As new research on cancer prevention, treatment and control progresses, there is much to celebrate in the war against cancer. More available cancer prevention information, earlier detection and an increase in treatment options all lead to people living longer. Over the years, state and federal policymakers and health officials have worked diligently to combat cancers by establishing a variety of programs and enacting laws.
However, most experts would agree that the battle is far from over. Cancer is one of the leading causes of death in the U.S. and, according to the American Association of Cancer Care, approximately $183 billion was spent on cancer-related care in 2015. The association estimates the cost of care will increase by 34% ―to $246 billion―by 2030. The American Cancer Society estimates that over 1.8 million new cases of cancer will have been diagnosed and more than 600,000 people will have died of cancer in the United States in 2020. Cancer rates vary by state, often related to historical differences in tobacco use and other lifestyle factors.
Even more grim, cancer has a disproportionate effect on African American populations. The U.S. Department of Health and Human Services Office of Minority Health reports that African Americans have lower five-year survival rates than any other racial and ethnic group. And, they are the most likely population to die from all major types of cancer compared to non-Hispanic white men and women.
As research and policy recommendations for cancer prevention, treatment, control and survivorship are constantly evolving, state and federal lawmakers may face challenges in staying updated and aware of cancer issues. The categories and topics below were derived from the input of scientific experts, patient organizations and other stakeholders who have a deep understanding of cancer-related policies. Please note NCSL provides links to third-party websites for information purposes only and providing these links does not indicate NCSL's support or endorsement of any material.
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Access to Care
Access to treatments and services can critically affect the outcomes of people living with cancer. Delays caused by barriers like affording an insurance copay, being uninsured or finding a provider within one’s network can all postpone or prevent screening and treatment. Policies like the Affordable Care Act and various state mandates have lowered some economic hurdles with zero copays for some cancer screenings and other prevention measures. Resources in this category underscore these issues.
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Access to Insurance
Access to care often hinges on what type of insurance coverage a person has, if any. These resources focus on that intersection.
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Coverage and Cost
A person’s insurance coverage, or lack thereof, often dictates how much they will pay out of pocket, including premiums, copayments, deductibles and coinsurance. Coverage and cost of treatments and prescription drugs are where consumers are likely to face these issues. Resources in this category emphasize this relationship.
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Biomarkers and Precision Medicine
Rather than killing tumor cells like traditional chemotherapy treatments, new targeted cancer therapies act on specific cancer related molecules to block tumor cell growth. Some therapies, like chemotherapy, work through a general mechanism of action. When a precise mechanism of action is known, a treatment can be developed which ‘targets’ a particular tumor. Targeted therapies are part of a broader transformative treatment option referred to as precision, or personalized, medicine.
Precision medicine—which customizes a patient’s treatment based on factors like a person’s genomic profile and physical environment—includes testing for biomarkers. A biomarker is a biological molecule, or molecular marker, found in blood, bodily fluids and tissues. Biomarker testing identifies changes in a person’s genes or proteins, whether disease process is present or not and can identify the specific characteristics of the person's disease. Biomarker testing also provides doctors with specific information about which, if any, targeted therapies might be effective, Biomarker testing may reduce the number of adverse drug reactions a person experiences and some studies link testing to increased chances of survival.
How is Biomarker Testing Used?
Biomarkers are often used in clinical trials and can aid in drug discovery. Instead of relying on natural endpoints such as survival rates, biomarkers can be used as surrogates. One study looking at medicines approved between 2015-2019 in the United States and Europe found approximately 65% were associated with at least one biomarker. On the other hand, some research argues against the use of biomarkers for this purpose, citing that overdependence on surrogate endpoints may lead to unsafe or ineffective treatments.
State Legislation
State
|
Legislation
|
Summary
|
| Arizona |
AZ HB 2144 |
Would require health insurance coverage of biomarker testing when supported by scientific evidence. Enacted |
| California |
CA SB 535
|
Provides for health insurance coverage of genetic testing for various cancer mutations, effective Jan. 1, 2022. Enacted
|
| California |
CA SB 912 |
Provides that biomarker testing shall be covered for the purposes of diagnosis, treatment, appropriate management or ongoing monitoring of a Medi-Cal beneficary's disease or condition only if the test is supported by medical and scientific evidence. Passed Senate Health Committee |
| Georgia |
GA HR 998 |
A resolution recognizing the benefits of biomarker testing as a necessary part of precision medicine; and for other purposes. Adopted. |
| Illinois |
IL HB 1779 |
Provides that a group or individual policy of accident and health insurance or managed care plan amended, delivered, issued, or renewed on or after Jan. 1, 2022, shall include coverage for biomarker testing. Enacted
|
| Illinois |
IL HR 138 |
Declares March 2021 as Precision Medicine and Biomarker Testing Awareness Month in the State of Illinois. Enacted |
|
Iowa
|
IA HR 6 |
A resolution designating the month of March, annually, as Precision Medicine and Biomarker Testing Awareness Month. Adopted
|
| Louisiana |
LA SB 84 |
Requires insurance plans cover genetic and genomic testing including biomarker testing when medically indicated. Enacted
|
| Louisiana |
LA SB 118 |
Makes amendments to SB 84: Clarifies testing must be covered when supported by the sources of evidence in the model bill. Passed House
|
| Massachusetts |
MA SB 808 |
Would remove prior authorization of biomarker testing when a person has metastatic stage 3 or 4 cancer. Introduced
|
| New Hampshire |
NH HB 1290 |
Would establish a task force on precision medicine and biomarker testing. Referred for interim study. |
| New York |
NY SB 105 |
Would require health insurance policies to cover comprehensive genetic screening and FDA approved biomarker testing for ovarian and prostate cancers. Introduced |
| Ohio |
OH HB 608 |
Require health plan and Medicaid coverage of biomarker testing. Introduced. |
| Rhode Island |
RI HB 7587
RI SB 2201
|
Would requires health insurers, nonprofit hospital service corporations, nonprofit medical service corporations and health maintenance organizations that issue policies that provide coverage for biomarker testing on or after 1/1/23. Introduced |
| Washington |
WA HB 1689 |
Would exempt biomarker testing from prior authorization for patients with late stage cancer. Introduced |
Federal Action
Passed in 2016, the bipartisan 21st Century Cures Act includes the Cancer Moonshot—research funded over seven years meant to boost progress in cancer care—and the Precision Medicine Initiative, a national data collection effort. An essential component of the act is developing a Human Tumor Atlas Network that will aid in identifying novel predictive biomarkers. Under the act, a three-stage submission process was developed to qualify biomarkers for use. Now, as the project concludes its fifth year, over $1 billion in funding has supported 240 research projects involving more than 70 organizations.
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Related Topics
Issues related to cancer are often interconnected and can be difficult to narrow into one topic area. Resources under this heading either cross all three topic areas (access, coverage and cost) or other subjects, including health equity and survivorship, which affect people of all ages.
Addressing Health Equity and Disparities in Cancer Care
- Centers for Diesease Control and Prevention – Reducing Cancer Disparties Through Partnerships
- Centers for Diesease Control and Prevention – Continuing Cancer Prevention in Tribal Communities During the Pandemic
- British Journal of Cancer, Zavala et al., "Cancer health disparities in racial/ethnic minorities in the United States"
- Centers for Diesease Control and Prevention – Health Equity in Cancer
- National Comprehensive Cancer Network – Elevating Cancer Equity: Recommendations to Reduce Racial Disparities in Access to Guideline Adherent Cancer Care
- ACS-CAN – Advancing Health Equity - Addressing Cancer Disparities
- Community Oncology Alliance – Disparities in Cancer Care Position Statement
- American Society of Clinical Oncology – Development of an Actionalbe Framework to Address Cancer Care Disparities in Medically Underseved Populations in the U.S.
- National Cancer Institute – Cancer Disparities
- American Lung Association – Summary of Lung Cancer Disparities by Racial and Ethnic Group
- Health disparities and social determinants of health play an influential role in equity and someone’s odds of getting cancer, being screened and long-term outcomes.
- American Society of Clinical Oncology: Nation’s Cancer Doctors Say Bolder, More Aggressive Steps Needed to Achieve Cancer Care Equity
- Journal of American Medical Association, Oncology: Analysis of Risk, Racial Disparity, and Outcomes Among US Patient with Cancer and COVID-19 Infection: In this case-control analysis of electronic medical records from 73.4 million unique patients, patients with a recent diagnosis of cancer were at significantly increased risk for COVID-19 infection and its adverse outcomes, especially in African Americans. Based on these findings, it is important to closely monitor patients with cancer and protect them from exposure to COVID-19 and its severe outcomes.
Cancer Survivorship
Currently, over 16.9 million Americans live in the cancer survivorship stage, which applies to people of all ages and encompasses issues like quality of life, risk of reoccurrence, financial hardship, and regaining and improving health through healthy behaviors. Survivorship also includes caregivers and families of people with cancer. Numerous policies can affect someone’s survivorship stage, as well as those around them. Please see the following links for more information.