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BioWorld - Wednesday, January 7, 2026
Home » Topics » North America » U.S.

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U.S. flag, stethoscope

CMS floats immediate coverage of breakthrough devices, defines ‘reasonable and necessary’

Aug. 31, 2020
By Mark McCarty
The U.S. Centers for Medicare and Medicaid Services (CMS) capped off the month of August 2020 with one of the more significant Medicare coverage documents in recent memory. The more immediately impactful part of the proposed rule would offer immediate coverage for devices approved or cleared under the FDA’s breakthrough devices program, but the broader element of this proposed rule offers a definition for the term “reasonable and necessary,” a development that itself constitutes a breakthrough in the world of Medicare coverage of medical technology.
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FDA icons

Seeking transparency: COVID-19 vaccine adcom first of more?

Aug. 31, 2020
By Mari Serebrov
In a bid to build public confidence and demonstrate its transparency in determinations about potential COVID-19 vaccines, the FDA will convene its Vaccine Advisory Committee for a virtual meeting Oct. 22 to discuss the general development of the vaccines for the U.S. market.
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European Union and American flags

Device makers left scrambling over EU court decision regarding EU-U.S. Privacy Shield

Aug. 28, 2020
By Mark McCarty
The Court of Justice for the European Union (CJEU) has invalidated the EU-U.S. Privacy Shield, a mechanism designed to ensure the privacy of EU citizens’ data when conveyed to other nations in a manner consistent with the EU’s General Data Protection Regulation (GDPR). Makers of drugs and devices are not without recourse in transferring patient data to the U.S. for clinical trials conducted in Europe, but industry must revisit their standard contractual clauses to ensure those protocols provide the necessary privacy provisions, or face fines that could amount to tens of millions of euros.
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New DOJ interim rule codifies terms of Brand memo

Aug. 27, 2020
By Mark McCarty
The U.S. Department of Justice (DOJ) unveiled two interim final rules intended to deal with enforcement activities in connection with policies enunciated over the past four years, including the so-called Brand memo, which banned federal prosecutors from using federal agency guidance as leverage in prosecutions of private-sector entities.
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Prescription drug bottle, pills shaped in $ sign

Final offer? Or will U.S. drug pricing negotiations continue as election looms?

Aug. 27, 2020
By Mari Serebrov
“Maybe this is not their final offer and maybe they’re not digging as deep as they perhaps could or should,” Michael Abrams, managing partner and co-founder of Numerof & Associates, said of the biopharma industry’s counteroffer to U.S. President Donald Trump on drug pricing. But the offer “is not inconsequential,” he told BioWorld, noting that it reportedly could deliver $100 billion in savings over 10 years. The proposal also offers the president the opportunity to say he delivered on his promise to lower prescription drug prices as he campaigns for re-election, whereas his threatened executive order granting Medicare and other federal programs “most favorable nation pricing” for prescription drugs would still be in the rulemaking process when voters head to the polls or their mailboxes in November.
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8-26-BrainsWay_DeepTMS

FDA clears first brain stimulation device for smoking cessation

Aug. 26, 2020
By Mary Ellen Schneider
The U.S. FDA has given the green light to a new type of treatment to help smokers quit, clearing the way for the first time the use of deep transcranial magnetic stimulation (Deep TMS) for short-term smoking cessation in adults.
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Health care and politics illustration

U.S. politicking threatens public trust in the FDA and CDC

Aug. 26, 2020
By Mari Serebrov
The truth that every action has a reaction is being proven again in the public square of the U.S. as the shrill, endless clamor of politicians hoping to score against their opponents via health care issues or accomplishments threatens to undermine confidence in the FDA, the products it approves and even the guidance offered by the Centers for Disease Control and Protection (CDC). In the past, politicians from both parties blamed “greedy” biopharma companies and self-appointed social influencers for patients refusing to fill prescriptions, get tested or be immunized. Now they have themselves to blame.
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Cybersecurity data lock

Ignorance of device components a cybersecurity risk as threats continue to surface

Aug. 25, 2020
By Mark McCarty
Medical device cybersecurity seems to have taken a back seat to the COVID-19 pandemic, but a new internet connection protocol vulnerability has been identified that affects health care along with a wide range of other industries.
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Bags of plasma

EUA broadens access to plasma in U.S., raises questions about trial enrollment

Aug. 25, 2020
By Mari Serebrov
As of Aug. 13, more than 90,000 patients hospitalized in the U.S. with COVID-19 already had been given access to convalescent plasma through a national expanded use protocol (EAP) sponsored by the Mayo Clinic. The FDA’s decision Sunday to grant emergency use authorization (EUA) for the potential therapy will further expand access to convalescent plasma for hospitalized patients throughout the country at a time when fully approved COVID-19 treatments are nonexistent and even EUAs are few and far between.
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U.S. flag on columned building

Administrative Procedures Act called out for obsolescence, legislative repair

Aug. 24, 2020
By Mark McCarty
The U.S. Administrative Procedures Act (APA) has proven controversial for device makers in that the associated requirements for rulemaking have been the subject of regulatory end-runs, by some accounts. The Department of Justice (DOJ) said in an Aug. 11 statement, however, that it is time to update the APA because the it has ossified in the 74 years since passage, while an attached report estimated that government regulation adds as much as $2 trillion in compliance costs to the economy every year.
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