Rhode Island Cancer Council, Inc.
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It's The Law!:  Part I

From the desk of the Executive Director, RI Cancer Council, Inc. Arvin S. Glicksman, M.D.
July 2000

The people of the State of Rhode Island have benefited in recent years from legislative initiatives that assure medical care for cancer and for important cancer detection programs that may otherwise have been problematic at best. The State laws require that health insurance sold in Rhode Island will cover an annual mammogram for women starting at age 40. For women over the age of 65, Medicare provides coverage of mammograms every year or two. Women under the age of 40 may not be denied mammograms by their health insurers if they are in a high risk group. For women without health insurance, the State Health Department has received funds from the Centers for Disease Control (a federal health program) to support mammograms for underinsured and non-insured women between the ages of 50 and 64. In the last legislative session, the Rhode Island Cancer Council and the State Department of Health were asked to implement a program for women between the ages of 40 and 49 who cannot afford health insurance or are underinsured. The problem does not stop with access to mammography. A portion of women will have questionable or positive mammograms that will require further attention and the new program will support investigation of positive mammograms and secure appropriate treatment, if required. We are hopeful that underinsured and non-insured women will avail themselves of mammograms, knowing that if they will be in need of care, it will be provided.

Rhode Island was one of the first states to require health insurers to support 48 hour hospital stay for women who require a mastectomy. The era of the "drive-thru" mastectomy has not been a problem in Rhode Island. Women and their surgeons make the decision on length of stay in the hospital. Furthermore, reconstructive surgery, if necessary, is covered by health insurers in Rhode Island. For further information on these laws and regulations, check with the Department of Health or call the Rhode Island Cancer Council (728-4800).

Clinical trials in the management of cancer bring state-of-the-art care and an opportunity to receive treatment that might be an improvement over standard care. Recognizing the importance of clinical trials, Rhode Island was the first state in the Union to require health insurers to cover the cost of clinical trials that are performed in recognized institutions that have the clinical capacity to do these trials, have an Institutional Review Board that oversees the management of these trials, have a properly executed Informed Consent Form, and the study is an approved study of the National Cancer Institute, one of its designated Cancer Centers, or a national Veterans' Administration Study. Costs of all tests, medications, and medical care are covered for Rhode Islanders participating in Clinical Trials. After the experience here in Rhode Island, eight other states have now passed similar legislation. President Clinton has recently executed an Executive Order requiring Medicare to cover clinical trials under similar circumstances. At the present time there are over 100 clinical trials for most cancer available through participating physicians in practically every part of the State. For more information about clinical trials open to Rhode Islanders, check the Rhode Island Cancer Council website (http://www.ricancercouncil.org/resources/trials.php).

Rhode Island was one of the first states to enact legislation for "off-label" medications for cancer treatment. When the FDA approves a drug or other form of treatment of cancer, it is usually stipulated for a specific cancer site; however, as research proceeds and results are reported indicating that these drugs or procedures have been beneficial in other sites, physicians in Rhode Island have the privilege of initiating treatment with these approved drugs before the FDA adds the particular cancer to their list of approved indications. This makes useful drugs and procedures available to cancer patients a year or two ahead of FDA approval and the costs of these are covered by the health insurers in Rhode Island.

The Rhode Island Cancer Council is currently listing all laws relating to cancer detection and treatment, and support programs which are the subject of specific laws enacting by the State Legislature. Within the next six months these will be listed at our website. They will be abstracted in a form that laymen will be able to understand and help people know what is the law.

(Part 1 of a two-part series - Click here for Part 2)

For more information and answers to specific questions contact the Rhode Island Cancer Council at Tel@ricancercouncil.org or call us at (401) 728-4800 or toll free 866-879-4100.

IT IS EASIER TO PREVENT CANCER THAN TO TREAT IT.




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