Michigan House Bill HB4789

Michigan 2025-2026 Regular Session

• Introduced: 8/21/25
• Refer: 8/21/25

Caption

Health: other; individualized investigational treatment for certain patients suffering from a life-threatening or severely debilitating illness; provide for. Amends title & secs. 1, 2, 3, 4, 5, 6 & 7 of 2014 PA 345 (MCL 333.26451 et seq.) & adds sec. 2a.

Impact

The act clarifies and strengthens the legal framework surrounding the use of investigational treatments by prohibiting state officials and healthcare entities from obstructing patients' access to these options. Healthcare providers will be protected from repercussions related to their recommendations. As per the bill, it emphasizes informed consent and mandates documentation from physicians verifying patients' eligibility, which supports autonomy and safeguards in the treatment decision-making process.

Summary

House Bill 4789 amends the 'Right to Try Act' to expand access to investigational treatments for patients suffering from advanced or life-threatening illnesses. The bill delineates criteria under which eligible patients can seek experimental drugs, biological products, or individualized treatments that have not yet received full FDA approval. By broadening the conditions that must be met for patient eligibility, the bill aims to provide hope and possibly life-saving treatments to those who have exhausted all other approved options. Importantly, it seeks to safeguard healthcare providers from sanctions when recommending these investigational options to their patients.

Conclusion

Ultimately, HB4789 represents a significant legislative effort to enhance patients' access to potentially life-saving treatments at a critical juncture in their health journey. However, the implementation and implications of the bill must be monitored to ensure that it truly serves the interests of vulnerable patient populations without compromising safety and ethical standards.

Contention

Notably, the bill does assert that it does not impose any requirement on health insurers to cover the costs associated with these investigational treatments, meaning that the financial burden may still rest heavily on patients and their families. This aspect has been a point of contention, as critics argue that it effectively places experimental treatments out of reach for many individuals struggling with significant health conditions, as they may not afford the costs of treatment or related expenses. Additionally, concerns arise around the implications of liability, as the bill restricts certain causes of action against manufacturers involved in the treatment process, which could raise ethical issues regarding patient safety.