Hogan Lovells 2024 Election Impact and Congressional Outlook Report
15 November 2024
The doctrine of the Transparency Commission of the French National Authority for Health (“Haute Autorité de Santé”, or HAS) will soon be updated with the dual objective of guaranteeing rapid access to medicinal products for patients, and respecting the duty to propose treatments with clearly demonstrated efficacy. The HAS will give its opinion on randomized clinical trials, reaffirming their importance while presenting possible alternatives, but only in “exceptional” situations. This long-awaited change reflects the evolutions noted in recent evaluations, but may not be able to overcome the difficulties of evaluating orphan medicinal products without comparators, or keep up with innovations in oncology whose studies are not yet recognized as sufficient to allow market access
In an article published in the British Medical Journal, the HAS reaffirms the importance of randomized clinical trials (RCTs), while allowing adaptations to the traditional model to overcome uncertainties or impossible evidence. The randomized clinical trial therefore remains the standard… except in "exceptional" circumstances.
The HAS presents external comparisons as reasonable alternatives in exceptional conditions, permitting real-life studies and emerging methods to be used as a complement… but NOT as a substitute, adding uncertainty to the regulatory standard.
The improvements are therefore fairly minor and more or less redundant with the developments observed in recent evaluations.
However, the methodological changes that industry has sought were intended to overcome the impossibility of providing comparative studies for orphan medicinal products or for rare diseases without comparators, or to enable access to the market for innovations in oncology following the negative evaluations noted, which impede patient access to these treatments with long-standing, albeit inexpensive, alternatives.
The dual objective – of guaranteeing rapid access to medicinal products for patients while also respecting the duty to propose treatments whose efficacy has been clearly demonstrated – is laudable yet disappointing considering industry expectations regarding the challenge of market access for therapeutic innovations.
Link to BMJ article below:
Authored by Charlotte Damiano