpose stated in both bills, and the inclusion of provisions prohibiting influence on coverage decisions or the practice of medicine, there is still a great deal of debate over the impact of comparative effectiveness research results on health care policy.
In addition to these concerns, a federal comparative effectiveness research mandate raises issues for a variety of stakeholders in the health care industry:
Improving quality and efficiency in health care delivery is a key goal of the health care reform effort, but the role of comparative effectiveness research in this effort remains to be seen. Stakeholders should closely monitor how these provisions develop as the House and Senate move toward a final bill, and how they ultimately are implemented to see how concerns related to coverage and provider decision‑making are addressed.
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Alden J. Bianchi
Chair‚ Employee Benefits and
Executive Compensation
(617) 348-3057
AJBianchi@mintz.com
Karen S. Lovitch
Manager, Health Law Practice
(202) 434-7324
KSLovitch@mintz.com
Jeremy Rabinovitz
Senior Executive Vice President
of Government Relations‚
ML Strategies
(202) 434-7443
JRabinovitz@mlstrategies.com
Stephen M. Weiner
Chair, Health Law Practice
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SWeiner@mintz.com