Detailed Summary

Access to Cancer Clinical Trials Act of 2008 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to prohibit a group health plan from: (1) denying an eligible participant or beneficiary participation in clinical trials related to the treatment of cancer that are federally funded or conducted under an investigational new drug application reviewed by the Food and Drug Administration (FDA); (2) denying (or limiting or imposing additional conditions on) the coverage of routine patient costs for items and services furnished in connection with such participation; or (3) discriminating against an individual on the basis of such participation. Includes as routine patient costs all items and services provided in the clinical trial that are otherwise generally available to a qualified individual, with certain exceptions.

Applies such prohibitions to coverage offered in the individual market.

Requires the Secretary of Health and Human Services to study the impact on group health plans and health insurance issuers of requiring them to cover routine patient care costs for individuals with serious and life threatening diseases other than cancer.

Status of the Legislation

Latest Major Action: 5/8/2008: Referred to Senate committee. Status: Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Points in Favor

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Points Against

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