SB 72, the “Hope for Georgia Patients Act,” expands Georgia’s existing Right to Try framework to cover not only terminally ill patients, but also patients with severely debilitating or life-threatening illnesses. The bill creates a new article in Chapter 52 of Title 31 governing access to “individualized investigational treatments,” defined as patient-specific drugs, biological products, or devices made for an individual based on that patient’s genetic profile. It also retains and updates the prior terminally ill patient provisions by renaming them as Article 1 of the chapter.
The bill sets eligibility criteria and informed-consent requirements for patients seeking these treatments. A physician must document that the patient has a qualifying illness, has considered FDA-approved options, has been recommended an individualized investigational treatment based on genomic or related analysis, and has signed written informed consent. The consent form must explain approved alternatives, risks, possible worsening or hastened death, insurance limitations, hospice implications, and the patient’s responsibility for costs. The bill also defines eligible facilities and manufacturers and allows them to provide these treatments with or without compensation, but does not require them to do so.
Impact
SB 72 amends Chapter 52 of Title 31 of the Official Code of Georgia Annotated by expanding the state’s right-to-try laws and adding a new statutory scheme for individualized investigational treatments. It changes terminology throughout the chapter, adds new definitions, and creates legal protections and limitations for physicians, manufacturers, facilities, hospitals, insurers, and state agencies. The bill expressly states that coverage is not mandatory, that hospitals are not required to provide additional services, and that state licensing or Medicare certification actions may not be taken solely because a physician recommends such treatment. It also limits liability and bars certain private causes of action when parties comply in good faith and obtain the required consent.
Sentiment
The bill appears to have been broadly supported and noncontroversial in floor votes, passing the Senate 56-0 and the House 161-0. The unanimous votes suggest strong bipartisan agreement on expanding access to experimental or personalized treatments for seriously ill patients. No committee transcripts were provided, so the available record shows support but not detailed debate.
Contention
The main policy tensions in the bill are between expanding patient access and preserving medical, insurance, and liability safeguards. Potential points of contention include whether individualized investigational treatments should be available beyond terminal illness, whether insurers or government programs should ever be required to pay, and how much protection physicians and providers should receive from discipline or lawsuits. The bill also draws lines around what kinds of treatments qualify, excluding embryonic stem cell-derived products and the natural process of aging, and it limits liability protections unless written informed consent is properly obtained.