The legal format for the arrangement between a sponsor and a site to conduct a clinical trial is a specific type of contract called a clinical trial agreement (CTA). The CTA is originated by the sponsor and most importantly contains the study protocol, but also all the mechanics between the sponsor and the site. Reviewing and negotiating this agreement will be a significant amount of work—the researcher will be on the hook for the actual study, so their input is mandatory, but AICs will likely also want to involve a budget expert who can map the protocol to capabilities and costs, and a lawyer or other person with significant experience reading contracts who can identify necessary adjustments.
The core components of a clinical trial agreement are the study protocol, the recruitment plan, consent forms, monitoring plan, case report forms, legal agreements related to liability, IP, indemnification, and insurance, the study’s expected publication plans and ownership and access to data generated by the study, the timeline for the trial, and the specifics about who gets paid (and when, and how). The CTA will also come with a budget. That budget will be a large area of focus for the site’s negotiators, but all aspects of the CTA need to work for the site and the sponsor both, in addition to securing IRB approval.
For sites, a very specific and very important aspect to focus on will be the sponsor’s recruitment expectations. For nearly all drug trials, recruitment will have an overall target for all participants in the study and a scoped-down cut of that enrollment goal parceled out to each participating site. Sites get paid in three basic buckets: study-scope fees, admin fees for work conducted along the way, and per-patient fees. In addition, sometimes study-level fees have payment schedules and triggers that depend on successfully hitting enrollment goals. Therefore, sites need to very clearly understand the impact on their bottom line of meeting or not meeting patient enrollment milestones.
In addition to the implications for sites’ own payment schedules, trials might use a process called competitive enrollment that puts each site in direct competition with the others. For example: if 10 sites are expected to enroll 100 total patients over 2 years, that might initially shake out into the expectation of 5 patients per site per year. If site A enrolls 10 patients in the first year while site B has only enrolled 3, in some cases site A will be permitted to enroll additional patients out of site B’s allowance. This would of course affect both sites’ revenue, and the expectations in this situation should be thoroughly understood before the site signs the CTA.
There is often some room for adjustment on a per-site basis for the pass-through costs to the sponsor that go directly to patients, usually in the form of compensation or funding for amenities like comped parking or meal coupons during on-site visits. AICs’ existing standards of patient experience might offer savings that sponsors will appreciate over the cost to provide similar comforts to a patient at a research institution. In other cases, there may be factors that sites will specifically call out as must-haves to support patient enrollment. For ethical reasons, these costs should never rise to the level of coercive or excessive compensation, but both parties should agree on the appropriate standards that support engagement and retention goals.
Clinical Trial Agreement resources