House Study Bill 85 



                                       HOUSE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            COMMERCE BILL BY
                                            CHAIRPERSON PETERSEN)



    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act requiring health benefit coverage for certain cancer
  2    treatment delivered pursuant to approved cancer clinical
  3    trials and providing an applicability date.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 1286YC 83
  6 av/nh/8

PAG LIN



  1  1    Section 1.  NEW SECTION.  514C.24  APPROVED CANCER CLINICAL
  1  2 TRIALS COVERAGE.
  1  3    1.  DEFINITIONS.  For purposes of this section, unless the
  1  4 context otherwise requires:
  1  5    a.  "Approved cancer clinical trial" means a scientific
  1  6 study of a new therapy for the treatment of cancer in human
  1  7 beings that meets the requirements set forth in subsection 3
  1  8 and consists of a scientific plan of treatment that includes
  1  9 specified goals, a rationale and background for the plan,
  1 10 criteria for patient selection, specific directions for
  1 11 administering therapy and monitoring patients, a definition of
  1 12 quantitative measures for determining treatment response, and
  1 13 methods for documenting and treating adverse reactions.
  1 14    b.  "Institutional review board" means a board, committee,
  1 15 or other group formally designated by an institution and
  1 16 approved by the national institutes of health, office for
  1 17 protection from research risks, to review, approve the
  1 18 initiation of, and conduct periodic review of biomedical
  1 19 research involving human subjects.  "Institutional review
  1 20 board" means the same as "institutional review committee" as
  1 21 used in section 520(g) of the federal Food, Drug, and Cosmetic
  1 22 Act, as codified in 21 U.S.C. } 301 et seq.
  1 23    c.  "Routine patient care costs" means physician fees,
  1 24 laboratory expenses, and expenses associated with the
  1 25 hospitalization, administration of treatment, and evaluation
  1 26 of a patient during the course of treatment which are
  1 27 consistent with usual and customary patterns and standards of
  1 28 care incurred whenever an enrollee, subscriber, or insured
  1 29 receives medical care associated with an approved cancer
  1 30 clinical trial, and which would be covered if such items and
  1 31 services were provided other than in connection with an
  1 32 approved cancer clinical trial.
  1 33    d.  "Therapeutic intent" means that a treatment is aimed at
  1 34 improving a patient's health outcome relative to either
  1 35 survival or quality of life.
  2  1    2.  COVERAGE REQUIRED.  Notwithstanding the uniformity of
  2  2 treatment requirements of section 514C.6, a policy or contract
  2  3 providing for third=party payment or prepayment of health or
  2  4 medical expenses shall provide coverage benefits for routine
  2  5 patient care costs incurred for cancer treatment in an
  2  6 approved cancer clinical trial to the same extent that such
  2  7 policy or contract provides coverage for treating any other
  2  8 sickness, injury, disease, or condition covered under the
  2  9 policy or contract, if the insured has been referred for such
  2 10 cancer treatment by two physicians who specialize in oncology
  2 11 and the cancer treatment is given pursuant to an approved
  2 12 cancer clinical trial that meets the criteria set forth in
  2 13 subsection 3.  Services that are furnished without charge to a
  2 14 participant in the approved cancer clinical trial are not
  2 15 required to be covered as routine patient care costs pursuant
  2 16 to this section.
  2 17    3.  CRITERIA.  Routine patient care costs for cancer
  2 18 treatment given pursuant to an approved cancer clinical trial
  2 19 shall be covered pursuant to this section if all of the
  2 20 following requirements are met:
  2 21    a.  The treatment is provided with therapeutic intent and
  2 22 is provided pursuant to an approved cancer clinical trial that
  2 23 has been authorized or approved by one of the following:
  2 24    (1)  The national institutes of health.
  2 25    (2)  The United States food and drug administration.
  2 26    (3)  The United States department of defense.
  2 27    (4)  The United States department of veterans affairs.
  2 28    b.  The proposed treatment has been reviewed and approved
  2 29 by the applicable qualified institutional review board.
  2 30    c.  The available clinical or preclinical data indicate
  2 31 that the treatment that will be provided pursuant to the
  2 32 approved cancer clinical trial will be at least as effective
  2 33 as the standard therapy and is anticipated to constitute an
  2 34 improvement in therapeutic effectiveness for the treatment of
  2 35 the disease in question.
  3  1    4.  APPLICABILITY.
  3  2    a.  This section applies to the following classes of
  3  3 third=party payment provider contracts or policies delivered,
  3  4 issued for delivery, continued, or renewed in this state on or
  3  5 after July 1, 2009:
  3  6    (1)  Individual or group accident and sickness insurance
  3  7 providing coverage on an expense=incurred basis.
  3  8    (2)  An individual or group hospital or medical service
  3  9 contract issued pursuant to chapter 509, 514, or 514A.
  3 10    (3)  An individual or group health maintenance organization
  3 11 contract regulated under chapter 514B.
  3 12    (4)  Any other entity engaged in the business of insurance,
  3 13 risk transfer, or risk retention, which is subject to the
  3 14 jurisdiction of the commissioner.
  3 15    (5)  A plan established pursuant to chapter 509A for public
  3 16 employees.
  3 17    (6)  An organized delivery system licensed by the director
  3 18 of public health.
  3 19    b.  This section shall not apply to accident=only,
  3 20 specified disease, short=term hospital or medical, hospital
  3 21 confinement indemnity, credit, dental, vision, Medicare
  3 22 supplement, long=term care, basic hospital and
  3 23 medical=surgical expense coverage as defined by the
  3 24 commissioner, disability income insurance coverage, coverage
  3 25 issued as a supplement to liability insurance, workers'
  3 26 compensation or similar insurance, or automobile medical
  3 27 payment insurance.
  3 28                           EXPLANATION
  3 29    This bill creates new Code section 514C.24 to require
  3 30 health benefit coverage for cancer treatment delivered
  3 31 pursuant to an approved cancer clinical trial.  The bill
  3 32 defines "approved cancer clinical trial" as a scientific study
  3 33 of a new therapy for the treatment of cancer in human beings
  3 34 that meets requirements specified in the bill and consists of
  3 35 a scientific plan of treatment.
  4  1    The bill requires that a policy or contract provide health
  4  2 benefit coverage for routine patient care costs incurred for
  4  3 cancer treatment in an approved cancer clinical trial to the
  4  4 same extent that the policy or contract provides coverage for
  4  5 treating any other sickness, injury, disease, or condition
  4  6 covered under the policy or contract, if the insured has been
  4  7 referred for such cancer treatment by two physicians who
  4  8 specialize in oncology, and the cancer treatment is given
  4  9 pursuant to an approved cancer clinical trial as set forth in
  4 10 the bill.
  4 11    The bill applies to specified classes of third=party
  4 12 payment provider contracts or policies delivered, issued for
  4 13 delivery, continued, or renewed in this state on or after July
  4 14 1, 2009.
  4 15 LSB 1286YC 83
  4 16 av/nh/8