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Patients' Rights Bill Boosts Hope For Cancer Patients

By Judy Holland, Hearst Newspapers

WASHINGTON -- The patients rights' legislation that passed by the Senate last week held some good news for cancer patients seeking to participate in federal clinical trials.

In some instances, the bill would require managed care providers to pay for costs related to the trials.

A patient in a clinical trial agrees to undergo an experimental treatment so researchers can test a new drug, device, or combination of already approved treatments that have shown promise. Such trials are often the last recourse for patients who haven't been helped by traditional therapies.

While the drug company or the manufacturer picks up the cost of the new treatment, other expenses such as hospitalization, extra tests and additional doctor visits often are not paid for by either the drug company or the patient's managed care plan.

Many would-be trial participants are deterred from taking part because those extra expenses -- for an extra CT scan or a surgical procedure that might be needed to monitor potential affects of a new treatment -- can run into the thousands of dollars.

The Senate measure would require some managed care providers to pay ``routine patient costs'' of cancer clinical trials sponsored by the National Institutes of Health, the Department of Veterans Affairs or the Department of Defense.

Federal researchers are now conducting more than 2,000 cancer clinical trials. Such trials may have as few as a dozen participants or as many as 30,000.

Sen. Connie Mack, R-Fla., the prime sponsor of the proposal, claimed that cost is the primary reason that only 2 percent of cancer patients agree to take part in clinical trials.

Mack is a survivor of melanoma. His wife, Priscilla, is a breast cancer survivor and their daughter, Debbie, is a cervical cancer survivor. Mack lost his younger brother, Michael to melanoma, his mother died of esophageal cancer and his mother died of kidney cancer.

Sen. Barbara Boxer, D-Calif., complained that valuable medical research is being jeopardized because, she said, HMOs are cutting back on paying costs associated with clinical trials.

``We are starting to see fewer clinical trials because HMOs won't pay,'' she said. ``That not only hurts the patients but stands in the way of research.''

Mack likens participants in clinical trials to astronauts who are willing to risk their lives to push science into new frontiers.

``Cancer clinical trials are one of the most beneficial ways doctors can determine which treatments are most effective against cancer,'' Mack said. He said the new bill ``breaks down the cost barrier and ensures that our family, friends and loved ones are not shut out from receiving promising new treatments simply because of cost.''

The Senate measure would apply to 48 million people who receive health care coverage through large employers who insure themselves by funding their own claims and hiring a managed care provider to administer the plan.

It would not apply to 113 million people with private insurance. And it would not apply to hundreds of clinical trials conducted by pharmaceutical companies and academic medical centers.

The House has yet to consider patients' rights legislation.

Mary McCabe, director of the office of clinical research promotion for the National Cancer Institute, the nation's chief cancer funding agency, said the Senate legislation is ``very important good news for the oncology community. It's an opportunity both for patients and for researchers to conduct clinical trials and get important answers to cancer questions.''

The Senate rejected a proposal sponsored by Sen. Christopher J. Dodd, D-Conn., that would have required health plans to pay costs connected with all federally sponsored clinical trials, including clinical trials of diseases such as AIDS, Parkinsons and Alzheimers disease, multiple sclerosis, diabetes and Lupus.

Sens. Bill Frist, R-Tenn., a physician who takes a leadership role on almost all health-related legislation, said Republicans decided to limit the coverage to cancer patients because they didn't ``want to impose exorbitant costs'' on managed care providers.

Frist said the Democratic proposal ``opens the door so broadly it has the potential for premiums to skyrocket.'' He said there isn't enough data on clinical trials for diseases other than cancer to know how much the associated costs could be.

The GOP legislation would set up a panel to determine by 2000 which ``routine patient costs'' should be paid by insurers.

Carmella Bocchino, vice president for medical affairs for the American Association of Health Plans, which represents the managed care industry, says it's unclear how much money is involved in ``costs associated with routine patient care.''

``You could put five people in a room and ask them to define routine patient care and you'd get six different answers,'' she said. ``There could be a whole slew of tests'' needed to take part in a trial.


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