Florida Senate - 2019                                    SB 1602
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-00661-19                                            20191602__
    1                        A bill to be entitled                      
    2         An act relating to cancer clinical trials; creating s.
    3         385.2021, F.S.; providing legislative findings and
    4         intent; defining terms; requiring cancer clinical
    5         trial programs to inform prospective patient subjects
    6         of the specified reimbursements for ancillary costs
    7         and travel expenses which may be available to them and
    8         their caregivers if they participate in a cancer
    9         clinical trial; specifying that reimbursement offers
   10         may not be coercive or exert an undue influence and
   11         are not considered inducements for participation;
   12         authorizing corporations, individuals, public and
   13         private foundations, health care providers, and other
   14         stakeholders to offer financial assistance to support
   15         approved reimbursements of ancillary costs and travel
   16         expenses for patient subjects in a cancer clinical
   17         trial and their caregivers; requiring certain entities
   18         that offer reimbursement programs to secure the
   19         informed consent of patient subjects; prohibiting a
   20         patient subject from participating in a cancer
   21         clinical trial without submitting a specified
   22         statement of consent; requiring the Department of
   23         Health to use specified criteria in reviewing and
   24         approving reimbursement programs; requiring the
   25         department to adopt rules; providing an effective
   26         date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Section 385.2021, Florida Statutes, is created
   31  to read:
   32         385.2021Cancer clinical trials; communication with
   33  prospective patients; offers to reimburse.—
   34         (1) LEGISLATIVE FINDINGS AND INTENT.—The Legislature finds
   35  that:
   36         (a)The ability to translate medical findings from research
   37  to practice relies on having robust and diverse patient
   38  participation in cancer clinical trials. Low participation rates
   39  or homogeneous participant groups prevent segments of the
   40  population from benefiting from advances achieved through
   41  clinical research and create uncertainties over the
   42  applicability of research findings. Diverse patient
   43  participation in cancer clinical trials depends on the ability
   44  of prospective participants to afford ancillary costs during
   45  their course of participation, a financial challenge that
   46  prevents the benefits of clinical research from being equitably
   47  accessible by eligible prospective participants.
   48         (b)Cancer clinical trials do not cover all of
   49  participants’ costs, and there are often significant uncovered
   50  expenses associated with enrollment in a clinical trial. These
   51  costs may include travel expenses to and from clinical sites,
   52  such as parking fees, car rentals, fuel, tolls, or lodging, and
   53  the expenses incurred by the patient subject’s family, friends,
   54  or chaperones who attend cancer clinical trial treatments as
   55  caregivers to provide emotional, physical, and mental support to
   56  the patient subject.
   57         (c)The United States Food and Drug Administration has
   58  confirmed that reimbursement of direct patient-incurred expenses
   59  is a means to create equal access among prospective clinical
   60  trial patient subjects and is not considered an inducement.
   61  Despite the United States Food and Drug Administration’s
   62  issuance of guidance to clarify what constitutes an inducement,
   63  a fear of unknowingly violating federal prohibitions against
   64  inducements has unintentionally hindered the involvement in and
   65  expansion of cancer clinical trials. Corporations, individuals,
   66  public and private foundations, health care providers, and other
   67  stakeholders remain hesitant to contribute to or accept funds
   68  from programs that are organized to alleviate the financial
   69  burdens of patients who wish to participate in clinical trials
   70  and their caregivers.
   71         (d)It is the intent of the Legislature to enact
   72  legislation to distinguish between what may be considered an
   73  inducement for a patient to participate and the reimbursement of
   74  actual expenses associated with participation in a cancer
   75  clinical trial.
   76         (2) DEFINITIONS.—As used in this section, the term:
   77         (a) “Cancer clinical trial” means a research study that
   78  tests new cancer treatments on persons. Treatments tested may
   79  include medications, chemotherapies, stem cell therapies, and
   80  similar treatments.
   81         (b) “Inducement” means the payment of money to a person in
   82  exchange for his or her participation in a cancer clinical
   83  trial.
   84         (c) “Patient subject” means a person participating in a
   85  cancer clinical trial.
   86         (3) COMMUNICATION WITH PROSPECTIVE PATIENTS; OFFERS TO
   87  REIMBURSE.—
   88         (a) Cancer clinical trial programs shall inform prospective
   89  patient subjects before their involvement in a cancer clinical
   90  trial that:
   91         1. Reimbursement for travel and ancillary costs is
   92  available to all patient subjects based on financial need;
   93         2. Reimbursement for travel and ancillary costs is offered
   94  to eliminate the financial barriers to participation and to help
   95  retain patient subjects in clinical trials; and
   96         3. Family, friends, or chaperones who attend the cancer
   97  clinical trial treatments as caregivers to support the patient
   98  subject are eligible for reimbursement for their travel and
   99  ancillary expenses.
  100         (b) The offer to reimburse travel and ancillary expenses
  101  may not be coercive or exert an undue influence on a patient
  102  subject or a potential patient subject and, in the absence of
  103  such coercion or exertion of undue influence, is not considered
  104  an inducement for participation in a cancer clinical trial.
  105         (4) REIMBURSEMENT PROGRAMS.—
  106         (a) Subject to applicable federal laws and this section,
  107  corporations, individuals, public and private foundations,
  108  health care providers, and other stakeholders may offer
  109  financial support to cover travel and ancillary costs through
  110  their support of reimbursement programs offered by third-party
  111  nonprofit corporations and public charities to increase the
  112  enrollment and retention of minority patient subjects in cancer
  113  clinical trials.
  114         (b) A third-party nonprofit corporation or a public charity
  115  that offers a reimbursement program under this subsection shall
  116  implement a process for securing the informed consent of patient
  117  subjects. A patient subject may not begin participating in a
  118  cancer clinical trial without first submitting a signed
  119  statement that he or she has been informed of financial
  120  eligibility guidelines and the reimbursement process and
  121  consents to participating in the cancer clinical trial.
  122         (c) The Department of Health shall review reimbursement
  123  programs offered by third-party nonprofit corporations and
  124  public charities to cover ancillary costs and travel expenses of
  125  patient subjects and their caregivers. If the department
  126  determines that patient subjects are fairly recruited and
  127  adequately informed in a manner that is consistent with federal
  128  regulations and guidance and that ancillary costs and travel
  129  expenses are appropriate, it must approve such programs.
  130         (5) RULEMAKING.—The department shall adopt rules to
  131  administer this section.
  132         Section 2. This act shall take effect July 1, 2019.