Practice Areas

New Health Technology Assessment

New Health Technology Assessment is a system through which the State verifies the safety and effectiveness of a medical technology in advance, before any technology that has never been used in Korea is applied to a patient.

1. New Health Technology Assessment | Concept

Under the New Health Technology Assessment, the State verifies a medical technology's safety and effectiveness in advance, before any technology that has never been used in Korea is applied to a patient.

Acting under Article 53 of the Medical Service Act and its Enforcement Rule, the National Evidence-based Healthcare Collaborating Agency oversees the assessment, which generally serves as a core procedure for protecting patients' lives and health.

A technology that has not passed this assessment may not be used in medical institutions, and the benefit review for health insurance coverage cannot proceed either.

Legal Basis

The New Health Technology Assessment operates on the basis of the following three statutes.

▶ National Health Insurance Act

Article 41-3 provides that, for a new medical practice that has not been determined either to be subject to medical care benefits or to be a non-benefit item, the party must apply for a determination of whether it is subject to medical care benefits, and this requirement applies to new health technologies.

▶ Medical Service Act

Under Article 10 of the subordinate 'Rules on the Standards for Medical Care Benefits under the National Health Insurance,' an application for a medical care benefit determination requires that the results of the safety and effectiveness assessment under Article 53 of the 'Medical Service Act' have already been publicly notified.

As a result, if a technology is classified not as a new health technology but as a 'research-stage technology,' no public notice is issued, and the requirements for a benefit application are not met.

▶ Health and Medical Technology Promotion Act

Article 21 provides that the National Evidence-based Healthcare Collaborating Agency carries out related duties, including the New Health Technology Assessment under the 'Medical Service Act,' and on that basis, the Agency's New Health Technology Assessment Division handles the practical work.

Subjects Eligible to Apply for New Health Technology Assessment

A subject of the New Health Technology Assessment is a new medical technology that does not appear on the benefit or non-benefit list of the National Health Insurance. The specifics are as follows.

• A medical technology that is not listed in the booklet of health insurance medical care benefit costs

• A technology that is not included in the public notice of the new health technology safety and effectiveness assessment results

• A case in which, compared with a medical technology already listed under health insurance, the purpose of use, the subject, or the method has changed in one or more respects

Whether a technology falls within this scope is determined by the Health Insurance Review and Assessment Service, which maintains the benefit and non-benefit lists of health insurance.

By contrast, the treatment of conditions that do not interfere with work or daily life (for example, cosmetic surgery, vision-correction surgery, and health check-ups undertaken at one's own request) is designated as a non-benefit item under the 'Rules on the Standards for Medical Care Benefits under the National Health Insurance,' and is therefore excluded from the subjects of the New Health Technology Assessment.

2. New Health Technology Assessment | Standards

To qualify under the New Health Technology Assessment, supporting literature must show that the medical technology in question offers safety and effectiveness equal to or greater than those of medical technologies already in use.

Technical novelty alone does not qualify a technology for recognition as a new health technology, and an objective comparative analysis together with a literature-based assessment generally carries decisive weight.

Safety

This standard assesses whether the risk factors that arise when the technology is applied to a patient, such as side effects, complications, and mortality, remain at an acceptable level.

The review weighs not only short-term risks but also data on mid- to long-term aftereffects and health impacts, and to that end, the results of domestic and international clinical studies and procedure cases serve as the basis for analysis.

Effectiveness

This standard assesses whether the medical technology delivers a substantial medical benefit, such as improved diagnostic accuracy for the condition, a treatment effect, symptom improvement, or a better quality of life.

The focus here is on whether the technology can produce clinically meaningful results for the patient, going beyond simply 'working.'

Public Notice of Assessment Results and Transitional Measures

The Ministry of Health and Welfare publicly notifies the results of the New Health Technology Assessment, which identifies the technologies whose safety and effectiveness have been recognized.

Notably, transitional measures also apply to medical technologies already in use when the public notice takes effect; for a procalcitonin quantitative test, for example, enzyme fluorescence immunoassay, fluorescence immunoassay, and chemiluminescence immunoassay are each recognized as the same technology under the public notice.

These transitional measures preserve the continuity and legality of existing medical practices, and they support the practical application of the assessment results.

3. New Health Technology Assessment | Procedure

New Health Technology Assessment physician-attorney medical attorney Medical Service Act medical legal consultation New Health Technology Assessment strategy

The New Health Technology Assessment begins when the applicant files an assessment application with the New Health Technology Assessment Division of the National Evidence-based Healthcare Collaborating Agency.

When a technology includes a medical device, the applicant must also submit the medical device approval from the Ministry of Food and Drug Safety and the similar-technology confirmation from the Health Insurance Review and Assessment Service.

Application for Evaluation and Review Process

▪ Applicant

Applications for evaluation come mainly from medical institutions or from manufacturers and importers of medical devices.

▪ Composition of the Review Committee

For each application received, the New Health Technology Assessment Committee forms a subcommittee under the relevant field's expert evaluation committee, and the evaluation proceeds together with relevant medical professionals and researchers.

A subcommittee may include up to 10 members.

▪ Holding of Subcommittee Meetings

Meetings are usually held three to four times, and the number may vary with the characteristics of the technology.

① First Subcommittee: Setting the evaluation plan and the literature search formula

② Second Subcommittee: Setting the literature inclusion and exclusion criteria, and determining the data extraction format

③ Third and Fourth Subcommittees: Evaluating clinical safety and effectiveness, and preparing recommendations

④ Final Review: The subcommittee's evaluation results go to the New Health Technology Assessment Committee, which meets monthly, for final review.

Evaluation Period

The general evaluation period, measured from the date the application is received to the date of public notice or notification to the applicant, runs up to 250 days.

Technologies involving in vitro diagnostic tests and genetic tests qualify for expedited evaluation, in which case the period runs up to 140 days (extendable by up to 110 days if necessary).

Points to Note



  • Subcommittee meetings are generally held three to four times, though the number may vary with the characteristics of the applied technology.

  • During the subcommittee review, the applicant may present its opinion in writing or by video.

  • During the evaluation, the matters reviewed by each subcommittee are disclosed to the applicant, and opinions are gathered. The final evaluation result, however, remains confidential until the New Health Technology Assessment Committee reviews it.

  • If the New Health Technology Assessment Committee classifies the applied technology as a provisional research-stage technology during its review, the applicant receives a separate opportunity to present its opinion in writing or by video at the committee's review.


4. New Health Technology Assessment | Tailored Response Strategy

For prompt and efficient market entry through the New Health Technology Assessment, an applicant should accurately understand the requirements and characteristics of each system and then identify the entry path best suited to the technology in question.

Even for the same technology, the applicable procedures and the direction of preparation can differ depending on the system chosen.

Daeryun Law Firm provides tailored strategic advice on which system to use for the most prompt entry into the medical field.

We also offer practical consulting before the evaluation application stage, including preparation and adequacy review of the clinical trial plan, advice on organizing data to demonstrate safety and effectiveness, and the development of subcommittee response strategies.

If you need advice on the New Health Technology Assessment, you may develop a strategy together with a 🔗medical attorney.

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