Bill > H3270

This bill, titled "Providing a right to try," amends existing Massachusetts law to allow terminally ill patients to access investigational drugs, biological products, or devices that have passed the initial safety testing phase (Phase 1 clinical trials) but are not yet approved by the U.S. Food and Drug Administration (FDA). To be considered an "eligible patient," an individual must have a terminal illness, have exhausted all FDA-approved treatment options, receive a physician's recommendation for an investigational treatment, and provide written, informed consent detailing potential outcomes and financial responsibilities. The bill clarifies that this right does not obligate manufacturers to provide these treatments, nor does it expand insurance coverage requirements, though insurers may choose to cover these costs. It also protects healthcare providers and facilities from liability and disciplinary action if they act in good faith and with reasonable care when recommending or administering these investigational treatments, and it clarifies that a patient's death during such treatment does not create liability for their heirs or estate.