The Access to Cancer Clinical Trials Act of 2009

For lymphoma patients, clinical trials offer an important opportunity for improved disease management and care. Patients who participate in clinical trials can play an active role in their own health care, gain access to new treatments before they are widely available and help others by contributing to medical research. 

Unfortunately, some cancer patients are unable to receive these innovative therapies because their health insurance company is unwilling or unable to cover items and services provided in the clinical trial (e.g., blood tests, physician services and hospital stays) that are otherwise generally available to a qualified individual. To address the issue, Sen. Sherrod Brown (D-OH) and Rep. Steve Israel (D-NY) have introduced legislation (S 488 and HR 716) that would prevent health care plans from denying patients enrolled in approved clinical trials those services that would have been covered under their plan had they received what is considered a standard therapy. Specifically, the Access to Cancer Clinical Trials Act of 2009:

• Amends the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to prohibit a group health plan from: (1) denying an eligible participant or beneficiary participation in clinical trials related to the treatment of cancer that are federally funded or conducted under an investigational new drug application reviewed by the Food and Drug Administration; (2) denying (or limiting or imposing additional conditions on) the coverage of routine patient costs for items and services furnished in connection with such participation; or (3) discriminating against an individual on the basis of such participation.
• Applies these prohibitions to coverage offered in the individual market.
• Requires the Secretary of Health and Human Services to study the impact on group health plans and health insurance issuers of requiring them to cover routine patient care costs for individuals with diseases other than cancert.

To support this important policy change and ask your federal legislators to co-sponsor the legislation, visit the LRF Public Policy and Advocacy Action Center.