Insights

NEW LEGISLATION ABOUT COMPASSIONATE USE IN ITALY

The new legislation about “Discipline of the therapeutic use of an investigational medicinal product” (Ministerial Decree September 7, 2017) which abrogates the Decree 8 May 2003 as amended, was published in the Italian Official Journal on November 2nd 2017 and will enter into force 30 days after the publication.

The new Decree contains important updates including:

  • The possibility to request a compassionate use for medicinal products already authorized but not yet available on the Italian market.
  • In case of rare diseases or rare tumors, the possibility to base the compassionate use request on the results of Phase I clinical trials that have proven the activity and the safety of the medicinal product at a specific dose/therapeutic regimen even in therapeutic indications other than the concerned one.
  • The introduction of a new submission procedure with the request to be submitted by the physician(s) to the Ethics Committee (EC) only; then the opinion issued by the EC will be electronically forwarded to AIFA within 3 days as of the opinion date.
  • The requirement for the company to previously inform AIFA about the starting date of the compassionate use program and the estimated duration of the free of charge supply of the concerned medicinal product.
  • The inclusion of the Pharmacovigilance requirements provided for in Ministerial Decree 30 April 2015.

Regulatory Pharma Net team and experts are available to support companies to comply with the new requirements.

 

Insights

AIFA – PRICE INCREASE OF CLASS C MEDICINAL PRODUCTS SUBJECT TO MEDICAL PRESCRIPTION

AIFA has recently circulated on its website the communication about the price increase of Class C medicinal products subject to medical prescription.
As foreseen by Article 1, paragraph 3 of the Law Decree n. 87 dated May 27th, 2005 the prices of the medicinal products classified in C class subject to medical prescription, with reference to art. 8, par. 10, letter c), of the Law December 24th 1993 n. 537, can be increased only in January of every odd year.

Companies that wish to apply for a price increase are requested to comply with the following dispositions:

• The company must communicate the price variation within and no later than January 31st, 2019
• The communication has to be received at least 15 days before the effective date of the new price
• The company must indicate the effective date of the new price (not prior to January 1st, 2019), the MA number, the medicinal product description and its presentations, the public price in force, the new price including the variation, the indication of the percentage change and any other possible annotation

Regulatory Pharma Net team is available to support companies in the documentation preparation and submission.

Insights

CLINICAL TRIALS – CALL AIFA 2018 FOR INDEPENDENT RESEARCH ON MEDICINAL PRODUCTS

The Italian Medicines Agency (AIFA) has recently published a call for independent research focused on three thematic areas considered of relevant interest: rare diseases, comparative controlled clinical studies and Chimeric Antigen Receptor T-cell (CAR-T cells).

The promotion of independent research represents one of the strategic tasks assigned to AIFA by legislation which goes to reward projects able to enrich clinical and therapeutic knowledge in areas of interest for the National Health Service (NHS) and where commercial support is normally insufficient.

The main purpose of this call, as specified in it, is to “encourage research on issues consistent with the aims and objectives of the National Health Service (NHS), by financing studies of significant interest for the health of citizens, also taking into consideration the potential effects on the regulatory activity of AIFA”.

The amounts allocated to the activity of this Call correspond to a total of six million and five hundred thousand Euros (€ 6,500,000.00).

A special feature of this fund is represented by the mechanism of funding which comes through an innovative policy: all international and national pharmaceutical companies operating in Italy are required to contribute 5% of their yearly expenditure devoted to promotional initiatives to an ad-hoc national fund.

It is also pointed out that the maximum amount that can be funded for each project is one million five hundred thousand euros (1,500,000.00) for interventional studies, five hundred thousand euros (500,000.00) for observational studies and seventy-five thousand euros (75,000.00) for the meta-analysis.

The Project has to be written in English, according to a specific electronic protocol form (dedicated guideline available on the AIFA website) and the deadline for submitting applications to the AIFA system http://aifa.cbim.it/  will be 30 July 2019 at 06.00 PM.

Further information on the call can be found on the AIFA website: http://www.aifa.gov.it/content/bando-aifa-2018-ricerca-indipendente

Regulatory Pharma Net is available to provide additional information and we constantly keep up with regulatory changes in order to inform and support our clients on the consequences of the law modifications.

Insights

REGULATORY AFFAIRS – ACCESS AIFA FRONT END PORTAL – “TRACCIABILITÀ DEL FARMACO – TITOLARI AIC”

With Ministerial Decree of 11th May, 2018 published in the IOJ n.147 dated 27th June, 2018, some aspects linked to the governance of traceability have been transferred from the Italian Ministry of Health (MoH) to AIFA.

In particular, AIFA enabled access in the AIFA FRONT END portal relevant to the traceability in order to allow the MAHs to have full access to the traceability data transmitted to the central database of the Italian MoH (NSIS) including information about sender and receiver of the supplies of medicinal product in charge of Italian NHS.

In this regard, every Pharmaceutical Company should appoint a person responsible for the data control, authorized by the MAH to check the traceability data already transmitted to the NSIS (the central database of the Italian MoH) by the responsible person of traceability.

This periodic check by the MAH is important:

1. in order to guarantee the availability for AIFA of correct and complete data relevant to the supply of medicinal products marketed in Italy. In particular, for products reimbursed by the National Health System (i.e. A or H class medicinal products), AIFA can properly monitor the NHS pharmaceutical expenditure and implement any necessary balance procedure.

2. since the data transmitted through the NSIS by the responsible person of traceability data transmission can be amended or integrated within 2 months subsequent to the month of reference (if needed). As already indicated, amendments or integrations requested later than the 2 months period above mentioned implicate administrative penalties from 1.500,00 to 9.000,00 €.

Regulatory Pharma Net is available to support pharmaceutical companies in the management of the procedure.

Insights

MARKET ACCESS – EXPLANATORY NOTE ON COMPASSIONATE USE REGARDING TREATMENT OF COVID-19

Following the legislative decree n.18 of 17 March 2020, AIFA published an explanatory note on Compassionate Use regarding treatment of COVID-19.

The request to start compassionate use programs for the treatment of COVID-19 must be sent in advance to the Single National Ethics Committee identified by the law (INMI L. Spallanzani) and to AIFA.

The opinion of the Single National Ethics Committee is formulated with an emergency procedure and it is immediately applicable for all the centers and all the patients treated, whereas the nominal therapeutic uses remain subject to the current legislation and therefore remain under responsibility of the local ethics committees.

All the treatments that have received a positive opinion will be published on the institutional website of AIFA, in the appropriate section “Emergency COVID-19”.

Regulatory Pharma Net team is available to fully support companies for any query and for the preparation and submission of the documentation related to compassionate use programs.

Insights

NEW AIFA DISPOSITIONS ABOUT THE TIMING FOR THE SUBMISSION OF VARIATIONS TO IMPLEMENT PRAC RECOMMENDATIONS

AIFA recently published a new press release with some clarifications on the timing for the submission of variations to implement PRAC recommendations.

In particular, AIFA states that the MAHs have a legal obligation to comply with the conclusion and recommendations arising from the assessment of a signal as per Art. 107h of Directive 2001/83/EC, Art. 28a of Regulation (EC) No 726/2004 and Chapter III Commission Implementing Regulation (EU) No 520/2012.

The implementation timings are generally indicated in the PRAC recommendation published on the EMA website along with the texts to be implemented. MAHs are required to periodically check that these requirements are fulfilled. The standard deadline for submitting changes is 60 days from the date of publication on the EMA website unless a different date is expressly indicated in the text of the recommendation.

AIFA also reminds that MAHs have a legal obligation to ensure that the information on the medicinal product is up-to-date with the PRAC recommendations published on the EMA website, in line with Article 16 (3) of the Regulation (EC) n. 726/2004 and article 23, paragraph 3, of Directive 2001/83/EC.

Regulatory Pharma Net offers regulatory assistance throughout the whole drug lifecycle and is also available to provide full regulatory support  in the management of the variation applications to implement PRAC recommendations.

Publications

One Year of AIFA’s new Scientific and Economic Commission (CSE): How Reimbursement Timelines Have Improved and What Changes Lie Ahead

The Italian Medicines Agency (AIFA) has been undergoing a transformation in the past year following the establishment of its new Scientific and Economic Commission (CSE). Among its most significant areas of focus has been the optimization of procedures for the admission of drugs to the reimbursement system of the Italian National Health Service (SSN).

In an analysis conducted by AIFA itself, it was revealed that over the past year, the evaluation of 140 to 190 procedures per session has provided valuable insights into the efficiency of AIFA's reimbursement process. These procedures cover a wide range of cases, including new chemical and biological entities, orphan drugs, extensions of therapeutic indication, generics, new packs, and renegotiations. To streamline the process, prioritization has been based on the negotiation timeline—starting from the administrative check-in—combined with the type of medicine, with a particular focus on new treatments, including those for rare diseases.

One of the most striking findings is the significant reduction in processing times. Initially, procedures took an average of 262 days in the first three commission sessions, but this has now dropped to 136 days in the last three sessions—a 48% reduction, with an even steeper 60% decrease in the most recent session.

Additionally, the downward trend suggests that processing times are continuing to improve, though a stable pattern has yet to emerge. The reduction is also reflected in the overall average duration, which has decreased by 35%, reaching 49% in the latest session. Notably, outlier cases, which previously experienced exceptionally long processing times, are also declining, indicating a more efficient system across the board.

We now await further developments and potential modifications to the Italian P&R dossier following the implementation of the new European HTA regulation and the Joint Clinical Assessment (JCA) procedure. Additionally, changes to the criteria for assessing innovativeness are expected in light of the recently published 2025 Budget Law, which could lead to significant refinements in the evaluation framework.

RPN is closely monitoring the evolvement of the Italian legislation and landscape and is ready to share updates and discuss any potential impacts and implications of the new AIFA regulation and other important changes on current and future applications and market access activities.