This bill aims to establish a framework for the right to try individualized treatments for eligible patients in West Virginia. It introduces a new article to the Code of West Virginia, defining key terms such as "eligible facility," "eligible patient," and "individualized investigational drug, biological product, or device." The bill outlines the criteria for patients to qualify for these treatments, including having a life-threatening illness and obtaining informed consent. It also specifies that manufacturers may provide these treatments without compensation or may charge for associated costs. Additionally, the bill ensures that heirs are not liable for any outstanding debts related to the treatment if the patient dies, and it prohibits sanctions against healthcare providers who recommend these treatments.

Furthermore, the bill restricts state officials from blocking access to individualized treatments and eliminates the possibility of private lawsuits against manufacturers or caregivers, provided they have acted in good faith. It clarifies that the article does not affect health benefit plans' obligations to cover clinical trial participation. The provisions of this article are set to take effect on January 1, 2026.

Statutes affected:
Introduced Version: 16-51A-1, 16-51A-2, 16-51A-3, 16-51A-4, 16-51A-5, 16-51A-6, 16-51A-7, 16-51A-8