SENATE CONCURRENT RESOLUTION NO. 54
(By Senators Wooton, Deem, Facemyer, Minard, Kessler and Sharpe.)
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[Originating in the Committee on Banking and Insurance;
reported March 5, 2002.]
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Requesting the Joint Committee on Government and Finance study
the feasibility and economic impact of mandating insurance
coverage for clinical trials offering treatment for persons
suffering life-threatening or debilitating diseases or
conditions.
Whereas, Current insurance coverage fails to cover the cost of
clinical trials; and
Whereas, A clinical trial is a thorough and carefully
controlled evaluation of a new test or treatment in a hospital
setting; and
Whereas, Many improvements in medical treatments for serious
illnesses and conditions have been made over the last 30 years due
solely to the effectiveness of clinical trials; and
Whereas, Clinical trials may only be conducted after
satisfying the Federal Drug Administration that the treatment or
treatment being tested has a potential benefit; and
Whereas, Sixteen states now have laws covering patient care
costs associated with clinical trials; and
Whereas, While the potential benefit of clinical trials for persons suffering from diseases and conditions for which there are
not present therapies available is great, it is not clear what the
potential cost would be for insurance companies which would cover
the cost of participation in these trials; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study the feasibility and economic impact of mandating
insurance coverage for clinical trials offering treatment for
persons suffering life-threatening or debilitating diseases or
conditions; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to: (1) Determine reasonable criteria
to be used in selecting those medical conditions which should be
covered or excluded with respect to clinical trials; (2) determine
whether the current state of health of a covered insured would be
a factor in whether that person would, or would not, be a suitable
candidate for clinical trials; and (3) determine what other factors
need to be considered; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2003, on
its findings, conclusions and recommendations, together with drafts
of any legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.