Victory for Public Health: ACS CAN Applauds Decision to Reject Flawed Biomarker Legislation

The American Cancer Society Cancer Action Network is Encouraged as Flawed Biomarker Legislation Does Not Pass

March 11, 2024

The following is a statement from Doug Hogan, government relations director for the American Cancer Society Cancer Action Network (ACS CAN) in West Virginia:

"The American Cancer Society Cancer Action Network (ACS CAN) applauds the Senate for not supporting House Bill 4753, the biomarker testing legislation, which was supposed to allow West Virginians to get the testing they need and not fall farther behind other states. West Virginia patients deserve access to proven and necessary biomarker tests that can allow them to benefit from the right treatments at the right time – often leading to improved health outcomes, better quality of life, and ultimately cost savings – but this legislation fell short of those goals. 

“Biomarker testing and precision medicine are helping extend and improve lives by tailoring care and treatment to a person’s specific type of cancer. ACS CAN had been excited about the opportunity to improve access to care for West Virginians facing cancer and other diseases. However, due to amendments that stripped the bill of any meaningful improvement in access, ACS CAN and 36 other organizations opposed the legislation because lawmakers can and must do better to ensure patients in West Virginia have similar access to testing that is now covered in more than a dozen other states.

“ACS CAN looks forward to working with the legislature on this issue in the future.”

In 2024, approximately 4,750 West Virginians will die from cancer. Improved access to biomarker testing can connect more patients to the most effective treatments, enabling more patients to live longer and have a better chance of surviving cancer. 

For more information on precision medicine, cancer biomarkers, current barriers to biomarker testing and ACS CAN’s policy recommendations, visit


About ACS CAN 
The American Cancer Society Cancer Action Network (ACS CAN) makes cancer a top priority for policymakers at every level of government. ACS CAN empowers volunteers across the country to make their voices heard to influence evidence-based public policy change that improves the lives of people with cancer and their families. We believe everyone should have a fair and just opportunity to prevent, find, treat, and survive cancer. Since 2001, as the American Cancer Society’s nonprofit, nonpartisan advocacy affiliate, ACS CAN has successfully advocated for billions of dollars in cancer research funding, expanded access to quality, affordable health care, and advanced proven tobacco control measures. We’re more determined than ever to stand together with our volunteers to end cancer as we know it, for everyone. Join the fight by visiting 

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