71-9605 – Manufacturer of investigational drug, biological product, or device; powers.
71-9605. Manufacturer of investigational drug, biological product, or device; powers. A manufacturer of an investigational drug, biological product, or device may make the treatment available pursuant to the Investigational Drug Use Act. An eligible patient may request the manufacturer’s investigational drug, biological product, or device for treatment pursuant to the act. The act does not […]
71-9606 – Manufacturer; provide without compensation.
71-9606. Manufacturer; provide without compensation. A manufacturer may provide an investigational drug, biological product, or device to an eligible patient without receiving compensation. Source Laws 2018, LB117, § 6.
71-9607 – Death of patient; effect on debt.
71-9607. Death of patient; effect on debt. If an eligible patient dies while being treated by an investigational drug, biological product, or device, the manufacturer may not seek reimbursement for any outstanding debt related to the treatment or lack of insurance due to the treatment from the eligible patient’s or his or her caretaker’s estate. […]
71-9608 – Good-faith recommendation; effect on discipline or adverse licensure action.
71-9608. Good-faith recommendation; effect on discipline or adverse licensure action. A good-faith recommendation to an eligible patient regarding access to treatment with an investigational drug, biological product, or device shall not subject the health care provider to discipline or an adverse licensure action. This section does not preclude any penalties under federal law, including 42 […]
71-9609 – Treating physician.
71-9609. Treating physician. A treating physician while acting in good faith in the course of his or her professional practice as authorized by the Investigational Drug Use Act may not be subject to arrest, prosecution, penalty, or denial of any right or privilege granted otherwise. Source Laws 2018, LB117, § 9.
71-9610 – Official, employee, or agent of the state.
71-9610. Official, employee, or agent of the state. No official, employee, or agent of this state may block or attempt to block an eligible patient’s access to an investigational drug, biological product, or device. Counseling, advice, or recommendations consistent with medical standards of care from a licensed health care provider is not a violation of […]
71-9611 – No private cause of action created.
71-9611. No private cause of action created. The Investigational Drug Use Act does not create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against another person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any […]
71-9509 – Direct agreement; sale or transfer; written consent.
71-9509. Direct agreement; sale or transfer; written consent. A direct agreement shall not be sold or transferred by either party without the written consent of the other party to the direct agreement. Source Laws 2016, LB817, § 9.
71-9510 – Direct provider; acceptance of payments from medical assistance program.
71-9510. Direct provider; acceptance of payments from medical assistance program. Subject to the restrictions established in the Direct Primary Care Agreement Act, a direct provider may accept payment of direct service charges directly or indirectly from the medical assistance program under the Medical Assistance Act or any entity contracting with the State of Nebraska to […]
71-9511 – Direct provider; primary care services; payment.
71-9511. Direct provider; primary care services; payment. A direct provider may provide primary care services to a patient who is not a party to a direct agreement with that provider and may receive payment for the services. Source Laws 2016, LB817, § 11.