PDUFA Cost Offset In House Focuses On FDA Petition Review, Not REMS

Faced with a CBO estimate that H.R. 5651 will increase federal spending in fiscal years 2013 through 2022, the House Energy and Commerce Committee applies a section that speeds FDA decisions on some petitions to biosimilars. This contrasts with the Senate bill, which allows FDA to require brand companies to sell products covered by limited distribution systems to generic firms.

The House Energy and Commerce Committee revised its FDA Reform Act (H.R. 5651) May 25 to provide for earlier market entry of biosimilars subject to some citizen petitions in an effort to reverse an unfavorable spending projection for the bill – a change that creates dueling visions for cost savings once the legislation reaches conference committee.

The new version of H.R. 5651 will go to the House floor May 30 as a substitute for the bill reported out of committee ([A#00120514019])

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