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Original Article

Moving Ahead in Cancer Research: Who Pays for Patient Supportive Care for Participation in Experimental/Investigational Trials?

Pages 85-92 | Published online: 11 Jun 2009

References

  • , Primarily supported since 1980 under an affiliation agreement between CCCF and the national office of the American Cancer Society
  • 1980, Zuckerberg v. Blue Cross and Blue Shield of Greater New York, 487 NY2d 595 (NY App. 1985Miskofsky v. Ohio Casualty Ins. Co.497 A.2d 223 (N.J. Super. 1984Wehmeyer v. PrudentialN.J. Sup. Ct. Civ. No. L-18383-81;R.A., et al v. PrudentialDocket No. L8093-79 (N.J. Super. Ct. Law Div. August 6 1982 bench slip opinion; Cf.,Wilson v. Travelers Ins. Co.605 P.2d 1327, 1329 n5 (Okla.
  • 1973, Weinberger, v. Hynson, Wescott & Dunning 412 U.S. 609
  • , See 45 Fed. Reg. 37858,37860 (June 5 1980 at which the Health Care Financing Administration agreed to pay for drugs listed and made available for the treatment of certain types of cancer through the National Cancer Institute's Cancer Therapy Evaluation Program since listing by NCI was believed to demonstrate efficacy
  • Cline LS, Rosten KA. The Effect of Policy Language on the Containment of Health Care Cost. Tort & Insurance L.J. 1985; 21(120)122, See discussion generally
  • , See, e.g., Mclaughlin v. Connecticut General Life Insurance Company, 565 F. Supp 434 (N.D. Cal.1983Wilson v. Travelers, 605 P.2d 329 (Okla.1980Zuckerberg v. Blue Cross and Blue Shield of Greater New York, 119 Misc. 2d 834, 464 NYS 2d 678 (N.Y. Sup.1983reversed, 487 NY2d 595 (App.1985; Shumake v. Travelers Insurance Co., Docket No. 81-5769-CK, slip opinion (Mich. Co. Cir. Ct., Jan. 61984
  • , Group Hospitalzation, Inc. v. Levin, 305 A.2d 248 (D.C. App.1973: ‘[The Court is] Not unmindful of the rising costs of medical insurance and recognizes that unless the term ‘necessary medical services’ is given a literal meaning, the availability of insurance… could be abused by patients and oversolicitous physicians to the point of destroying the actuarial basis of current premium rates.’
  • , Zuckerberg v. Blue Cross and Blue Shield of Greater New York, 487 NYS 2d 595 (April 81985: ‘…the denial of coverage by defendant Blue Cross for the Gerson therapy Mr. Zuckerberg received at La Gloria will not discourage the development and acceptance of legitimate innovative methods of treating cancer. It will, rather have the desirable effect of affording greater protection to the general public and, in particular, cancer patients who are especially vulnerable to unfounded claims of miraculous cures. Specifically, our decision will insure that the treatment rendered on behalf of patients is administered in facilities comporting with certain minimal standards and that its effectiveness has been adequately demonstrated by studies conducted in accordance with appropriate scientific methodology before the resources of a major health insurer are utilized to support it.’
  • , Zuckerberg v. Blue Cross and Blue Shield of Greater New York, 487 NYS 2d 595 (‘…our decision will insure that the treatment rendered on behalf of patients… effectiveness has been adequately demonstrated by studies conducted in accordance with appropriate scientific methodology before the resources of a major health insurer are utlized to support it.’); Miskofsky v. Ohio Casualty Ins. Co., 497 A.2d 223 (N.J. Super.1984
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  • , See, e.g., Mr. Sinai Hospital v. Zorkeh et al., 271 N.Y.S. 2d Series 1012, 1016, 1018 (NY1966; Fassio v. Montana Phys. Service, 553 P. 2d 998, 1000–1001 (Mont.1976; Doe v. State of Minnesota, 257 NW 2d 816, 821 (Minn.1977
  • , See, e.g., Petrovich v. California Western States Life Insurance, Docket No. 3106–85, Sup. Ct. of Calif., Sacramento County, May 171984 and Guilot v. Cherry, Docket No. 79–4371, U.S. District Court for the Eastern District of Louisiana
  • , Personal communication from Dr. Karen Antman and Dr. Robert Wittes. The Cancer Therapy Evaluation Program has been collecting some data on the exposure of insurers to use in a dialogue with insurers on picking up costs
  • Health Letter 1987; 3(10)1–4
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  • , See, e.g., notes 1,3,7,8 supra.
  • , For example, aerosolized pentamidine, prophylactically for AIDS, is paid for under waiver by many companies on this basis or on the basis that it reduces costs by obviating the need for frequent hospitalizations
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  • Investigational new drug, antibiotic and biological drug product regulations; Procedures for drugs intended to treat life-treatening and severely debilitating illnesses; interim rule. Food and Drug Administration 1988; 54
  • , See Vincent B. Odenwaller v. Aetna Life Insurance Company, Docket No. K86-283CA4. Opinion of May 271988. U.S. District Court for the Western District of Michigan
  • , Yeng Sue Chow v. Levi Strauss & Company, 122 Cal. Rptr. 8161975
  • , Petrovich v. California Western States Life Insurance, Docket No. 3106–85, Sup.Ct. of Calif., Sacramento County, May 171984. See also, Guilot v. Cherry, Docket No. 79–4371, U.S. District Court for the Eastern District of Louisiana
  • , 17 Am. Jr. 2d Section 242
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  • , Thomas v. Gulf Health Plan et al., Docket Civ. A. No. 88-0265-BH-M, Opinion of June 151988
  • , According to Judge Hand, in February of1988the Blue Cross Medical review committee recommended that ABMT be classified as no longer experimental or investigational for some stages of Hodgkin's and for neuroblastoma, ALL and ANLL
  • Gaffney Kaiser V., et al, No. 86–5367 (S.D., N.Y.)
  • 1973, Group Hospitalization, Inc. v. Levin305 A.2d 248 (D.C. A)pp.
  • , Free v. Travelers Insurance Company, 551 F. Supp. 554, 560 (D. Ct. Md.1982
  • , The Employee and Retirement Income Security Act (ERISA) of1974 was intended to provide uniform federal regulation of employee benefit plans. As a result, ERISA exempts self-insured employee benefit plans, including health benefit plans, from state regulation
  • , The Belmont Report. DHEW Publication No. (05)78–00121978p 3
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