Legislature(2017 - 2018)BUTROVICH 205
01/29/2018 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB43 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 43 | TELECONFERENCED | |
HB 43-NEW DRUGS FOR THE TERMINALLY ILL
1:29:29 PM
VICE CHAIR VON IMHOF announced the consideration of HB 43
relating to new drugs for the terminally ill. She noted that the
committee heard from the sponsor during the first hearing and
took public testimony. [CSHB 43, version 30-LS0207\J was before
the committee.]
1:30:00 PM
REPRESENTATIVE JASON GRENN, Alaska State Legislature, Bill
sponsor, deferred to his staffer, Brooke Ivy, to answer
questions previously raised by committee members.
1:30:16 PM
BROOKE IVY, Staff, Alaska State Legislature, answered questions
on HB 43. She noted that she would respond to the four questions
raised during the previous committee meeting. Governor [David]
Ige of Hawaii had vetoed Hawaii's Right to Try legislation in
2016. The current status of the legislation in Hawaii is that
Right to Try legislation, SB 2268, was reintroduced in Hawaii on
January 19, 2018.
She reported that there are no set time limits for drugs in an
investigational phase. The United States Food and Drug
Administration (FDA) determines when a drug moves on to the next
phase of the drug review process.
She reported that it was difficult to determine how often drugs
are distributed free of charge. Many patient assistance programs
exist, whether through the manufacturer directly, patient
networks, or research institutions. No public reporting by drug
manufacturers is required. A journal article from 2009 stated
that only four percent of drug manufacturers reveal the numbers
of patients they assist.
MS. IVY reported that it appears that most insurance companies
do outline their clinical trials coverage in policies to avoid
legal challenges. Premera is very clear in its material that it
usually does not pay for experimental or investigational drugs
or treatments.
1:35:42 PM
SENATOR MICCICHE wondered why this did not become law earlier
and what any opposition would be.
MS. IVY said the most common opposition is the idea of false
hope and to note that the FDA compassionate use program already
exists. However, she said that the point of HB 43 is to
streamline the FDA process and cut through the lengthy red tape.
1:37:08 PM
SENATOR MICCICHE asked why Hawaii vetoed the bill.
MS. IVY said Governor [Jerry] Brown in California vetoed this
legislation in 2015, but later reversed his veto. But Hawaii
Governor Ige noted that veto before Governor Brown later changed
it. Governor Ige listed four reasons for vetoing the bill: 1.
The FDA compassionate care process already provided access. 2.
It intervened with the FDA system, which may have the
inadvertent consequence of delaying new drugs. 3. It violated
the supremacy clause. 4. He was unsure of patient benefits.
She said the Hawaiian legislation passed without opposition in
the Hawaiian House and Senate and she did not know why the
governor's veto was not overridden.
SENATOR BEGICH said he would not say that false hope is better
than no hope at all. Any hope is better than no hope at all
because some of these drugs do work.
VICE CHAIR VON IMHOF asked if Premera provided a clause on how a
person could petition to get coverage for experimental drugs.
1:40:08 PM
MS. IVY read Premera's written policy that says denials for
experimental or investigational drugs can be reviewed.
VICE CHAIR VON IMHOF entertained a motion to move HB 43 out of
committee.
1:40:58 PM
SENATOR GIESSEL moved to report CSHB 43, version 30-LS0207\J,
from committee with individual recommendations and attached zero
fiscal note.
1:41:13 PM
VICE CHAIR VON IMHOF found no objection and CSHB 43(JUD) moved
from the Senate Health and Social Services Standing Committee.
She noted that the bill moved with the understanding that
Legislative Legal was authorized to make any necessary technical
and/or conforming adjustments.