Bill > SB2221

This bill establishes a "right-to-try" law in Hawaii, allowing manufacturers of investigational drugs or biological products—meaning medications that have passed initial safety testing (phase one of a clinical trial) but are not yet approved by the U.S. Food and Drug Administration (FDA) for general use—to make these treatments available to terminally ill patients under specific conditions. An "eligible patient" is defined as someone diagnosed with a terminal illness, who has exhausted all FDA-approved treatment options, cannot access or has not been accepted into a clinical trial, has a doctor's recommendation for the investigational treatment, and provides informed consent. Informed consent requires a detailed written agreement outlining potential outcomes, acknowledging that insurance may not cover costs, and understanding that hospice care or in-home services might be affected. The bill also clarifies that health insurers may cover these investigational treatments and outlines conditions under which they can deny coverage, while also protecting patients' heirs from liability for outstanding debts if the patient dies during treatment. Importantly, healthcare providers are protected from disciplinary action by licensing boards for recommending or treating patients with these investigational drugs, and state officials are prohibited from blocking patient access.

Health and Social Services

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2221&year=2026