§ 16-51-4 — Drug manufacturers; availability of investigational drugs, biological products or devices; costs; insurance coverage

West Virginia § 16-51-4

• Jurisdiction: West Virginia
• Ch. 16: PUBLIC HEALTH
• Art. 51: RIGHT TO TRY ACT

Text

(a) A manufacturer of an investigational drug, biological product or device may make available the manufacturer’s investigational drug, biological product or device to eligible patients pursuant to this article. This article does not require that a manufacturer make available an investigational drug, biological product or device to an eligible patient.

(b) A manufacturer may:

(1) Provide an investigational drug, biological product or device to an eligible patient without receiving compensation; or

(2) Require an eligible patient to pay the costs of, or the costs associated with, the manufacture of the investigational drug, biological product or device.

(c) Nothing in this article expands the coverage required by article fifteen, chapter thirty-three of this code.

(d) A health insurance carrier may, but is not required by this article to, provide coverage for the cost of an investigational drug, biological product or device.

(e) An insurer may deny coverage to an eligible patient from the time the eligible patient begins use of the investigational drug, biologic product or device through a period not to exceed six months from the time the investigational drug, biologic product or device is no longer used by the eligible patient; except that coverage may not be denied for a preexisting condition and for coverage for benefits which commenced prior to the time the eligible patient begins use of such drug, biologic product or device.

(f) If a patient dies while being treated by an investigational drug, biological product or device, the patient’s heirs and estate are not liable for any outstanding debt related to the treatment or lack of insurance due to the treatment.

Legislative History

2016 Reg. Sess., SB416; 1984 Reg. Sess., SB679