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MASSACHUSETTS STATUTES AND CODES

Section 47P Off-label use of prescription drugs for HIV/AIDS treatment; advisory panel

Section 47P. The commissioner shall establish an eleven member advisory panel to advise the commissioner on whether off-label uses for HIV/AIDS treatment not included in any of the standard reference compendia or in the medical literature are medically appropriate. The panel shall advise the commissioner whenever a dispute about coverage of such off-label prescription drugs prescribed by a physician is brought to the commissioner. This eleven member panel shall include: (a) three medical infectious disease specialists selected by the Massachusetts department of public health, (b) two physicians selected by the Massachusetts department of public health, (c) one physician representing a nonprofit hospital and medical service corporation, one physician representing health maintenance organizations, and one physician representing commercial insurers; (d) two consumers selected by the Massachusetts department of public health, and (e) one representative from an AIDS service organization or consumer advocacy group selected by the Massachusetts department of public health.

After consulting with said advisory panel, the commissioner may direct an insurer to make payments required by section forty-seven O of chapter one hundred and seventy-five, section eight P of chapter one hundred and seventy-six A, section four O of chapter one hundred and seventy-six B, and section four F of chapter one hundred and seventy-six G.

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