Battling Breast Cancer: New York's Laws Are Not Enough

Authors

Tara Arschin, Benjamin N. Cardozo School of Law

Abstract

The note argues that New York State should mandate insurance coverage for participation in Phase II and Phase III clinical trials for experimental breast cancer treatments, such as HDCABMT, to address gaps in current law and ensure access to potentially life-saving therapies. While New York has progressive laws on breast cancer awareness and treatment rights, its approach to experimental treatment coverage remains inadequate compared to states like California and Massachusetts. The note advocates for legal reforms to eliminate the need for external appeals and reduce litigation, ensuring consistent and equitable access to clinical trials.

Disciplines

Health Law and Policy | Law | Law and Gender | Legislation

Recommended Citation

Tara Arschin, Battling Breast Cancer: New York's Laws Are Not Enough, 13 Cardozo J. Equal Rts. & Soc. Just. 579 (2007).
Available at: https://larc.cardozo.yu.edu/cardozoersj/vol13/iss3/4