Assembly Bill A1035

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1035
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. GOTTFRIED, PAULIN, GUNTHER, L. ROSENTHAL, CAHILL,
   GALEF,  ENGLEBRIGHT,  JAFFEE,  ZEBROWSKI,  LUPARDO,  ABINANTI,  PERRY,
   WEPRIN, D'URSO -- Multi-Sponsored by -- M. of A. CARROLL -- read  once
   and referred to the Committee on Health
 
 AN  ACT  to amend the public health law, in relation to establishing the
   clinical trial access and education fund
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public health law is amended by adding a new section
 2424 to read as follows:
   § 2424. CLINICAL TRIAL ACCESS AND EDUCATION FUND. 1. DEFINITIONS.  FOR
 THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A. "ELIGIBLE APPLICANT" MEANS (I) A MEDICAL  SCHOOL  THAT  SPONSORS  A
 CLINICAL  TRIAL,  (II) A NOT-FOR-PROFIT ORGANIZATION WITH EXPERIENCE AND
 EXPERTISE WORKING  WITH  PATIENTS  WITH  LIFE-THREATENING  OR  DISABLING
 CONDITIONS OR DISEASES, (III) A HEALTH CARE PROVIDER ORGANIZATION, ASSO-
 CIATION  OR  SOCIETY, (IV) A GENERAL HOSPITAL DEFINED IN ARTICLE TWENTY-
 EIGHT OF THIS CHAPTER, (V) A COUNTY OR CITY HEALTH DEPARTMENT, OR (VI) A
 MUNICIPALITY.
   B. "CLINICAL TRIAL" SHALL HAVE THE  SAME  MEANING  AS  IN  SUBDIVISION
 TWO-B OF SECTION FORTY-NINE HUNDRED OF THIS CHAPTER.
   2.  ESTABLISHMENT  OF  FUND.  THERE  IS  HEREBY ESTABLISHED WITHIN THE
 DEPARTMENT A CLINICAL TRIAL ACCESS AND EDUCATION FUND. SUBJECT TO APPRO-
 PRIATIONS, THE DEPARTMENT SHALL PROVIDE GRANTS TO ELIGIBLE APPLICANTS ON
 A COMPETITIVE REQUEST FOR PROPOSAL BASIS TO PROVIDE ONE OR MORE  OF  THE
 FOLLOWING SERVICES TO PATIENTS WITH LIFE-THREATENING OR DISABLING CONDI-
 TIONS  OR  DISEASES,  AS  SUCH  TERMS  ARE DEFINED IN SECTION FORTY-NINE
 HUNDRED OF THIS CHAPTER, TO FACILITATE ACCESS TO OR EDUCATION  ON  CLIN-
 ICAL TRIALS OF TREATMENTS FOR THE PATIENT'S CONDITION OR DISEASE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03367-01-9
              

 A. 1035                             2
 
   A. TRANSPORTATION SERVICES AND LODGING TO PROVIDE PATIENTS WITH ACCESS
 TO CLINICAL TRIALS OR OTHER RELATED TREATMENTS WHILE ENROLLED IN A CLIN-
 ICAL  TRIAL OR TO ACCESS TESTING AND OTHER SERVICES TO DETERMINE PATIENT
 ELIGIBILITY FOR A CLINICAL TRIAL;
   B.  PATIENT OUTREACH AND EDUCATION SERVICES TO EDUCATE PATIENTS, THEIR
 FAMILIES AND HEALTH CARE  PROVIDERS  ABOUT  THE  EXISTENCE  OF  AND  HOW
 PATIENTS  MAY ENROLL IN CLINICAL TRIALS, UNDER SECTION TWO HUNDRED SEVEN
 OF THIS CHAPTER; AND
   C. PATIENT NAVIGATION SERVICES TO HELP PATIENTS TO DETERMINE  IF  THEY
 ARE ELIGIBLE FOR CLINICAL TRIALS, TO HELP PATIENTS TO ENROLL IN CLINICAL
 TRIALS  AND TO ASSIST PATIENTS IN DEALING WITH INSURANCE OR OTHER ISSUES
 WHICH SERVE AS BARRIERS TO PATIENT ENROLLMENT IN CLINICAL TRIALS.
   3. APPLICATIONS. THE COMMISSIONER SHALL ESTABLISH AN APPLICATION PROC-
 ESS BY WHICH ELIGIBLE APPLICANTS  MAY  APPLY  FOR  A  GRANT  UNDER  THIS
 SECTION.  THE APPLICATION SHALL INCLUDE:
   A. THE GEOGRAPHIC AREA IN WHICH THE SERVICES SHALL BE PROVIDED;
   B. A DETAILED DESCRIPTION OF THE SERVICES TO BE PROVIDED;
   C.  APPLICANT'S EXPERIENCE WORKING WITH PATIENTS WITH LIFE-THREATENING
 OR DISABLING CONDITIONS OR DISEASES;
   D. APPLICANT'S ABILITY TO PROVIDE PATIENT OUTREACH OR  CLINICAL  TRIAL
 EDUCATION  AND NAVIGATION SERVICES, OR COORDINATE OR PROVIDE TRANSPORTA-
 TION AND LODGING FOR PATIENTS; AND
   E. ANY OTHER INFORMATION THAT  THE  COMMISSIONER  DEEMS  RELEVANT  AND
 APPROPRIATE.
   THE COMMISSIONER SHALL GIVE PREFERENCE TO ELIGIBLE APPLICANTS WHO HAVE
 EXPERIENCE  AND EXPERTISE WORKING WITH PATIENTS WITH LIFE-THREATENING OR
 DISABLING CONDITIONS OR DISEASES AND PROVIDING PATIENT OUTREACH,  EDUCA-
 TION AND HEALTH CARE NAVIGATION SERVICES.
   4.  REPORTS. GRANTEES SHALL FILE AN ANNUAL REPORT WITH THE COMMISSION-
 ER, IN SUCH FORM AND WITH SUCH INFORMATION AND DATA AS THE  COMMISSIONER
 PRESCRIBES  DETAILING THE EXPENDITURE OF GRANT FUNDS AND SUMMARIZING THE
 EFFORTS UNDERTAKEN TO INCREASE PATIENT ACCESS TO CLINICAL TRIALS.
   5. THE COMMISSIONER SHALL MAKE  REGULATIONS  REASONABLY  NECESSARY  TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 2. This act shall take effect immediately.