Sec. 38a-483c. Coverage and notice re experimental treatments. Appeals.
Sec. 38a-483c. Coverage and notice re experimental treatments. Appeals. (a)
Each individual health insurance policy delivered, issued for delivery, renewed,
amended or continued in this state on or after January 1, 2000, shall define the extent
to which it provides coverage for experimental treatments.
(b) No such health insurance policy may deny a procedure, treatment or the use of
any drug as experimental if such procedure, treatment or drug, for the illness or condition
being treated, or for the diagnosis for which it is being prescribed, has successfully
completed a phase III clinical trial of the federal Food and Drug Administration.
(c) Any person who has been diagnosed with a condition that creates a life expectancy in that person of less than two years and who has been denied an otherwise covered
procedure, treatment or drug on the grounds that it is experimental may request an
expedited appeal as provided in section 38a-226c and may appeal a denial thereof to
the Insurance Commissioner in accordance with the procedures established in section
38a-478n.
(d) For the purposes of conducting an appeal pursuant to section 38a-478n on the
grounds that an otherwise covered procedure, treatment or drug is experimental, the
basis of such an appeal shall be the medical efficacy of such procedure, treatment or
drug. The entity conducting the review may consider whether the procedure, treatment or
drug (1) has been approved by the National Institute of Health or the American Medical
Association, (2) is listed in the United States Pharmacopoeia Drug Information Guide
for Health Care Professionals (USP-DI), the American Medical Association Drug Evaluations (AMA-DE), or the American Society of Hospital Pharmacists' American Hospital Formulary Service Drug Information (AHFS-DI), or (3) is currently in a phase III
clinical trial of the federal Food and Drug Administration.
(P.A. 99-284, S. 15, 60.)
History: P.A. 99-284 effective January 1, 2000.
See Sec. 38a-513b for similar provisions re group policies.