Bill No.: SF0024                  Drafter:  JWL

LSO No.:  08LSO-0255              Effective Date:  7/1/2008

Enrolled Act No.:  SEA0039

Chapter No.:

Prime Sponsor:     Joint Labor, Health and Social Services Interim Committee

Catch Title:       Health insurance-clinical trials.

Subject:  Requires coverage in health insurance policies for the insured's participation in some clinical trials.

Summary/Major Elements:

· This act creates a new section in the Insurance Code to require coverage in health insurance policies and health maintenance organization contracts for care that the insured receives as part of a clinical trial.  The newly required coverage is limited to care received:

o   For the treatment of cancer;

o   In a phase II, III or IV clinical trial or study;

o   If the trial or study is approved by the National Institute of Health, an NIH grant recipient, the U.S. Food and Drug Administration, the Department of Veterans Affairs or the U.S. Department of Defense;

o   From a licensed health care provider practicing within the scope of the provider's license;

o   Following execution of a written informed consent by the patient.

· The act excludes from the newly required coverage care that is or is customarily paid for by a government agency, industry or the provider of the drug or device being tested or that is not directly related to patient care.

Comments:

· The act applies to policies, contracts and certificates of insurance issued or renewed after July 1, 2008.

· Final action on this bill was not taken at the time this summary was prepared.  Should changes be made to the bill upon final passage, an updated summary will be transmitted to all legislators.