Bill description: SB 1097 would obligate health insurers to continue coverage for persons who are participating in a clinical trial.

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Does it give government any new, additional, or expanded power to prohibit, restrict, or regulate activities in the free market? Conversely, does it eliminate or reduce government intervention in the market?

SB 1097 would mandate that all health insurance companies continue to provide health insurance to individuals on their plan, even those taking part in a clinical trial for medical research. The insurer would be obligated to provide the same level of insurance to the individual taking part in the trial as it would if the person was not taking part. Additionally, the insurer would not be permitted to cancel or choose not to renew coverage on a plan for that person.

Mandates such as this prohibit insurers from making sound business decisions and have the consequence of increasing health insurance rates for everyone. If an insurance company is forced to provide coverage to an individual who has chosen to undergo a Phase I clinical trial, which is a preliminary trial to test the safety of a drug or device, then an insurer might see an increase in the costs that it passes on to other consumers.

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