RETURN TO TABLE OF CONTENTS
Summer 2004  

Nevada Passes Law Requiring Insurance Coverage for Some Clinical Trials

Last year the American Cancer Society sponsored a bill which will have a historic impact on Nevada cancer and CFIDS patients who are involved in clinical trials. Assembly Bill 502 is now law in Nevada , and it requires insurance companies to cover treatment for Phase II, III and IV clinical trials for patients with cancer or CFIDS. The bill may be a model for other states to follow. The final bill includes this language:

A policy of health insurance must provide coverage for medical treatment which a policyholder or subscriber receives as part of a clinical trial or study if:

a. The medical treatment is provided in a Phase II, Phase III or Phase IV study or clinical trail for the treatment of cancer or chronic fatigue syndrome;

b. The clinical trial or study is approved by:

i.An agency of the National Institutes of Health as set forth in 42 U.S.C. 282(b);

ii.  A cooperative group;

iii. The Food and Drug Administration as an application for a new investigative drug;

iv.  The United States Department of Veterans Affairs; or

v.  The United States Department of Defense

c. The medical treatment is provided by a provider of health care, and the facility and personnel have the experience and training to provide the treatment in a capable manner;

d. There is no medical treatment available which is considered a more appropriate alternative medical treatment than the medical treatment provided in the clinical trial or study;

e. There is a reasonable expectation based on clinical data that the medical treatment provided in the clinical trial or study will be at least as effective as any other medical treatment.

The bill passed because of the hard work and combined effort of legislators, cancer and CFIDS advocates, and CFIDS patients and their families. Thanks go to Buffy Gail Martin of the Reno chapter of the American Cancer Society and to oncologist Dr. John Ellerton for creating the bill and laying the groundwork for its passage.

Appreciation is also due to Harvey and Annette Whittemore, parents of CFIDS patient Andrea Whittemore, who has been in trials for Ampligen, a drug that has been used to treat CFIDS since the late 1980s. Harvey, a longtime lobbyist in the state capital, not only gave moving testimony on behalf of Andrea and his wife, he motivated legislators to recognize the seriousness of CFIDS. Without his efforts the bill would not have included CFIDS along with cancer.

Also testifying in support of the bill was CFIDS advocate Jerry Crum and CFIDS patients Anita Patton, Robert Miller and Carol Reid, who talked about the tremendous financial burden of being in the Ampligen clinical trials. Accompanying this testimony was a petition signed by all of Nevada ’s Ampligen patients, as well as others supporting the bill.

Credit also goes to the elected officials who led the passage of the bill. These include Assemblyman David Goldwater, Senator Randolph Townsend, Assembly Majority Leader Barbara Buckley, Senate Majority Leader Bill Raggio and Governor Kenny Guinn.

This is the only bill in any state to provide coverage of clinical trials for CFIDS treatment. Congratulations to Nevada for its leadership in this important area. We encourage other states to provide the same support for CFIDS research and for improving the quality of life for patients and their families.

Thanks go to Bob Patton for his assistance with this article.