Utah Code 58-85-105. Insurance coverage

(1)

This chapter does not:

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Eligible patient: means an individual who has been diagnosed with a terminal illness by a physician. See Utah Code 58-85-102
Insurer: means the same as that term is defined in Section 31A-1-301. See Utah Code 58-85-102
Investigational device: means a device that:

(a)

meets the definition of "investigational device" in 21 C. See Utah Code 58-85-102

Investigational drug: means a drug that:

(a)

meets the definition of "investigational new drug" in 21 C. See Utah Code 58-85-102

(a)

require an insurer to cover the cost of:

(i)	administering an investigational drug under this chapter; or

(ii)	treating a patient with an investigational device under this chapter; or

(b)

prohibit an insurer from covering the cost of:

(i)	administering an investigational drug under this chapter; or

(ii)	treating a patient with an investigational device under this chapter.

(2)	Except as described in Subsection (3), an insurer may deny coverage to an eligible patient who is treated with an investigational drug or investigational device, for harm to the eligible patient caused by the investigational drug or investigational device.

(3)

An insurer may not deny coverage to an eligible patient under Subsection (2) for:

(a)	the eligible patient’s preexisting condition;

(b)	benefits that commenced before the day on which the eligible patient is treated with the investigational drug or investigational device; or

(c)	palliative or hospice care for an eligible patient that has been treated with an investigational drug or device, but is no longer receiving curative treatment with the investigational drug or device.

Amended by Chapter 1, 2018 Special Session 3