Treatment For Patients With Terminal Illness -- The Neil Fachon Terminally Ill Patients' Right To Try Act Of 2022
The bill fundamentally alters the landscape of healthcare for terminally ill patients by allowing them to pursue innovative therapies as last-resort options. It imposes a legal framework that prioritizes the right of patients to try investigational drugs while simultaneously protecting healthcare providers and manufacturers from legal liabilities, provided they act in good faith. Insurers are not obligated to cover any costs associated with these experimental treatments, placing the financial responsibility squarely on the patients. Hence, the bill could lead to additional burdens on patients already facing serious health challenges.
House Bill H7393, titled 'The Neil Fachon Terminally Ill Patients' Right To Try Act of 2022', aims to provide terminally ill patients with the right to access experimental treatments that have completed the first phase of clinical trials but are not yet approved by the FDA. The legislation recognizes the importance of patient autonomy in making medical decisions related to terminal illnesses. It establishes specific definitions for 'eligible patients', 'investigational drugs', and 'terminal illness', while also outlining the required procedures and documentation for patients wishing to pursue such treatments.
Notable points of contention surrounding H7393 relate to the potential risks inherent in experimental treatments. Critics express concerns that without sufficient regulatory oversight, patients could be exposed to untested therapies with unknown side effects or efficacy. Additionally, the bill does not require insurers to cover the costs of these treatments, raising ethical questions about access to care for patients who may not have the financial means. Furthermore, the protection from liability for healthcare providers and manufacturers could lead to scenarios where patients are incentivized to take on significant risks without adequate safeguards in place.