H98 - Right to Try Individualized Treatments. (SL 2024-36)

Overview: S.L. 2024-36 allows eligible patients with life-threatening or severely debilitating illnesses the right to try individualized investigational drugs, biological products, and devices. The act defines the following: eligible facility; eligible patient; individualized investigational drug, biological product, or device; institution; life-threatening or severely debilitating illness; and written, informed consent.

Elements of the act are outlined below.

• Authorizes access to and use of individualized investigational drugs, biological products, or devices.
• Prohibit liability to heirs for outstanding debt related to use of individualized investigational drugs, biological products, or devices.
• Prohibits sanctions against health care providers.
• Prohibits certain conduct by State officials.
• Prohibits a private right of action against manufacturers of individualized investigational drugs, biological products, or devices.
• Provides that nothing in the act affects a health benefit plan's obligation to provide coverage for an insured's participation in a clinical trial.

The right to try individualized treatments becomes effective October 1, 2024, the remainder of the act became effective July 8, 2024.