(a) A manufacturer or an eligible entity may make available an individualized investigational treatment to an eligible patient, and an eligible patient may request such treatment from such manufacturer or facility pursuant to this article; provided, however, that nothing in this article shall be construed to require that such manufacturer or facility make available such treatment to such patient.

(b) A manufacturer or an eligible facility may provide an individualized investigational treatment to an eligible patient:

(1) Without receiving compensation; or

(2) With the requirement that the eligible patient pays the costs of or the costs associated with the manufacture of the individualized investigational treatment.