NO. 3. AN ACT RELATING TO CLINICAL TRIALS FOR CANCER PATIENTS.
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 8 V.S.A. § 4088b is amended to read:
§ 4088b. CLINICAL TRIALS FOR CANCER PATIENTS
The commissioner shall, after notice and hearing,
rules and regulations requiring that all health benefit plans issued in
this state provide coverage for routine costs for patients who participate in
cancer clinical trials. Any rules or regulations adopted under this section
effective for a three-year period commencing March 1 after the effective date
of this section; (2) Any
rules adopted under this section shall be limited to the coverage of
routine costs for patients who participate in a cancer clinical trial ;. (3)(2)
Any rules adopted under this section shall be restricted to
approved cancer clinical trials conducted under the auspices of the following
cancer care providers ("cancer care providers"): Vermont Cancer Center at
Fletcher Allen Health Care, the Norris Cotton Cancer Center at
Center, and approved clinical trials
being administered by a Vermont
hospital and its affiliated, qualified Vermont cancer care providers ;
(3) For participation in clinical trials located outside Vermont, coverage under this section shall be required only if the patient provides notice to the health benefit plan prior to participation in the clinical trial and:
(A) no clinical trial is available at the Vermont or New Hampshire cancer care providers described in subdivision (2) of this subsection;
(B) the patient already has completed a clinical trial under subdivision (3)(A) of this subsection and the patient’s cancer care provider determines that a subsequent clinical trial related to the original diagnosis is available outside of the health benefit plan’s network and determines participation in that clinical trial would be in the best interest of the patient, even if a comparable clinical trial is available at that time under subdivision (2) of this subsection; or
(C) the health benefit plan already has approved a referral of the patient to an out-of-network cancer care provider and an out-of-network clinical trial becomes available and the patient’s cancer care provider determines participation in that clinical trial would be in the best interest of the patient, even if a comparable clinical trial is available under subdivision (2) of this subsection.
the cancer care providers and the four largest health insurers, as measured by
covered lives in Vermont, to participate in an analysis of cost data at the
conclusion of the second full calendar year after enactment to determine the
financial impact of the clinical trial pilot program on health care insurance
premiums If a patient participates in a clinical trial administered by a
cancer care provider that is not in the health benefit plan’s provider network,
the health plan may require that routine follow-up care be provided within the
health benefit plan’s network, unless the cancer care provider determines this
would not be in the best interest of the patient.
commissioner shall present these findings in a report to the general assembly
by October 1, 2004 . (c) As
used in this section, "health benefit plan" means any health
insurance policy or health benefit plan offered by a health insurer as defined
in 18 V.S.A. § 9402(7) subdivision 9402(9) of Title 18. (d)(c) The
Vermont agency of human services through its Vermont Medicaid program shall
participate in the provisions of this section in the same manner as insurers as
defined in 18 V.S.A. § 9402(7) subdivision 9402(9) of Title 18.
(d) Notwithstanding chapter 25 of Title 3, the commissioner shall amend rules adopted under this section for the sole purpose of eliminating any sunset provision in the rule by filing a new adopted rule with the secretary of state and the legislative committee on administrative rules. The new adopted rule shall be effective when filed.
Sec. 2. EFFECTIVE DATE
This act shall become effective upon passage.
Approved: February 24, 2005
The Vermont General Assembly
115 State Street