Florida Senate - 2019 SB 1602 By Senator Simmons 9-00661-19 20191602__ 1 A bill to be entitled 2 An act relating to cancer clinical trials; creating s. 3 385.2021, F.S.; providing legislative findings and 4 intent; defining terms; requiring cancer clinical 5 trial programs to inform prospective patient subjects 6 of the specified reimbursements for ancillary costs 7 and travel expenses which may be available to them and 8 their caregivers if they participate in a cancer 9 clinical trial; specifying that reimbursement offers 10 may not be coercive or exert an undue influence and 11 are not considered inducements for participation; 12 authorizing corporations, individuals, public and 13 private foundations, health care providers, and other 14 stakeholders to offer financial assistance to support 15 approved reimbursements of ancillary costs and travel 16 expenses for patient subjects in a cancer clinical 17 trial and their caregivers; requiring certain entities 18 that offer reimbursement programs to secure the 19 informed consent of patient subjects; prohibiting a 20 patient subject from participating in a cancer 21 clinical trial without submitting a specified 22 statement of consent; requiring the Department of 23 Health to use specified criteria in reviewing and 24 approving reimbursement programs; requiring the 25 department to adopt rules; providing an effective 26 date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Section 385.2021, Florida Statutes, is created 31 to read: 32 385.2021 Cancer clinical trials; communication with 33 prospective patients; offers to reimburse.— 34 (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds 35 that: 36 (a) The ability to translate medical findings from research 37 to practice relies on having robust and diverse patient 38 participation in cancer clinical trials. Low participation rates 39 or homogeneous participant groups prevent segments of the 40 population from benefiting from advances achieved through 41 clinical research and create uncertainties over the 42 applicability of research findings. Diverse patient 43 participation in cancer clinical trials depends on the ability 44 of prospective participants to afford ancillary costs during 45 their course of participation, a financial challenge that 46 prevents the benefits of clinical research from being equitably 47 accessible by eligible prospective participants. 48 (b) Cancer clinical trials do not cover all of 49 participants’ costs, and there are often significant uncovered 50 expenses associated with enrollment in a clinical trial. These 51 costs may include travel expenses to and from clinical sites, 52 such as parking fees, car rentals, fuel, tolls, or lodging, and 53 the expenses incurred by the patient subject’s family, friends, 54 or chaperones who attend cancer clinical trial treatments as 55 caregivers to provide emotional, physical, and mental support to 56 the patient subject. 57 (c) The United States Food and Drug Administration has 58 confirmed that reimbursement of direct patient-incurred expenses 59 is a means to create equal access among prospective clinical 60 trial patient subjects and is not considered an inducement. 61 Despite the United States Food and Drug Administration’s 62 issuance of guidance to clarify what constitutes an inducement, 63 a fear of unknowingly violating federal prohibitions against 64 inducements has unintentionally hindered the involvement in and 65 expansion of cancer clinical trials. Corporations, individuals, 66 public and private foundations, health care providers, and other 67 stakeholders remain hesitant to contribute to or accept funds 68 from programs that are organized to alleviate the financial 69 burdens of patients who wish to participate in clinical trials 70 and their caregivers. 71 (d) It is the intent of the Legislature to enact 72 legislation to distinguish between what may be considered an 73 inducement for a patient to participate and the reimbursement of 74 actual expenses associated with participation in a cancer 75 clinical trial. 76 (2) DEFINITIONS.—As used in this section, the term: 77 (a) “Cancer clinical trial” means a research study that 78 tests new cancer treatments on persons. Treatments tested may 79 include medications, chemotherapies, stem cell therapies, and 80 similar treatments. 81 (b) “Inducement” means the payment of money to a person in 82 exchange for his or her participation in a cancer clinical 83 trial. 84 (c) “Patient subject” means a person participating in a 85 cancer clinical trial. 86 (3) COMMUNICATION WITH PROSPECTIVE PATIENTS; OFFERS TO 87 REIMBURSE.— 88 (a) Cancer clinical trial programs shall inform prospective 89 patient subjects before their involvement in a cancer clinical 90 trial that: 91 1. Reimbursement for travel and ancillary costs is 92 available to all patient subjects based on financial need; 93 2. Reimbursement for travel and ancillary costs is offered 94 to eliminate the financial barriers to participation and to help 95 retain patient subjects in clinical trials; and 96 3. Family, friends, or chaperones who attend the cancer 97 clinical trial treatments as caregivers to support the patient 98 subject are eligible for reimbursement for their travel and 99 ancillary expenses. 100 (b) The offer to reimburse travel and ancillary expenses 101 may not be coercive or exert an undue influence on a patient 102 subject or a potential patient subject and, in the absence of 103 such coercion or exertion of undue influence, is not considered 104 an inducement for participation in a cancer clinical trial. 105 (4) REIMBURSEMENT PROGRAMS.— 106 (a) Subject to applicable federal laws and this section, 107 corporations, individuals, public and private foundations, 108 health care providers, and other stakeholders may offer 109 financial support to cover travel and ancillary costs through 110 their support of reimbursement programs offered by third-party 111 nonprofit corporations and public charities to increase the 112 enrollment and retention of minority patient subjects in cancer 113 clinical trials. 114 (b) A third-party nonprofit corporation or a public charity 115 that offers a reimbursement program under this subsection shall 116 implement a process for securing the informed consent of patient 117 subjects. A patient subject may not begin participating in a 118 cancer clinical trial without first submitting a signed 119 statement that he or she has been informed of financial 120 eligibility guidelines and the reimbursement process and 121 consents to participating in the cancer clinical trial. 122 (c) The Department of Health shall review reimbursement 123 programs offered by third-party nonprofit corporations and 124 public charities to cover ancillary costs and travel expenses of 125 patient subjects and their caregivers. If the department 126 determines that patient subjects are fairly recruited and 127 adequately informed in a manner that is consistent with federal 128 regulations and guidance and that ancillary costs and travel 129 expenses are appropriate, it must approve such programs. 130 (5) RULEMAKING.—The department shall adopt rules to 131 administer this section. 132 Section 2. This act shall take effect July 1, 2019.