Stricken language would be deleted from and underlined language would be added to present law.
Act 745 of the Regular Session
1 State of Arkansas As Engrossed: S2/4/21 H3/16/21
2 93rd General Assembly A Bill
3 Regular Session, 2021 SENATE BILL 143
4
5 By: Senators Irvin, Bledsoe
6 By: Representatives M. Gray, Vaught
7
8 For An Act To Be Entitled
9 AN ACT TO ENSURE THAT BENEFICIARIES OF THE ARKANSAS
10 MEDICAID PROGRAM HAVE ACCESS TO NEW PRODUCTS AND
11 LABEL EXPANSIONS APPROVED BY THE UNITED STATES FOOD
12 AND DRUG ADMINISTRATION; AND FOR OTHER PURPOSES.
13
14
15 Subtitle
16 TO ENSURE THAT BENEFICIARIES OF THE
17 ARKANSAS MEDICAID PROGRAM HAVE ACCESS TO
18 NEW PRODUCTS AND LABEL EXPANSIONS
19 APPROVED BY THE UNITED STATES FOOD AND
20 DRUG ADMINISTRATION.
21
22
23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
24
25 SECTION 1. Arkansas Code Title 20, Chapter 77, Subchapter 1, is
26 amended to add an additional section to read as follows:
27 20-77-140. Products and label expansions approved by the United States
28 Food and Drug Administration.
29 (a) The General Assembly finds that:
30 (1) The Arkansas Medicaid Program has historically delayed or
31 denied access to new products and label expansions approved by the United
32 States Food and Drug Administration during the time period after the products
33 or label expansions have been approved by the United States Food and Drug
34 Administration but before the Arkansas Medicaid Drug Utilization Review Board
35 has conducted a formal clinical review;
36 (2) This practice:
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 As Engrossed: S2/4/21 H3/16/21 SB143
1 (A) Unnecessarily delays patient access to innovative
2 products which can be particularly harmful for citizens of Arkansas who are
3 living with life-shortening or life-threatening conditions; and
4 (B) May result in irreversible harm to the health of
5 citizens of Arkansas;
6 (3) Other state Medicaid programs provide immediate access to
7 new products and label expansions approved by the United States Food and Drug
8 Administration prior to a formal clinical review; and
9 (4) It is in the best interest of the citizens of this state to
10 provide immediate access to new products and label expansions approved by the
11 United States Food and Drug Administration prior to a formal clinical review.
12 (b) Consistent with federal laws and regulations, the Arkansas
13 Medicaid Program shall:
14 (1) Provide immediate access to and reimbursement for new
15 products and label expansions approved by the United States Food and Drug
16 Administration, or outpatient drugs with a federal rebate agreement in place,
17 if the product is prescribed according to approved indications or medically
18 accepted indications; and
19 (2) Not deny or delay coverage or reimbursement for new products
20 and label expansions for an existing covered product approved by the United
21 States Food and Drug Administration for an existing covered product,
22 including denying or delaying access to a product solely because the Arkansas
23 Medicaid Drug Utilization Review Board or any other advisory body has not
24 conducted a formal clinical review of the product or label expansion.
25 (c)(1) The Department of Human Services shall appoint two (2)
26 individuals to the Arkansas Medicaid Drug Utilization Review Board.
27 (2) The individuals appointed under subdivision (c)(1) of this
28 section shall be:
29 (A) Either physicians or advanced practice registered
30 nurses;
31 (B) Licensed and practicing in this state; and
32 (C) Currently treating rare diseases or conditions.
33 (3) The department shall amend any rules or bylaws of the
34 Arkansas Medicaid Drug Utilization Review Board to implement this section.
35
36 /s/Irvin
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