DISARM Act of 2015

To amend title XVIII of the Social Security Act to encourage the development and use of DISARM antimicrobial drugs, and for other purposes. 1. Short title This Act may be cited as the Developing an Innovative Strategy for Antimicrobial Resistant Microorganisms Act of 2015 DISARM Act of 2015 2. Encouraging the development and use of DISARM antimicrobial drugs (a) Additional payment for DISARM antimicrobial drugs under Medicare (1) In general Section 1886(d)(5) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5) (M) (i) Effective for discharges beginning on or after October 1, 2015, the Secretary shall, after notice and opportunity for public comment (in the publications required by subsection (e)(5) for a fiscal year or otherwise), recognize the costs of DISARM antimicrobial drugs under the payment system established under this subparagraph. (ii) Pursuant to clause (i), the Secretary shall provide for additional payment to be made under this subsection with respect to discharges involving DISARM antimicrobial drugs in the amount provided for under section 1847A for drugs and biological products that are described in section 1842(o)(1)(C). (iii) For purposes of this subparagraph, the term DISARM antimicrobial drug (I) (aa) is intended to treat an infection caused by, or likely to be caused by, a qualifying pathogen (as defined under section 505E(f) of the Federal Food, Drug, and Cosmetic Act); or (bb) meets the definition of a qualified infectious disease product under section 505E(g) of the Federal Food, Drug, and Cosmetic Act; (II) is intended to treat an infection for which there is an unmet medical need as determined by the Food and Drug Administration; (III) is intended to treat an infection that is associated with high rates of mortality or significant patient morbidity, as determined by the Secretary, in consultation with the Director of the Centers for Disease Control and Prevention and the infectious disease professional community; and (IV) is used in facilities that, to the extent available to such facilities, as determined by the Secretary, participate in— (aa) the National Healthcare Safety Network of the Centers for Disease Control and Prevention; or (bb) a similar reporting program relating to antimicrobial drugs, as specified by the Secretary. (iv) (I) The manufacturer or sponsor of a drug may request the Secretary to designate a drug as a DISARM antimicrobial drug at any time before or after the submission of an application under section 505(b) of the Federal Food, Drug, and Cosmetic Act or section 351(a) of the Public Health Service Act for such drug. Pursuant to the previous sentence, the Secretary shall, not later than 60 days after the submission of such a request, determine whether the drug will be considered a DISARM antimicrobial drug in the case that it is approved or licensed for use, or is first approved or licensed for an indication. (II) Except as provided in subclause (III), a designation under this clause shall not be withdrawn for any reason. (III) The Secretary may revoke a designation of a drug as a DISARM antimicrobial drug product if the Secretary finds that the request for such designation contained an untrue statement of material fact. (v) Not later than October 1, 2016, the Secretary shall first publish in the Federal Register a list of the DISARM antimicrobial drugs. (vi) The Secretary shall make a proportional adjustment in the standardized amount determined under paragraph (3) to assure that the provisions of this subparagraph do not result in aggregate payments under this subsection that are greater or less than those that would otherwise be made under such subsection for a fiscal year. . (2) Relationship to NTAP payments Section 1886(d)(5) of the Social Security Act ( 42 U.S.C. 1395ww(d)(5) (A) in clause (i), by inserting that are not DISARM antimicrobial drugs (as defined in subparagraph (M)(iii)) new medical services and technologies (B) in clause (ii)(I), by inserting if the service or technology is not a DISARM antimicrobial drug and a new medical service or technology (b) Study and report on removing barriers to development of DISARM antimicrobial drugs (1) Study The Comptroller General of the United States shall, in consultation with the Director of the National Institutes of Health, the Commissioner of Food and Drugs, and the Director of the Centers for Disease Control and Prevention, conduct a study to— (A) identify and examine the barriers that prevent the development of DISARM antimicrobial drugs, as defined in section 1886(d)(5)(M)(iii) of the Social Security Act, as added by subsection (a); and (B) develop recommendations for actions to be taken in order to overcome any barriers identified under subparagraph (A). (2) Report Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under paragraph (1).

Summary: Developing an Innovative Strategy for Antimicrobial Resistant Microorganisms Act of 2015 or the DISARM Act of 2015 Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) recognize the costs of DISARM antimicrobial drugs under the Medicare payment system for the inpatient services of subsection (d) hospitals, (2) provide for additional payment with respect to discharges involving such drugs, (3) publish in the Federal Register a list of the DISARM antimicrobial drugs, and (4) make a proportional adjustment in standardized payment amounts to assure that the requirements of this Act do not result in aggregate payments greater or less than those that would otherwise be made for a fiscal year. (Generally, a subsection [d] hospital is an acute care hospital, particularly one that receives payments under Medicare's inpatient prospective payment system [IPPS] when providing covered inpatient services to eligible beneficiaries.) Defines a "DISARM antimicrobial drug" as one approved or licensed by the Food and Drug Administration on or after January 1, 2015, which, among other things, is intended to treat an infection: caused by, or likely to be caused by, a qualifying pathogen; associated with high rates of mortality or significant patient morbidity; and for which there is an unmet medical need. Requires that the mechanism established by the Secretary to recognize the costs of new medical services and technologies that are not DISARM antimicrobial drugs under the Medicare payment system is applicable to new medical services or technology if the service or technology is not a DISARM antimicrobial drug. Directs the Comptroller General to study the barriers that prevent the development of DISARM antimicrobial drugs and develop recommendations for actions to be taken in order to overcome those barriers.