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Kentucky Bill Allows Terminally Ill Patients to Access Customized Experimental Treatments

Original title: AN ACT relating to the use of experimental treatments for life-threatening or severely debilitating illness.

Last action · February 10, 2026: to Health Services (H)Sponsor: Vanessa Grossl

Introduced
Committee
Floor Vote
Passed
Law

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What This Bill Proposed

Kentucky legislation permits manufacturers to provide customized experimental drugs, biological products, or devices to eligible patients with life-threatening or severely debilitating illnesses. The bill protects treating physicians from losing their medical licenses or certifications for recommending these treatments and shields manufacturers and health care providers from lawsuits if they act in good faith. Additionally, patients' estates are protected from inheriting treatment-related debts if the patient passes away.

Why it matters

Patients facing severe illnesses gain legal access to personalized experimental treatments without risking their doctors' professional standing, though insurance plans and third-party administrators are not obligated to cover the associated expenses.

Who It Would Have Affected

Groups the bill's text would have affected, as described in the record. Being affected is not a position for or against it.

Directly affected

Eligible patients

Patients with life-threatening or severely debilitating illnesses gain the legal ability to request and receive customized investigational treatments while assuming financial liability for costs.

Directly affected

Health care providers

Physicians and providers are protected from license revocation, certification loss, and civil liability when recommending individualized investigational treatments in good faith.

Directly affected

Manufacturers

Makers of investigational drugs and devices are granted discretion to supply customized products with or without cost and receive immunity from private right of action under good-faith compliance.

Directly affected

Health insurers and third-party administrators

Insurers retain no legal obligation to pay for care or treatments resulting from the use of individualized investigational products.

Key Facts

  • An eligible patient is defined as an individual with a life-threatening or severely debilitating illness who has considered all FDA-approved options, received a treating physician's recommendation, and provided written informed consent.
  • An individualized investigational drug, biological product, or device is uniquely produced for a single patient based on their genetic profile, such as individualized gene therapies or neoantigen vaccines.
  • Manufacturers operating within an eligible facility may choose to provide experimental treatments without compensation or require patients to pay manufacturing costs.
  • If an eligible patient dies during treatment, the patient's heirs are legally protected from inheriting outstanding treatment-related debts.
Show all 9 facts
  • Licensing boards are prohibited from revoking, suspending, or taking disciplinary action against a Kentucky-licensed health care provider solely for recommending an individualized investigational treatment.
  • The Cabinet for Health and Family Services cannot penalize a health care provider's Medicare or Medicaid certification solely for recommending access to an experimental treatment.
  • State officials, employees, and agents are barred from blocking an eligible patient's access to an authorized experimental treatment.
  • Manufacturers and health care providers are immune from civil lawsuits for harm caused to a patient, provided they made a good-faith effort to comply and exercised reasonable care.
  • Health insurance policies, plans, and third-party administrators are not required to cover costs associated with individualized investigational treatments unless mandated by law or contract.

Frequently Asked Questions

Who qualifies as an eligible patient under this bill?
An eligible patient is an individual with a life-threatening or severely debilitating illness who has explored all FDA-approved treatment options, received a physician's recommendation for a custom investigational product, and completed written informed consent requirements.
Are health insurance companies required to pay for these experimental treatments?
No, insurers, third-party administrators, and governmental agencies are not required to pay for costs associated with treating an eligible patient with an individualized investigational product.
Can a doctor lose their medical license for recommending an experimental treatment?
No, licensing boards cannot revoke, suspend, or take disciplinary action against a Kentucky-licensed health care provider solely for recommending access to or treatment with an individualized investigational product.

What else do you want to know?

News Coverage

No news coverage found yet. Articles are indexed twice daily.

Where This Stands

This bill did not become law - Died at adjournment · in House committee.

Procedural history

2 actions
  1. Feb 10, 2026HouseCommittee
    to Health Services (H)
  2. Feb 3, 2026HouseIntroduced
    introduced in House to Committee on Committees (H)

Version history

Only one version on file - nothing to compare yet. As later stages (committee substitute, engrossed, enrolled) are captured, the redline appears here.

View official text →

Lobbying Activity

No state lobbying filings in our records match this bill. Federal lobbying reports (LDA) cover Congress, so they are not listed on state bills.

Full breakdown

Who this bill affects and the strongest case for and against it, written only from the bill’s own text.

Sponsors

Discoveries

1 pattern noticed across the record

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift95% confidence

Creation of State-Level Framework for Custom Investigational Therapies

The bill creates a formal statutory pathway allowing patients with severe illnesses to access unapproved, patient-specific biological products and gene therapies while shielding providers and manufacturers from liability.

Connected Entities

Kentucky Medicaid program, Cabinet for Health and Family Services, General Assembly of the Commonwealth of Kentucky and 1 more
OrganizationKentucky Medicaid program“State health program whose denial of coverage does not constitute a violation of”Map →
OrganizationCabinet for Health and Family Services“State agency restricted from taking action against provider Medicare or Medicaid”Map →
OrganizationGeneral Assembly of the Commonwealth of Kentucky“Enacting body of the legislation”Map →
OrganizationUnited States Food and Drug Administration“Regulator of approved treatment options”Map →

Sources

Open source document

apps.legislature.ky.gov

Analysis Score

0–100
  • Significance20
    Lowered because this bill did not pass (its text scored 75)
  • Controversy40
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz35
    Current news / social attention level

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