Oklahoma § 63-3091.3 - Manufacturers' rights – Insurance coverage – Liability

§ 63-3091.3. Manufacturers' rights – Insurance coverage – Liability

of patients' heirs.

A. A manufacturer of an investigational drug, biological

product or device may make available the manufacturer's

investigational drug, biological product or device to eligible

Oklahoma Statutes - Title 63. Public Health and Safety

patients pursuant to the Right to Try Act. An investigational drug,

biological product or device may be made available through a

pharmacy. This act does not require that a manufacturer make

available an investigational drug, biological product or device to

an eligible patient.

B. A manufacturer may:

1. Provide an investigational drug, biological product or

device to an eligible patient without receiving compensation; or

2. Require an eligible patient to pay the costs of, or the

costs associated with, the manufacture of the investigational drug,

biological product or device.

C. A health insurance carrier may, but is not required to,

provide coverage for the cost of an investigational drug, biological

product or device.

D. An insurer may deny coverage to an eligible patient from the

time the eligible patient begins use of the investigational drug,

biological product or device through a period not to exceed six (6)

months from the time the investigational drug, biological product or

device is no longer used by the eligible patient; provided, that

coverage may not be denied for a preexisting condition and for

coverage for benefits which commenced prior to the time the eligible

patient begins use of such drug, biological product or device.

E. If a patient dies while being treated by an investigational

drug, biological product or device, the patient's heirs are not

liable for any outstanding debt related to the treatment or lack of

insurance due to the treatment.

Added by Laws 2015, c. 112, § 3, eff. Nov. 1, 2015.