Committee hears "right to try" bill for individualized treatments; regulator urges clarity on consent and estate liability

The House Committee on Health and Human Services heard Senate Bill 250, a proposal to enact a “right to try for individualized treatments” that would allow manufacturers to provide an individualized investigational treatment to an eligible patient — defined in the bill as someone with a life‑threatening or severely debilitating illness who has exhausted other FDA‑approved options and has a physician recommendation.

Carly (committee staff) summarized the bill’s provisions, including definitions, a manufacturer’s option (rather than requirement) to provide treatment, provisions that allow but do not require insurers or governmental payers to cover costs, and language shielding manufacturers and providers from a private cause of action in some circumstances. The staff summary noted that the bill passed the Senate…