1. Patient;
2. Parent, if the patient is a minor;
3. Legal guardian; or
4. Patient advocate designated by the patient under the Uniform Health-Care Decisions Act, Section 41-41-201 et seq.; and
1. An explanation of the currently approved products and treatments for the disease or condition from which the patient suffers;
2. An attestation that the patient concurs with his or her physician in believing that all currently approved and conventionally recognized treatments are unlikely to prolong the patient's life;
3. Clear identification of the specific proposed investigational drug, biological product or device that the patient is seeking to use;
4. A description of the potentially best and worst outcomes of using the investigational drug, biological product or device and a realistic description of the most likely outcome. The description shall include the possibility that new, unanticipated, different, or worse symptoms might result and that death could be hastened by the proposed treatment. The description shall be based on the physician's knowledge of the proposed treatment in conjunction with an awareness of the patient's condition;
5. A statement that the patient's health plan or third-party administrator and provider are not obligated or required to pay for any cost of any investigational drug, biological product or device or for any care or treatments consequent to the use of the investigational drug, biological product or device, unless they are specifically required to do so by law or contract;
6. A statement that the patient's eligibility for hospice care may be withdrawn if the patient begins curative treatment with the investigational drug, biological product or device and that care may be reinstated if this treatment ends and the patient meets hospice eligibility requirements; and
7. A statement that the patient understands that he or she is liable for all expenses consequent to the use of the investigational drug, biological product or device and that this liability extends to the patient's estate, unless a contract between the patient and the manufacturer of the drug, biological product or device states otherwise. The patient's health plan or third-party administrator are not liable for any outstanding debt related to the treatment or lack of insurance consequent to the use of the investigational drug, biological product or device.
The immunity provided under this subsection (10) is fully applicable to the owner of a hospital or other licensed health care facility rendering services to an eligible patient where the investigational drug is used or purchased only with regard to the use of the investigational drug, biological product or device at the facility.
Structure Mississippi Code