Relating To Access To Treatment For Terminally Ill Patients.
The bill amends Chapter 321 of the Hawaii Revised Statutes and specifies that while manufacturers are allowed to provide investigational drugs without charge, they also retain the option to require patients to cover the costs associated with these drugs. Additionally, the legislation permits health insurance carriers the option to cover these costs but does not mandate it, leaving some potential financial burden on patients.
House Bill 966, introduced in the Thirty-Second Legislature of Hawaii, aims to provide terminally ill patients with access to investigational drugs and biological products that have not yet received final approval from the United States Food and Drug Administration (FDA). This legislation is rooted in the need to offer such patients alternative treatment options, especially when conventional therapies are no longer effective. The bill outlines a framework that would allow manufacturers of these investigational drugs to make them available under specific conditions starting January 1, 2024.
Notably, the legislation reinforces protections for healthcare providers who recommend investigational treatments, ensuring they cannot face licensure issues for their advice. However, the bill does not provide a private right of action against drug manufacturers or other entities in case of patient harm linked to these investigational treatments, which could lead to debates about patient safety and accountability.
Overall, while HB966 seeks to expand treatment options for terminally ill patients in a time-sensitive context, it raises significant questions regarding the affordability and liability linked to investigational drugs, as well as the ethical dimensions of providing such treatments without comprehensive regulatory oversight.