Bill Summary for H 652 (2015-2016)

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Summary date: 

Apr 13 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 652 (Public) Filed Monday, April 13, 2015
AN ACT ESTABLISHING A RIGHT TO TRY ACT TO PROVIDE EXPANDED ACCESS TO INVESTIGATIONAL DRUGS, BIOLOGICAL PRODUCTS, AND DEVICES FOR PATIENTS DIAGNOSED WITH TERMINAL ILLNESS.
Intro. by Blackwell, Hager, Lambeth, Reives.

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Bill summary

Enacts new Article 23A in Chapter 90 which authorizes, but does not require, a manufacturer of an investigational drug, biological product, or device to make it available to certain terminally ill patients (defined as eligible patients). Authorizes the manufacturer to provide the investigational treatment with or without charge to the eligible patient but relieves heirs of any outstanding debt related to the treatment if the eligible patient dies.

Prohibits licensing boards and entities responsible for Medicare certification from taking action against a provider solely because the provider recommended the investigational treatment to the eligible patient. 

Prohibits state officials, employees, and agents from blocking or attempting to block access to investigational treatment.

Prohibits private causes of action against manufacturers or people involved with the treatment for harm caused to an eligible patient who participates in the treatment as long as the manufacturer or person made a good-faith effort to comply with the law.

Provides that the law does not affect a health plan's obligation to provide coverage for investigative treatments.

Effective October 1, 2015.