Compassionate Access and Expanded Access — Getting an Unapproved Cancer Drug in India
Compassionate access programs allow patients with no other licensed options to apply for a cancer drug that has not yet been approved in India. Several pathways exist — through the drug regulator CDSCO, through pharmaceutical company assistance programs, and through state government schemes. You do not have to navigate this alone.
Medically reviewed by Dr. Bharati Devi Gorantla, Medical Oncologist, MBBS · MD · DM (Adyar, Chennai) · ECMO · MRCP SCE (UK) · Last reviewed August 2026
- Not a clinical trial — Compassionate access is for people who cannot enter a trial and have no licensed treatment remaining. A trial is a separate pathway with different criteria.
- CDSCO regulates the formal route — In India, the drug regulator CDSCO must approve any supply of an unapproved drug. Your hospital applies — you do not apply directly.
- Pharma companies run their own programs — Patient assistance programs from drug manufacturers are separate from CDSCO and often the faster, more accessible route for approved drugs not covered by your scheme.
- A counsellor can open doors — A trained hospital counsellor can contact companies directly, identify schemes you qualify for, and handle paperwork on your behalf.
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Compassionate access programs allow you to apply for an unapproved cancer drug when no licensed alternative exists. In India, this is regulated by CDSCO under the New Drugs and Clinical Trials Rules 2019. Pharmaceutical companies also run free or subsidised patient assistance programs. A hospital counsellor can identify which programs you may qualify for and apply on your behalf.
Which scheme can help pay for your cancer drug?
| Scheme | Who qualifies | What it covers | Your out-of-pocket cost (indicative) |
|---|---|---|---|
| CDSCO Compassionate Use | Serious or life-threatening condition; no approved alternative in India; hospital submits the application | The specific unapproved drug, legally supplied for a named patient | Free to full price — set entirely by the manufacturer; CDSCO does not fix or subsidise the cost |
| Pharma Company Patient Assistance Program (PAP) | Income-tested; oncologist or hospital must apply; each company sets its own criteria | Free or heavily subsidised supply of the company's own drug | Nil to nominal if approved; terms vary by company and are reviewed periodically |
| PM-JAY (Ayushman Bharat) | Government-issued PM-JAY card; family income below the scheme ceiling | Listed cancer drugs, surgeries, and chemotherapy up to the annual package ceiling | Nil for covered treatments within the package; drugs not on the list are not covered |
| Aarogyasri (Telangana) | Telangana resident with a valid ration card; treatment at an empanelled hospital | Listed cancer surgeries, chemotherapy, and radiotherapy | Nil for listed procedures; many newer cancer drugs are not yet listed |
| YSR Aarogyasri (Andhra Pradesh) | AP resident with a white or pink ration card; treatment at an empanelled hospital | Similar scope to Aarogyasri; the drug and procedure list is updated periodically by the state | Nil for listed procedures; unlisted drugs are not covered |
| Clinical trial (if eligible) | Cancer type, stage, and prior treatment history must match the open trial's criteria; oncologist refers you | Investigational drug provided free by the trial sponsor for the duration of the trial | Nil for the drug; travel and accommodation are not covered by the sponsor |
What documents do you need to apply?
- Your latest pathology and biopsy reports, including any biomarker or molecular testing results
- A summary letter from your oncologist stating your diagnosis, stage, and why standard treatments are not suitable or have been exhausted
- An income certificate or ration card, if you are applying for a government scheme or income-tested assistance program
- Your PM-JAY card number or Aarogyasri / YSR Aarogyasri card, if you hold one
- A treatment history listing all therapies already tried, with approximate dates and the reason each was stopped
- Your oncologist's contact details, so the company or scheme can verify the application directly with your treating team
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What does CDSCO compassionate use actually involve?
Under the New Drugs and Clinical Trials Rules 2019, a hospital can apply to CDSCO to obtain an unapproved drug for a named patient with a serious or life-threatening condition, when no licensed alternative is available and the drug is not part of an ongoing trial.
The application is submitted by the hospital, not by you. Your oncologist prepares the clinical justification, and the manufacturer must agree to supply the drug before CDSCO will consider it.
This is not an emergency route. The realistic timeline depends on how quickly the manufacturer responds and how complete the application is — weeks at minimum, sometimes considerably longer.
CDSCO does not set or subsidise the price. The drug may be supplied free as a compassionate donation, at cost, or at market price. That is negotiated between your hospital and the manufacturer, which is why an experienced counsellor is worth involving from the start.
What can a CION counsellor do for you?
A CION counsellor can check which patient assistance programs are currently active for drugs relevant to your cancer type, and whether you are likely to meet the eligibility criteria before any paperwork begins.
They can write to the pharmaceutical company on the hospital's letterhead, attach the required clinical documentation, and follow up on the application. This carries more weight than a family member approaching a company helpline directly.
They can also check whether you are eligible for PM-JAY, Aarogyasri, or YSR Aarogyasri, and help you enrol if you are not already registered. If a specific drug is not listed under your scheme, they can advise on whether an appeal or alternative application is worth pursuing.
Ask to speak with a counsellor at your next appointment. This is a standard part of cancer care at CION centres — not a special service you need to request separately.
Did you know?
Several pharmaceutical companies operating in India maintain patient assistance programs that provide cancer drugs at no cost to eligible patients — but these programs are almost never advertised publicly.
Access depends on an oncologist or hospital submitting the application. Most families who would qualify never find out these programs exist.
Source: Indian Pharmaceutical Alliance; individual company patient assistance program disclosures
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Frequently asked questions
Is compassionate access the same as a clinical trial?
No, they are different pathways. A clinical trial is a structured research study testing whether a drug is safe and effective, and you must meet specific eligibility criteria set by the trial protocol. Compassionate access is for patients who cannot enter a trial and have already tried other licensed options. In a trial the drug is free and you receive close monitoring throughout; in compassionate access the supply terms and cost depend entirely on the manufacturer. Your oncologist can tell you whether a relevant trial is currently open before you pursue the compassionate access route.
Can I apply for a patient assistance program myself, without going through the hospital?
Most programs require an application from a licensed oncologist or hospital, not from the patient or family directly. This is because the company needs verified clinical documentation and needs to communicate with the treating team about supply and any monitoring requirements. You can research which programs exist for a particular drug and ask your oncologist to apply, but the application must come through the hospital. A counsellor who has submitted these applications before will know exactly what each company requires and how to present the case.
How long does CDSCO compassionate use approval take?
There is no fixed timeline. It depends on how quickly the manufacturer confirms they will supply the drug, and how complete the application is when submitted. Weeks is a realistic minimum; the process can take longer when the manufacturer needs time to assess the case or when additional documentation is requested. If speed is critical, a pharmaceutical company's own patient assistance program — which does not require a separate CDSCO approval step — may be the faster route for drugs that are already approved elsewhere. Ask your counsellor which route is likely to move faster for the specific drug you are asking about.
What if my drug is not covered by Aarogyasri or PM-JAY?
Both schemes update their drug and procedure lists periodically, but many newer cancer drugs are not yet included. If your drug is not listed, the options include a pharmaceutical company patient assistance program if one exists for that drug, the CDSCO compassionate use route if the drug has not been approved in India at all, or paying out of pocket while asking whether the hospital has any institutional discount arrangements. Some hospitals also maintain charitable funds for patients in financial hardship — ask your counsellor whether that exists at your treating centre.
Does CION supply or administer unapproved drugs?
No. CION does not stock, supply, or administer unapproved drugs. That is governed by CDSCO and the drug manufacturer. What CION counsellors do is handle the application and follow-up process — approaching companies, compiling documentation, and checking scheme eligibility — so that if a program or approval pathway exists, you are better placed to access it. Immunotherapy that is already approved and indicated for your cancer is given as day care at CION centres in the usual way.
What happens if the compassionate access application is refused?
A refusal from a pharmaceutical company is not subject to a formal appeal in the same way a government scheme decision would be, but a revised application with additional clinical documentation or a direct conversation between your oncologist and the company's medical affairs team can sometimes change the outcome. Your oncologist may also know of a different manufacturer with a similar drug. If CDSCO declines, ask whether there is an alternative route, such as a currently open expanded access protocol or a trial that has recently opened. A counsellor who handles these cases regularly is better placed than a family member to identify what options remain.