The Medicare Rights Center has secured coverage under the Medicare Part D prescription drug benefit for a New York woman's ovarian cancer treatment, which required a drug that did not have FDA approval for that use.

"This is not only an important policy decision, but also an issue that touches on NYSUT's social justice efforts," said NYSUT Vice President Kathleen Donahue, whose office oversees health care issues for the union. "Women too often represent a medically underserved part of our population."

The Medicare Rights Center's Paul Precht called the decision in the case of cancer patient Judith Layzer a sign for policymakers that coverage decisions on drug treatments should be made case by case, "on the basis of sound evidence, vetted through the peer-review process."

This decision, made by the Part D independent review entity, follows last year's passage of the Medicare Improvements for Patients and Providers Act.

That law clarifies the standard of coverage for drug treatments that are different from the use approved by the Food and Drug Administration.

NYSUT Executive Vice President Alan Lubin serves on the board of the nonprofit Medicare Rights Center, which provides education and information to consumers. NYSUT has been a strong advocate for reform of Part D.