Senate Bill sb1490

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    Florida Senate - 2001                                  SB 1490

    By Senator Clary





    7-1295-01                                               See HB

  1                      A bill to be entitled

  2         An act relating to insurance coverage for

  3         investigational cancer treatments; requiring

  4         coverage for investigational cancer treatments

  5         under certain circumstances; specifying covered

  6         costs; providing exceptions; providing criteria

  7         for certain cancer trials; providing an

  8         effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Coverage for investigational cancer

13  treatments.--

14         (1)  An insurer that issues, delivers, amends, or

15  renews an individual or group policy of accident and health

16  insurance in this state shall offer to the applicant or

17  policyholder coverage for routine patient care of insureds for

18  participation in an approved cancer research trial, when

19  medically appropriate and when the insured has a terminal

20  condition related to cancer that, according to the diagnosis

21  of the treating physician licensed to practice medicine in all

22  its branches, is considered life-threatening, and shall

23  provide coverage for the patient care provided pursuant to

24  investigational cancer treatments as provided in subsection

25  (2). Coverage under this act may have an annual benefit limit

26  of $10,000.

27         (2)  Coverage shall include routine patient care costs,

28  including, but not limited to, costs for blood tests, X rays,

29  bone scans, magnetic resonance images, patient visits, or

30  hospital stays, or other similar costs generally incurred by

31  the insured party in standard cancer treatment. Routine

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    Florida Senate - 2001                                  SB 1490
    7-1295-01                                               See HB




  1  patient care costs specifically shall not include the cost of

  2  any clinical trial therapies, regimens, or combinations

  3  thereof; the cost of any drugs or pharmaceuticals in

  4  connection with an approved clinical trial; any costs

  5  associated with the provision of any goods, services, or

  6  benefits that are generally furnished without charge in

  7  connection with an approved clinical trial program for

  8  treatment of cancer; any additional costs associated with the

  9  provision of any goods, services, or benefits that previously

10  have been provided, paid for, or reimbursed; or any other

11  similar costs. Routine patient care costs shall specifically

12  not include costs for treatments or services prescribed for

13  the convenience of the insured, enrollee, or physician. It is

14  specifically the intent of this act not to relieve the sponsor

15  of a clinical trial program of financial responsibility for

16  accepted costs of the program.

17         (3)  For purposes of this act, coverage is provided

18  only for cancer trials that meet the following criteria:

19         (a)  The effectiveness of the treatment has not been

20  determined relative to established therapies.

21         (b)  The trial is under clinical investigation as part

22  of an approved cancer research trial in Phase II, Phase III,

23  or Phase IV of investigation.

24         (c)  The trial is approved by the United States

25  Secretary of Health and Human Services, the Director of the

26  National Institutes of Health, the Commissioner of the United

27  States Food and Drug Administration, through an

28  investigational new drug exemption under s. 505(l) of the

29  Federal Food, Drug, and Cosmetic Act or an investigational

30  device exemption under s. 520(g) of that act, or a qualified

31  nongovernmental cancer research entity as defined in

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    Florida Senate - 2001                                  SB 1490
    7-1295-01                                               See HB




  1  guidelines of the National Institutes of Health or a

  2  peer-reviewed and approved cancer research program, as defined

  3  by the United States Secretary of Health and Human Services,

  4  conducted for the primary purpose of determining whether a

  5  cancer treatment is safe or efficacious or has any other

  6  characteristic of a cancer treatment that must be demonstrated

  7  in order for the cancer treatment to be medically necessary or

  8  appropriate.

  9         (d)  The trial is being conducted at multiple sites

10  throughout the state.

11         (e)  The patient's primary care physician, if any, is

12  involved in the coordination of care.

13         (f)  The results of the investigational trial will be

14  submitted for publication in peer-reviewed scientific studies,

15  research, or literature published in or accepted for

16  publication by medical journals that meet nationally

17  recognized requirements for scientific manuscripts and that

18  submit most of their published articles for review by experts

19  who are not part of the editorial staff. These studies may

20  include those conducted by or under the auspices of the

21  Federal Government's Agency for Health Care Policy and

22  Research, National Institutes of Health, National Cancer

23  Institute, National Academy of Sciences, Health Care Financing

24  Administration, and any national board recognized by the

25  National Institutes of Health for the purpose of evaluating

26  the medical value of health services.

27         Section 2.  This act shall take effect October 1, 2001.

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    Florida Senate - 2001                                  SB 1490
    7-1295-01                                               See HB




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  2                          HOUSE SUMMARY

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      Requires individual or group health insurance policies to
  4    cover investigational cancer treatments. Specifies
      covered costs. Provides criteria for acceptable cancer
  5    trials. See bill for details.

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