DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 899 Engrossed 2024 Regular Session Wright
Abstract: Establishes the Hope for Louisiana Patients Law.
Proposed law shall be known and may be cited as the Hope for Louisiana Patients Law.
Proposed law defines "eligible facility", "eligible patient", "individualized investigational treatment",
"life-threatening or severely debilitating illness", and "written, informed consent".
Proposed law allows a manufacturer operating within an eligible facility that complies with federal
laws and regulations to make available an individualized investigative treatment to an eligible
patient.
Proposed law also allows an eligible patient to request an individualized investigational drug,
biological product, or device from an eligible facility or manufacturer operating within an eligible
facility in accordance with proposed law.
Proposed law further provides that a manufacturer shall not be required to make available an
individualized investigational drug, biological product, or device to an eligible patient.
Proposed law allows an eligible facility or manufacturer operating within an eligible facility to do
all of the following:
(1)Provide an individualized investigational drug, biological product, or device to an eligible
patient without receiving compensation.
(2)Require an eligible patient to pay the costs of, or the costs associated with, the manufacture
of the investigational drug, biological product, or device.
Proposed law does not require expansion of the coverage required for an insurer in accordance with
any provisions set forth in present law.
Proposed law allows a health plan, third-party administrator, or governmental agency to provide
coverage for the cost of an individualized investigational drug, biological product, or device, or the
cost of services related to the use of an individualized investigational drug, biological product, or
device.
Proposed law does not require any governmental agency to pay costs associated with the use, care, or treatment of a patient with an individualized investigational drug, biological product, or device.
Proposed law also does not require a hospital or facility licensed in accordance with present law, to
provide new or additional services, unless approved by the hospital or facility.
Proposed law establishes certain provisions in the event of a patient's death as a result of treatment
with an individualized investigational drug, biological product, or device.
Proposed law provides that a licensing board or disciplinary subcommittee shall not revoke, fail to
renew, suspend, or take any action against a healthcare provider's license issued in accordance with
present law based solely on the healthcare provider's recommendations to an eligible patient
regarding access to or treatment with an individualized investigational drug, biological product, or
device.
Proposed law provides that an entity responsible for Medicare certification shall not take action
against a healthcare provider's Medicare certification based solely on the healthcare provider's
recommendation.
Proposed law prohibits an official, employee, or agent of this state from blocking or attempting to
block an eligible patient's access to an individualized investigational drug, biological product, or
device.
Proposed law provides that counseling, advice, or a recommendation consistent with medical
standards of care from a licensed healthcare provider is also permitted in accordance with proposed
law.
Proposed law provides that nothing in proposed law shall create a private cause of action against a
manufacturer of an individualized investigational drug, biological product, or device or against any
other person or entity involved in the provision of such care. Proposed law further provides that
proposed law shall not affect any mandatory healthcare coverage for participation in clinical trials.
Proposed law provides that the following persons are authorized and empowered to consent on
behalf of an unemancipated minor, either orally or otherwise, to any surgical or medical treatment
or procedures not prohibited by law, which may be suggested, recommended, prescribed, or directed
by a duly licensed physician:
(1)The minor's guardian or custodian.
(2)The minor's parent.
(3)An adult brother or sister of the minor.
(4)The minor's grandparent.
Proposed law provides that if no such eligible person is reasonably available to provide such consent,
an adult who has exhibited special care and concern for the minor and who is reasonably available may take action by communicating the assumption of authority as promptly and as practicably to the
individuals identified in proposed law.
Proposed law provides that any female, regardless of age or marital status, is empowered to give
consent for herself in connection with pregnancy or childbirth.
Proposed law declares that if any provisions of proposed law or the application thereof to any person
or circumstance is found to be unconstitutional, it shall be severable and the other provisions of
proposed law shall remain effective notwithstanding such unconstitutionality.
(Adds R.S. 40:1300.71-1300.80)