'Right to Try' Gives People Hope

"Right to Try" law is helping those with life-threatening health problems have access to experimental drugs and treatment not yet approved for general use.
Updated: February 14th, 2022
James Kelly

Contributor

James Kelly

The federal "Right to Try" law has opened a new pathway for terminally ill patients who have exhausted all other health treatment options and can't get into a clinical trial to access treatments.

The "Right to Try Act" was signed into law by former President Trump on May 30, 2018. This law is another way for patients diagnosed with life-threatening diseases or conditions to seek experimental treatment and medications when no other options are available.

Gravely Ill Now Have Some Hope

Those who are gravely ill now have the right to try an experimental drug that the Food and Drug Administration has not yet approved. Those suffering from grave health issues often don't have access to drugs being tested that could benefit them, but because they are still in the test stage, they have no access to these medications.

The drug companies were hesitant to offer experimental medications to desperate patients, even in the 41 states with their own Right-to-Try laws. The drug companies felt it would be too risky as it could slow down or even stop drug programs and FDA approvals for new medications if there was an adverse effect with one of these experimental medications.

Experimental Medications May Help When There is Little Hope

People suffering from life-threatening health circumstances can now request a medication approved for testing by the FDA but not yet approved for regular use. Many experts say this is a game-changer and last hope, giving people a chance at a treatment or a cure.

The law now gives those with little hope to improve their condition and perhaps extend their lives. 

Read more about the FDA program.

The FDA had already operated an "expanded access" program where seriously ill patients can request experimental treatments. The FDA has now implemented the new expanded "Right-to-Try" program.

The Trump administration had pushed the FDA to be more aggressive in this area. The President wanted the FDA to speed up drug approvals, although FDA officials said it really couldn't get much faster than it was already. The next step was to give people access to experimental drugs when they had little hope for other treatments.

Eligibility for 'Right to Try'

According to the FDA, eligible patients must:

  • Been diagnosed with a life-threatening disease or condition
  • Exhausted approved treatment options and is unable to participate in a clinical trial involving the eligible investigational drug (this must be certified by a physician who is in good standing with their licensing organization or board and who will not be compensated directly by the manufacturer for certifying)
  • And has provided, or their legally authorized representative has provided, written informed consent regarding the eligible investigational drug to the treating physician.

Health Care Advances Help Us Live Longer Lifes

Medical advances are being made every month. Better treatments, medications, and preventions help us live longer, better lives. The problem with longevity is long-term care. The longer we live, the more likely we will need help with daily living activities or supervision due to dementia. 

Aging itself is a risk for long-term care. At some point, our bodies deteriorate, and our minds decline. Long-term health care is expensive and not covered by health insurance, including Medicare and supplements. Medicaid will pay for this type of care but only if you have little or no income or assets. 

The solution for many American families is Long-Term Care Insurance. LTC Insurance will pay for your choice of quality care options, including care in your home. Because professional long-term care is expensive, LTC Insurance will protect your income and assets from these ever-increasing costs and burdens otherwise placed on family members.

There is no cure or treatment for aging or dementia. Aging happens. Being prepared for the costs and burdens of aging is a vital part of retirement planning. Most people obtain coverage in their 50s before their health starts to decline.

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