Yes, and in fact it would be bad for the drug companies bottom line, so I doubt they'd go for it in the first place. It would essentially create two groups of

Yes, and in fact it would be bad for the drug companies bottom line, so I doubt they'd go for it in the first place. It would essentially create two groups of drugs. The pre-legislation guaranteed effective drugs and the post-legislation unguaranteed drugs. As you point out, the unguaranteed drugs would kill people, through inaction. No doctor wants to risk killing their patient, so if at all possible they'll go for the safe pre-legislation alternative. This would greatly hurt sales of new drugs, which is the last thing drug companies want to do.