Joint replacements are the #1 expenditure of Medicare. The process of approving these medical devices is flawed according to the Institute of Medicine. It is time for patients' voices to be heard as stakeholders and for public support for increased medical device industry accountability and heightened protections for patients. Post-market registry. Product warranty. Patient/consumer stakeholder equity. Rescind industry pre-emptions/entitlements. All clinical trials must report all data.
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Friday, April 25, 2014

Medical Device Manufacturers' Role in U.S. Broken Health Care System



FORBES   PHARMA & HEALTHCARE | 4/24/2014 @ 1:00PM |1,911 views
Robert Pearl, M.D.
Health care costs are dramatically higher in the U.S. than in the rest of the world. Yet our health care outcomes – from life expectancy to infant mortality – are average at best. There is little dispute over these facts.
The real debate comes when we ask why. While there isn’t one single answer, the rapidly rising cost of drugs and medical devices is a significant factor.
And the magnitude of this problem is likely to spike in the future if not properly addressed.
Pharmaceutical and medical device manufacturers have been criticized for their role in health care for over a decade. Little has changed. Americans pay significantly more for prescription drugs and medical devices than patients in the rest of the world.
The justifications for these extraordinarily high prices vary, but the industry is well aware that most patients have no choice but to pay whatever they charge.

Pricing Not Always Justified, Even For Better Products
Pharmaceutical pricing has long been a point of contention among manufacturers, patients and payers of health care (including insurers, employers and unions).
The U.S. drug patent system allows a drug discoverer to exclusively sell the new drug for an extended time period. Theoretically, this protection is designed to encourage new medical discoveries and enable a drug or device company to recoup its R&D investment.
Because the theory makes sense, drug manufacturers use it to defend their prices. Certainly, those higher prices could be justified for developing clinically superior products but, all too often, the added cost far exceeds the incremental benefit.
How does drug pricing work? It’s hard to say. Pharmaceutical pricing is opaque. Drug manufacturers aren’t asked to quantify their costs or compare them to projected sales and profits. Business school students learn that the price of a product isn’t determined by what’s reasonable but what the market will bear. A wide array of drug pricing examples would indicate that pharmaceutical and medical device companies hire a lot of business school graduates.

How One Drug Might Earn Its Maker A 2,500% ROI
Take sofosbuvir, a new drug used to treat Hepatitis C. It’s marketed as Sovaldi by Gilead Sciences.
As a more effective treatment of Hepatitis C than those available today, this drug will be a positive addition to the physician’s armamentarium. Its effectiveness at ridding the body of this virus justifies a higher price than the treatments available today.
But at $1000 a pill, its pricing is exorbitant, monopolistic, and disrespectful to the purchasers and patients who will bear the brunt of the massive cost.
It is estimated that total treatment costs will range from $84,000 to $200,000 per patient, depending on treatment length. That’s 10 to 20 times the cost of today’s approach. Is this a reasonable return for the company?
Drugs this expensive are typically produced for those with rare conditions. These “orphan drugs” should cost more per patient because of the limited treatment population. But Hepatitis C is a very common disease. It affects nearly 4 million Americans, according to the American Liver Foundation. So, this can’t be the reason.

High development costs are another oft-cited explanation for extremely high drug pricing. Typically, manufacturers don’t disclose exact R&D costs but Gilead is reported to have paid $11 billion for Pharmasset, the drug company that developed the medication that led to Sovaldi. From this purchase price, we can estimate the R&D costs of this drug.
At Sovaldi’s price-point, Gilead is estimated to recoup its total investment in less than 18 months with revenue estimates of $269 billion over the drug’s lifespan.
That would be a 2,500 percent return on investment.
Manufacturers of luxury cars or yachts can rightfully charge wherever they choose, but when patients in need have no alternative option, that’s just wrong. Interestingly, two other drugs with similar therapeutic responses will be available in the near future. It will be fascinating to see how they’re priced.
Compounding the high price of many medications is the reality that patients in others countries don’t pay nearly as much as those in the United States. The reason is that most governments across the globe regulate drug prices. To date, the U.S. Congress has prohibited the practice here.
The result is that drug sales in the U.S. subsidize a disproportionate share of a drug company’s research costs and contribute to much of the company’s margin, regardless of where in the world it is headquartered. If we want our businesses to be globally competitive, this needs to change.

Aggressive Advertising Gives Manufacturers An Edge
Clinically superior products may very well warrant incrementally higher prices. But what of the increasing prices for products that don’t add much value?
Let’s compare the laparoscope to the prostate robot. First, the laparoscope.
In the past, removing a patient’s gallbladder required a large abdominal incision. Then along came a new technologically enhanced laparoscopic removal with remarkably better results. Suddenly, rather than making an incision under the entire right rib cage and cutting through the abdominal muscles, surgeons could remove the gallbladder with two tiny punctures and a telescope-like device.
Before, the surgeon would have to leave large rubber drains in place for several days to reduce the risk of infection. Average recovery times took up to six weeks. In contrast, gallbladder removal today is a routine, minimally invasive outpatient procedure that most people recuperate from in a week.
Laparoscopic surgery was a miracle advancement. Hardly the same story as the prostate surgery robot.
Mention “robot” to most patients and they’ll assume it’s a space-age advancement with major clinical benefits. It sounds sexy and, intuitively, its approach to prostate surgery makes sense. After all, the robot has steady hands and requires a smaller incision.
The problem is the outcome data doesn’t support the hype or the cost. The results – in terms of both cancer eradication and surgical complications – are similar to traditional alternatives, according to most studies. And for most surgeons, the robot-assisted procedure takes longer.


The price tag for this device is over $1 million, but that’s just the beginning. The company behind the robot designed it with disposable “arms” and built in an obsolescence factor that forces the hospital to replace each arm after 10 uses. The motivation isn’t safety. It’s profit. The manufacturer could have built a robot that could complete 100 procedures. But that would reduce profits dramatically.
If the robots add little clinical value yet significantly increase costs, why do so many hospitals tout them? The answer: Aggressive advertising.
By simultaneously marketing to consumers and hospitals, these devices were strategically positioned to help hospitals lure patients from their competitors. And, of course, it worked. Big billboards helped early adopting hospitals attract patients with the promise of a new “high-tech wonder.” Once a few hospitals jumped on board, others had no choice but to follow.

Since the robot’s introduction, academic medical centers (university hospitals) train their surgical residents almost exclusively in its use. Gone or going are the more traditional methods. Unless patient expectations change or expanded competition is permitted, this will ensure that the manufacturer sees a large revenue stream for decades to come.
The result: This device will drive up health care costs significantly in the future, while clinical outcomes remain relatively unchanged.

Minimally Different Drugs Launched At Maximum Prices  
Even when a new product is essentially the same as an old one, manufacturers use their patent protections and market control to drive up revenues. A great example is an injectable drug for a medical problem called “wet macular degeneration.”
Manufactured by Genentech, Avastin is an FDA-approved drug for cancer treatment. It slows the growth of new blood vessels that feed a tumor.
A while back, a thoughtful group of ophthalmologists recognized that if this drug could limit blood-vessel proliferation to stop tumor growth, it might also be useful in slowing the overgrowth of blood vessels inside the back of the eye – the cause of wet macular degeneration.
These physicians tried injecting a very small dose of Avastin at about $60 per treatment with excellent clinical results.
But here’s where it gets interesting. Genentech recognized the same opportunity at about the same time. And instead of recommending Avastin as an effective treatment, Genentech created Lucentis, a new drug with a biologically active component identical to Avastin.
Once Genentech received FDA approval, it priced Lucentis at $2,300 a dose, never showing that it was superior to Avastin at $60 a treatment.
Ophthalmologists across the country were outraged. Adding insult to injury, Genentech tried to embargo sales of Avastin for non-oncology practices. Not surprisingly, when the National Eye Institute tested Lucentis against Avastin, it found essentially no difference for a drug priced 40 times higher.

Change Is Possible, Not Easy
There are legitimate reasons why some drugs and devices are very expensive. But it’s common for manufacturers to hike up prices even when the magnitude of improvement is minimal.
If we’re serious as a nation about making health care more affordable while increasing quality outcomes, we’ll need to rein in these practices.
We can begin by demanding that drug companies disclose the true cost of development as part of the FDA approval process. Regulatory agencies could then use that information to evaluate the appropriateness of the price.
The FDA could also require all new agents and devices to be tested against existing approaches so that pricing and incremental value can be measured. Finally, we can make all of this information available and transparent to patients, so they can make the best decisions for themselves.

Health Care Is Different From Retail, Needs To Be Treated As Such
Outside of health care, people can choose whether to pay inflated prices for a patent-protected technology or minimally better products. But patients don’t have that same choice – at least not without facing potentially serious health consequences.
No doubt, patent protection for drugs and devices needs to protect the company and the investments it has made. But their economic gain must be balanced against a certain level of social responsibility. Unfortunately, that balance doesn’t exist today and change will be hard to accomplish in this current political environment.
Elected officials receive large campaign contributions from “Big Pharma,” preventing legislative change. Hospitals hype new technologies to attract more patients, even when the benefit is marginal and cost is exceedingly high. And at the first sign of resistance, drug companies spend millions on direct-to-patient advertising while continuing to wine and dine doctors (even with the implementation of the Sunshine Act, which is designed to prevent these practices).

However, there may be a flicker of hope. Recent public disclosures of new Hepatitis C medication prices have sparked national debate. Congressional leaders are starting to question drug manufacturers’ pricing schemes. And maybe this time, greed has exceeded reason. Maybe there will be regulatory backlash. But patients and employers will need to demand it.
Americans should understand that these exorbitant health care costs are not free. They come out of their paychecks and reduce the amount of public services the government can provide.
Our health care system is broken and – given the drug pipeline aimed at maximizing prices and profits – the problems will get worse if change doesn’t happen soon.


This article is available online at:

Contributor


As a CEO, practicing physician and business school professor, I have a unique perspective on the business of health care and the culture of medicine. My passion is helping people understand the interactions and consequences of these powerful forces. I am the CEO of The Permanente Medical Group – the largest medical group in the nation – and CEO of the MidAtlantic Permanente Medical Group. In these roles, I am responsible for 9,000 physicians, 35,000 staff and the medical care of 4 million Americans living on both the west and east coasts. I am chair of the Council of Accountable Physician Practices (CAPP), a board-certified plastic and reconstructive surgeon, a clinical professor of surgery at Stanford University, and on the faculty of the Stanford Graduate School of Business where I teach courses on strategy, leadership, and health care technology. I received my M.D. from the Yale University School of Medicine and completed my residency in Plastic and Reconstructive Surgery at Stanford. Follow me on Twitter @RobertPearlMD.

Wednesday, April 23, 2014

Implanted Surgical Mesh Survivors Fight Back at J&J Annual Shareholders Meeting


4/23/2014 2:00:19 PM

 NEW BRUNSWICK, NJ – On Wednesday, 11am EST, survivors living with chronic injuries resulting from defective Johnson & Johnson (J&J) pelvic mesh implants will field questions from members of the press about their intentions to have their voices heard during J&J’s Annual Shareholders Meeting which will take place at 10am EST at the Hyatt Regency, New Brunswick (2 Albany St., NJ 08901).

WHO: Survivors & Family Members: Gay Courter, Robert Fish McClenny, Linda Wilcox, Estelle Tasz, Teresa Sawyer Advocates: Levana Layendecker (CAN), Jane Akre

WHAT: Press Conference call with survivors living with chronic injuries stemming from J&J pelvic mesh implants and their advocates.

WHEN: Wednesday, April 23, 2014 at 11 am EST

DIAL-IN INFO: 866-952-7535; *Conference ID: MESH

The survivors will file a grievance Wednesday morning with Senator Kay Hagen, Chairwoman to the Subcommittee on Children and Families, calling on the Subcommittee to investigate J&J’s recent destruction of documentary evidence related to multi-district litigation filed by over 20,000 women severely injured by the corporations pelvic mesh devices. The call for a senate investigation comes on the heels of an announcement made by the DOJ that they are reviewing a similar request and it will be paired with a call made by the survivors that J&J’s board of directors conduct an internal investigation in the interim.

During the press call the survivors, accompanied by members of The Corporate Action Network (CAN) will detail their 48-hour plan of action, which will include:

• A visually arresting light projection protest action targeting J&J (scheduled for 8pm 4/23 [Corner of Church St & Neilson St, New Brunswick NJ 08901]).

• Explosive video content released on johnsonandjohnsonhurtswomen.com

• A press conference outside J&J’s AGM (scheduled for 8am, 4/24 outside the Hyatt Regency [2 Albany St, New Brunswick, NJ 08901]).

• Mesh survivors plan to speak inside the J&J AGM itself (scheduled for 10am, 4/24 inside the Hyatt Regency [2 Albany St, New Brunswick, NJ 08901]).

About Gay Courter
Gay Courter, 69, of Crystal River, Florida is a bestselling writer and documentary filmmaker. She had mesh implanted during a hysterectomy, in case of aging problem, but not needed at the time. Her mesh eroded causing pain, severe infection, and urinary problems. She had a removal but continues to have ongoing issues.

About Robert Fish McClenny
Robert Fish of McClenny, Florida watched his mother in pain after implantation of the Bard mesh sling and the Johnson & Johnson Prolift. His mother Wilma Darlene Fish, 68, was referred to pain management but ended her own life in October 2011 before she could make it to the clinic to receive narcotics. He does not want her life and suffering to be in vain and promises to help fight the implantation of surgical mesh without the properly testing.

About Linda Wilcox
Linda Wilcox, 67, of Bluffton, South Carolina had a Prolift mesh kit implanted in February 2011. Prior to her implant she had a full live and was involved in real estate investment research and the arts. Today she lives in chronic pain which leaves her unable to concentrate. She stays home most of the time. Ms. Wilcox has endured two partial removals and has more surgery ahead though she’s been told the damage is permanent.

About Estelle Tasz
Estelle Tasz, 37, is the mother of four daughters. When was 29 following the birth of her youngest she was implanted with Johnson and Johnson Prolift mesh kit to treat prolapse. In the 9 years since then she’s had 12 surgeries including a major 13-hour surgery to remove the mesh which had eroded into 3 organs and migrated up into her abdominal wall. She is facing her next surgery in May 2014 to remove additional mesh and reconstruct her pelvic floor. She’s been diagnosed with a rare autoimmune disease since her mesh implant which is attacking her heart.

About Teresa Sawyer
Teresa Sawyer, 45, had a Johnson & Johnson TVT mesh implanted during surgery to remove a cyst. She did not know the risks associated with the use of mesh as she was told by her doctor it was the “Gold Standard” and “completely safe.” Within 30 days the mesh started eroding in her body and she decided she wanted the plastic device removed. That has not proven to be as easy and Teresa has undergone mesh explants surgeries and suffers from bladder infections and severe pain. Because of her experience, she and her husband David began TVT-NO! a nonprofit organization that raises funds to help other women with mesh find medical solutions as well as outreach and education. When they asked one of the nurses how they learned about mesh, she said the pharmaceutical company rep.

About Levana Layendecker
Levana Layendecker has been a political activist and professional organizer for over fifteen years. She started out working as a campus organizer and canvass director for the State PIRG’s (Public Interest Research Groups) after finishing her undergrad degree and went on to become the Web Communications Director for the American Friends Service Committee while obtaining a Master’s degree in Governmental Administration from the Fel’s Institute of Government at the University of Pennsylvania. After receiving her degree, Ms. Layendecker worked on the health care reform campaign in Washington D.C. as the Director of Online Campaigns for Health Care for America Now, a grassroots coalition mobilizing millions to win a guarantee of quality, affordable health care. She most recently served as the Senior Strategist for MoveOn.org’s coordinated campaigns helping to support progressive candidates for Congress across the country.

About Jane Akre
Jane Akre has been a journalist for nearly 30 years working as a broadcaster, anchor, and reporter at stations all around the country as well as CNN. She has won numerous awards including the Society of Professional Journalists Award for Ethics as well as the Goldman Prize, North America 2001 for environmental reporting. Ms Akre began the website Mesh Medical Device News Desk (Mesh News Desk) in 2011 to investigate the many stories she was hearing


Read at BioSpace.com


DEMAND AN INVESTIGATION
The Corporate Action Network is launching an unprecedented campaign to hold Johnson and Johnson and its top executives accountable for their pattern of reckless conduct that has seriously injured women across the United States who have been implanted with the corporation’s pelvic mesh products.
We need corporations like Johnson and Johnson to stop putting profits over the health and safety of women.
Read our letter to Senator Kay Hagan below and add your name to join our call to investigate!




The Honorable Kay Hagan
Chairwoman
Subcommittee on Children and Families
521 Dirksen Senate Office Building
Washington, DC  20510
Dear Senator Hagan,
On behalf of women survivors in North Carolina and across the country, we respectfully request a US Senate investigation by your subcommittee into actions by Johnson and Johnson and its top executives for their pattern of reckless conduct that has seriously injured women across the United States who have been implanted with the corporation’s pelvic mesh products.
Today there are 30,000 defective product lawsuits filed against J&J in the U.S. and a growing number worldwide, more than any of the five other major manufacturers. As many as 30 percent of women implanted are unable to work and function and are referred to pain management.  What the future holds for these women as the mesh continues to degrade inside their bodies is unknown as the company chose not to study the long-term effects. One recent plaintiff called her implant a “ticking time bomb.”
 
Last month we delivered a letter to the Department of Justice asking for a criminal investigation of Johnson and Johnson for destroying thousands of documents related to the development of pelvic mesh, a move that could undermine these women’s ability to receive justice.
 
The Department of Justice is currently reviewing our call to investigate, and we need your help.  Corporations like Johnson and Johnson must stop putting profits over the health and safety of women.
Johnson & Johnson need to be held accountable as part of a larger war on women that stretches from Congress to the corporate boardroom.  These women don’t need evasive responses and blaming survivors by Johnson and Johnson’s executives; they need help, now.
That Johnson and Johnson and its CEO Alex Gorsky continue to claim that the destruction of thousands of documents was “limited” is not only evasive – it is a slap in the face to the thousands of women injured by Johnson and Johnson who are seeking justice.
And this is just the tip of the iceberg.  The Wall Street Journal recently reported conflicts of interest with Johnson and Johnson and a physician who sought to change the language of the treatment guidelines on pelvic mesh.   The WSJ discovered that Johnson and Johnson had paid the physician $800,000 in exchange for his influence over the regulatory process.
 
Johnson and Johnson’s destruction of evidence may also be violating a Deferred Prosecution Agreement with the Department of Justice.
Such an investigation is urgent.  There are estimated to be hundreds of thousands of women who have been implanted – and continue to be implanted – with these dangerous products.
 
These women need your help to hold Johnson and Johnson and its top executives accountable.  Johnson and Johnson must stop putting profits over the health and safety of women
 
Sincerely,
Jane Akre

Spokeswoman

Johnson and Johnson Hurts Women






RAND study: medical device PREVENTABLE harm & perverse incentives



HEALING MEDICAL PRODUCT INNOVATION


No matter how it’s tallied—in total, per capita, or as a percentage of gross domestic product—U.S. spending on health care outstrips that of any other nation. Many experts identify costly new technology as the biggest driver of health care spending. Previous studies aimed at reining in spending on technology have focused on changing how existing medical technologies are used. But what about also encouraging the creation of technologies that could improve health and reduce spending, or that provide large-enough health benefits to warrant any extra spending? A recent RAND study focused on policies that could help change which medical products—drugs, devices, and health information technologies—get invented in the first place.
To spur inventors to create medical products that lower health care spending and promote health, policymakers need to address the perverse financial incentives that lead inventors and investors in the opposite direction. Currently, large profits are most often available from creating increasingly expensive products that boost spending, whether or not they also substantially improve health. In contrast, inventors face relatively weak incentives to create products that would help decrease spending.
The RAND research team developed ten high-priority policy options that could change the costs, rewards, and risks that inventors and investors face. We synthesized information from scientific, trade, and popular literature; conducted interviews with more than 50 national experts from a variety of fields; sought input from a panel of accomplished technical advisors; and developed illustrative case studies of eight medical products.
Illustrative Case Studies of Health Care Technology
         Avastin for Metastatic Breast Cancer
         A Cardiovascular Polypill
         Electronic Health Records
         Haemophilus influenzae Type b (Hib) Vaccine
         Implantable Cardioverter-Defibrillator
         Prostate-Specific Antigen
         Robotic Surgery
         Telemedicine
Who are the key players along the medical product innovation pathway?
In its simplest form, the innovation pathway for medical products has three stages—invention, regulatory approval, and adoption. Figure 1 shows key actors at each stage—the individuals and entities that make the most important decisions—as well as individuals and entities that seek to influence them. For example, inventors and investors obviously play key roles in the invention stage. The U.S. Food and Drug Administration (FDA) is the dominant player in the approval stage, and the physicians and hospitals deciding which technologies to use for which patients largely determine how quickly and broadly a product is adopted, thus determining a product’s success in the U.S. market.
Inventors and investors are strongly influenced by their expectations about the prospects and costs of gaining regulatory approval and the eventual adoption and use of their products. In turn, these expectations determine the anticipated costs, risks, and market rewards of pursuing their ideas for creating new medical products.
The decisions of key actors are influenced by others—for example, the National Institutes of Health (NIH), as the nation’s principal funder of basic biomedical research, provides fuel for invention by virtue of its investments in creating basic scientific knowledge. Manufacturers, patients, and payers all try to influence a product’s use for different reasons and with varying degrees of success.
Key actors
   Inventors
   Investors
   FDA
   Physicians
   Hospitals

Key Influences
   NIH
   ONC
   Manufacturers
   Politicians
   Manufacturers
   Patients
   Payers
Fig. 1 The Medical Product Innovation Pathway
NOTE: ONC=Office of the National Coordinator for Health Information Technology.
What drives the costs, risks, and rewards of medical product invention?
The decisions of inventors and investors are largely driven by two considerations. The first is a technical assessment of whether the new product can be successfully brought to market and, if so, how much money and time it will take. The probability of success is influenced by perceptions of risks: scientific risk (will the technology work?) and regulatory risk (will the FDA approve it for use?).
The second consideration is financial: Are the anticipated rewards of bringing the product to market big enough to justify the associated costs and risks at all three stages?
We identified five features of the U.S. health care environment that substantially affect the costs, risks, and rewards of medical product invention for inventors and investors. The five are set forth below; to amplify the descriptions, we include paraphrases of comments from our expert interviews. The policy options that we developed were designed to address these features.
Roadblocks to High-Value Medical Product Innovation
Lack of Basic Scientific Knowledge
From the Experts
Knowledge gaps increase the risk of failure, the likely costs, and the time required to bring to market products that could help decrease spending.
When making decisions about where to invest R&D resources, developers consider the state of the basic science.
Costs and Risks of FDA Approval
The FDA approval process takes time and money; until FDA approval is granted, inventors and investors may receive no returns from the U.S. market to help recoup their investments.
The biggest impediment to high-value innovation—one that pushed developers to go in safer directions—is the difficult regulatory pathway.
Inadequate Rewards for Medical Products That Decrease Spending
Innovators who develop products that could reduce spending often cannot expect adequate market rewards for their efforts. Reasons include the facts that insured consumers do not pay the full price once they have exceeded their deductibles; many patients assume that newer, more expensive products must be better; and providers making decisions to use—or not use—a particular product often reap larger financial rewards from using a costlier alternative.
The reason that developers are deterred or discouraged from creating high-value technology that lowers overall spending revolves around reimbursement… There’s no market incentive.
Treatment Creep
Medical technologies that provide substantial health benefits to particular kinds of patients are often used for other kinds of patients, including many for whom there are small, or no, health benefits.
Companies will sometimes focus on one population to get over regulatory hurdles and then shift the focus for longer-term marketing.
Medical Arms Race
Health care providers such as hospitals often compete for business by offering the latest high-tech equipment or service rather than by offering greater value through larger health benefits and/or lower prices.
Marketing robotic surgery to hospitals for use in prostate surgery was “genius,” but there was no evidence that using the robot improved health outcomes.
In short, the medical innovation system is broken.

Nader Moussa/Wikimedia Commons/CC-BY-SA-3.0/GFDL
About 80 percent of all radical prostatectomies in the United States today are performed with robotic assistance, but there is no good evidence that robotically assisted radical prostatectomies produce better outcomes or have fewer serious side effects than manual radical prostatectomies.

WavebreakMediaMicro/Fotolia
The FDA approved the use of Avastin for metastatic breast cancer patients, but later withdrew that approval. Nonetheless, by law, Medicare continues to pay for Avastin used for those patients because this use is listed in major drug compendia.

rustle_69/Fotolia
A major limitation of today’s electronic health records is the lack of interoperability between systems.

Eldin Muratovic/Fotolia
A cardiovascular polypill, a multidrug combination that reduces blood pressure and cholesterol, could offer substantial health benefits per dollar spent, but development is slowed because inventors cannot justify the cost required to seek regulatory approval.
How can we redirect invention of medical products?
Our analysis led us to ten high-priority policy options that could alter the financial incentives driving medical-product innovation. Some options would directly affect inventor and investor decisions by lowering invention or approval costs and risks. Other options would indirectly influence inventor and investor incentives by altering the expected market rewards of an invention. Figure 1 highlights the stage of the innovation pathway at which each option operates. Policy options are described briefly on the pages that follow.
These options, individually or in combination, could redirect inventive efforts toward products that would help reduce health care spending and/or ensure that new products will provide health benefits that warrant any spending increases.
Ten Policy Options for Healing Medical Product Innovation
.                 Enable More Creativity in Funding Basic Science
NIH’s method for selecting which research to fund typically favors low-risk projects; if investigators fail to achieve their project goals, prospects for future NIH funding are greatly reduced. A different model is used by the Howard Hughes Medical Institute. It funds scientists rather than projects, encourages risk-taking, and seems more willing than NIH is to continue funding promising scientists whose past risky endeavors did not pan out.
.                 Offer Prizes for Inventions

Substantial prizes could be awarded to the first individual or group that invents a drug or device that satisfies pre-specified criteria. Prizes could be offered by public entities such as the Centers for Medicare & Medicaid Services (CMS) or NIH, by private health care systems, by philanthropists or charitable foundations, or by public-private partnerships. An alternative to an immediate cash prize is to offer a percentage of future savings to the Medicare program attributed to the invention.
Buy Out Patents
Purchasing the patents of products that have already been invented could ensure that a product is commercialized at a lower price, increasing the immediate reward for inventing products that decrease spending. Public agencies, private philanthropists, or public-private partnerships might be purchasers. A purchaser could put the patent in the public domain, generating price competition, or license the technology selectively,
specifying the highest price that licensees could charge. The best approach might be to offer patent sellers a share of the savings to the Medicare program attributed to the invention.
Establish a Public-Interest Investment Fund


Private investors often find the likely market rewards for inventing products that reduce spending too low to be attractive. When this is the case, a public-interest investment fund could provide the required investment capital. A private-public partnership could tap the expertise of private-sector investors who are most capable of assessing the promise of technical concepts and inventors. They could be motivated to participate by being allowed to invest in projects supported by the fund, with their financial returns coming from a share of Medicare savings attributed to the inventions.
Expedite FDA Reviews and Approvals for Technologies That Decrease Spending

The FDA could offer expedited—but not watered-down—review and approval processes for medical products with clear potential to substantially reduce health care spending. Creating such mechanisms could lower inventors’ regulatory costs and speed entry to market.
Reform Medicare Payment Policies

Currently, CMS is not allowed to consider cost in determining payment rates—if it were, the agency could set Medicare rates to save money in the short run and improve inventors’ incentives over the long run. One widely discussed possibility is for Medicare to move more swiftly to adopt approaches—such as bundled and capitated payment arrangements—that put providers at financial risk for costs not required to deliver high-quality care. Expanding the numbers of providers facing and circumstances involving such risks should boost demand for cost-saving drugs, devices, and other health care technologies.
Reform Medicare Coverage Policies
CMS could change its coverage determination policies in ways that would increase the health benefits per dollar of Medicare spending. For example, CMS could expand use of its existing “coverage with evidence” process. Medicare could also stop paying for tests, procedures, and products that clinical experts have deemed inappropriate or ineffective; many of these have already been identified by the American Board of Internal Medicine Foundation’s Choosing Wisely initiative. Medicare could also stop covering off-label use of some very expensive cancer and other specialty drugs in circumstances for which there is little or no evidence of effectiveness. Some of these policy changes would require new legislation.
Coordinate FDA and CMS Processes

For products that are likely to help reduce spending, CMS coverage and payment determination processes could be coordinated with FDA review and approval processes. Coordination could reduce the time required to obtain revenues from the Medicare market. Identifying the best approach might be informed by what is learned from current efforts involving parallel review by FDA and CMS.
Increase Demand for Technologies That Decrease Spending

Changing payer, provider, and patient incentives could increase demand for products that decrease spending. One promising approach is expanding use of value-based insurance designs (VBIDs), which require individual patients to pay more out of pocket to receive services that are less likely to benefit them. A major challenge in implementing VBIDs is determining which services are more and less likely to substantially benefit individual patients.
Produce More and More Timely Technology Assessments

Health technology assessments (HTAs) provide systematic evidence about the safety, efficacy, effectiveness, and cost of drugs, devices, and procedures. Because medical technology evolves quickly, HTAs are more useful when they are more current. An emerging commercial model may suggest a good way to produce more timely HTAs—namely, by keeping abreast of the literature through fairly frequent literature searches and revising HTAs when new findings warrant.
Several of these options are novel; thus, there are few precedents or existing analyses to help policymakers design and successfully implement them. Others have already been proposed but not implemented. In our view, the potential benefits of implementing specific policies could dwarf the costs of doing so. For example, the potential savings to the Medicare program alone that could result from implementing several of the options would generate a large pool of money that could be used to spur invention of products that reduce spending or provide substantial health benefits.
Because the stakes in reining in health care spending are so high, and the need to get more health benefits from the money we spend is so great, we believe all of these options should be considered—the sooner the better.
Technical Advisers
To help us achieve our project goals, we convened a panel of national experts to review our ideas and weigh the promise of various policy options suggested by our findings. The panel offered comments on our draft analytical framework, weighed the pros and cons of different case study topics, and suggested several policy options. However, the panel members do not necessarily endorse the study findings.
Donald M. Berwick, MD
President Emeritus and Senior Fellow, Institute for Healthcare Improvement, Cambridge, Massachusetts
Otis W. Brawley, MD, FACP
Emory University and American Cancer Society
Philippe Chambon, MD, PhD
Managing Director, New Leaf Venture Partners LLC
Delos M. Cosgrove, MD
CEO and President, Cleveland Clinic
Ezekiel J. Emanuel, MD, PhD
Vice Provost for Global Initiatives; Diane v.S. Levy and Robert M. Levy University Professor; Chair, Department of Medical Ethics and Health Policy, University of Pennsylvania
Atul Gawande, MD, MPH
Surgeon, Brigham and Women’s Hospital; Director, Ariadne Labs; Professor, Harvard School of Public Health and Harvard Medical School
Brent C. James, MD, MStat
Chief Quality Officer, Intermountain Healthcare
Dean Kamen
Founder and President of DEKA Research & Development Corporation
Karen Katen
Senior Advisor, Essex Woodlands
Larry Kessler, ScD
Professor and Chair, Department of Health Services, School of Public Health, University of Washington
Vinod Khosla
Partner, Khosla Ventures
Kenneth W. Kizer, MD, MPH
Distinguished Professor, University of California (UC) Davis School of Medicine and Betty Irene Moore School of Nursing; Director, Institute for Population Health Improvement, UC Davis Health System
Robert Langer, PhD
David H. Koch Institute Professor, Massachusetts Institute of Technology
Mark McClellan, MD, PhD
Senior Fellow and Director, Initiative on Value and Innovation in Health Care, The Brookings Institution
Arnold Milstein, MD
Professor of Medicine, Clinical Excellence Research Center Director, Stanford University
Trevor Mundel, MD, PhD
President, Global Health, Bill & Melinda Gates Foundation
Peter J. Neumann, ScD
Director, Center for the Evaluation of Value and Risk in Health, Institute for Clinical Research and Health Policy Studies, Tufts Medical Center; Professor, Tufts University School of Medicine
Boris Nikolic, MD
Chief Advisor for Science and Technology to Bill Gates
Michael A. Peterson
President and Chief Operating Officer, Peter G. Peterson Foundation
Michael E. Porter

Professor, Harvard Business School