To illustrate the controversy surrounding experimental treatment provisions in general, this Comment examines the case law and resulting legislation pertaining to HDC-ABMT as a treatment for breast cancer. Part I presents background information on autologous bone marrow transplants generally, and how the treatment relates specifically to breast cancer patients. Part II presents a survey of current law regarding coverage of HDC-ABMT for breast cancer. Part III explores the merits and limits of judicial and legislative determinations of whether a particular treatment is covered under an insurance policy. Part III then concludes that while judicial and legislative intervention may be appropriate, these methods fail to uniformly secure treatment for breast cancer sufferers. Part IV presents alternatives to existing judicial and legislative determinations. Specifically, this Comment recommends more expansive legislation that addresses experimental procedure exclusions generally and proposes a model statute.
Jody C. Collins, Experimental Medical Treatments: Who Should Decide Coverage?, 20 SEATTLE U. L. REV. 451 (1997).