This bill aims to establish a framework for the right to try individualized treatments for patients with life-threatening or severely debilitating illnesses in West Virginia. It introduces a new article to the Code of West Virginia, defining key terms such as "eligible patient," "individualized investigational drug," and "eligible facility." The bill outlines the criteria for patients to qualify for access to these treatments, including the requirement for informed consent and documentation from a treating physician. It also specifies that manufacturers may provide these treatments without compensation or may charge for associated costs, and it protects the heirs of deceased patients from liability for any outstanding debts related to the treatment.

Additionally, the bill prohibits sanctions against healthcare providers for recommending individualized treatments and prevents state officials from blocking patient access to these treatments. It establishes that no private right of action can be taken against manufacturers or other entities involved in the care of patients using these investigational products, provided they have acted in good faith. Importantly, the bill clarifies that it does not affect health benefit plans' obligations to cover participation in clinical trials. 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