Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER XXV — REQUIREMENTS RELATING TO HEALTH INSURANCE COVERAGE › Part A — Individual and Group Market Reforms › Subpart I — General Reform › § 300gg–8
Health plans and insurance companies must let people in the plan join approved clinical trials for cancer or other life‑threatening conditions. They cannot stop someone from joining, refuse to pay for the usual care related to the trial, or treat them worse because they are in the trial. "Routine patient costs" means the regular items and services the plan normally covers for someone not in a trial. It does not include the experimental drug, device, or service itself, items used only to collect research data, or services that clearly go against accepted medical care. A "qualified individual" is someone in the plan who is eligible for a trial under the trial rules and who either has a participating doctor saying the trial is right for them or can show medical evidence that it is appropriate. Plans may require using participating (in‑network) trial providers if those providers will accept the patient. Plans do not have to pay for out‑of‑network trial care unless they normally cover out‑of‑network care. An "approved clinical trial" is a phase I, II, III, or IV trial for cancer or a life‑threatening condition that is funded or approved by agencies like the National Institutes of Health, CDC, AHRQ, CMS, certain cooperative groups or qualified non‑government research entities, or by the Department of Veterans Affairs, Department of Defense, or Department of Energy if the study passed peer review like the NIH process; it also includes trials under an FDA investigational new drug application or FDA‑exempt drug trials. Plans may offer more coverage, this applies to federal employee plans, and state laws that give greater protections still apply.
Full Legal Text
The Public Health and Welfare, Source: USLM XML via OLRC
Legislative History
Reference
Citation
42 U.S.C. § 300gg–8
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110